Beth Alexander fights an insensitive Austrian justice system to regain her twin boys

Vienna Review   by Nina Cranen and Franziska Zoidl    

 Law without Justice

As in most countries in the West, Austrian family law is meant to serve the best interests of the children. But what if Justitia errs? [....]

Family law has a long tradition in Europe, either as Catholic countries or as Protestant.” However, that should not have mattered here, as both parents are observant Jews, a tradition in which mothers are held in very high regard. “Respect for motherhood is deeply rooted in Jewish culture,” confirmed the Viennese rabbi. Jewish identity itself is, in fact, matrilineal, i.e., being passed on through the mother. A child born of a Jewish father and Christian mother, for example, is not considered a Jew.

However, for Judge emeritus Lilian Hofmeister, Alexander’s case comes as no surprise in the Austrian legal system: “This is particularly true in custody wars over sons,” Judge Hofmeister said. “There seems to be a new ‘rule of thumb’, which states: ‘Sons belong to their fathers’,” she said. “In the course of my pro bono work, I have come across cases that I wouldn’t have thought possible from my understanding of the law,” she added. While she was not familiar with all the details of this case, she said that especially with parents raising their children religiously, courts often prefer the fathers to the mothers. “I often get the impression that fathers use women as baby machines,” Dr. Hofmeister said, “As soon as the baby is born, they want to get rid of the mother(…), with foreigners, it is even easier.” As a social critic and feminist, she sees the situation in Austria as “a ‘war against women as mothers’, something not yet being examined by the courts.”

As the twins were born in Austria, Alexander’s case is governed by Austrian law: After a 1.5-year custody battle, Judge Susanne Göttlicher granted full and immediate custody to her husband, basing her decision on one psychological report. In the report, a court-appointed psychologist deemed her unfit to parenting: “The mother has limited parenting abilities (…) she inadequately interacts and bonds with her children.” For Alexander, the report has been fabricated – a procedure that has just caused a scandal in Salzburg, where a courtappointed psychologist is believed to have written 13 reports for courts predominantly in custody wars, using pre-fabricated textual elements and having manipulated the psychological tests.

To prove the report wrong, Alexander had herself re-assessed privately, leading to a second court-commissioned evaluation, by Dr. Werner Leixnering. Both reports contradicted the initial report and stated that she was perfectly sane and a good mother. To date, Judge Göttlicher has declined to accept these reports in evidence. Claiming bias, Alexander filed for a replacement of the judge in January, which has put the case on hold for nearly six months. [...]

However, just before press time, a decision was handed denying Alexander’s request for a change of venue, stating that “a transfer of jurisdiction to the Bezirksgericht Josefstadt is not in the interest of the children at the moment.” But with every day that passes, the legal argument grows that the children are now “used to their father”, as the psychiatrist Wörgötter knows from her 15-year experience as a court-appointed expert. [...]