High Court Returns Abducted Children from UK to Austria

Maria Kitsiou

Children abducted from Austria and smuggled to UK on small boat by father returned to Austria by the High Court

Four boys aged 13, 11, 9 and 7 who were abducted by their father and smuggled to the UK on a small boat have been returned to Austria where their mother lives.

Background and Context

The boys, and their parents were living in Austria and had Asylum status in that country. The family had originally come from Syria. The parents became estranged, and the father abducted the children in May 2023. He called the mother five days after the abduction from Austria later telling her that he was in France with the children and was hoping to try and settle in England because “life and education for the children was better in the UK”.

He brought them to England in June 2023, subjecting them to a perilous journey by dinghy across the English Channel. Upon arrival in England the father claimed asylum for himself and the children. He was arrested for immigration offences and the children placed in the care of a local authority.

Legal proceedings and Custody

The local authority started care proceedings and the mother was informed of her children’s whereabouts. The children were placed in foster care when the father was jailed for smuggling them to the UK. The children were settled with their foster carers, but their behaviour started to deteriorate when their father was released.

Mrs Justice Gwyneth Knowles dealt with the proceedings in the High Court. The judge was asked to decide if the children should remain in the country as the father wanted or whether they should be returned to Austria as the mother and local authority wanted.

Proceedings Outcome

Mrs Justice Gwyneth Knowles found in favour of the mother, who had instructed Osbornes Law, and ordered the boys be returned to Austria.

In her judgment last month, the judge said:

“Turning to the question of harm, I am satisfied that all four children have suffered significant emotional harm and were likely to suffer significant physical harm for which their father is responsible”

She continued

“The father’s abduction of the children from Austria was flagrant and deliberate. These were vulnerable children as any perusal of their background in Austria demonstrates yet the father behaved as if they were pieces on a chessboard to be picked up and set down wherever suited his purposes.

I am satisfied that the children were likely traumatised by (a) their peremptory removal from Austria; (b) the mode of travel to this jurisdiction involving the known life-threatening dangers of a small boat Channel crossing; (c) the father’s arrest and imprisonment in this jurisdiction; (d) the children’s separation from the mother and the grandmother; and (d) their placement in foster care. The father’s disregard for the children’s needs appears to have included instructing the children to refuse contact with their mother and to say bad things about her.”

Osbornes Law Legal Representation

The Mother was represented by specialist child abduction solicitor Simone McGrath and Maria Kitsiou, partner at Osbornes Law.

Maria Kitsiou said:

“These children were put through a traumatic experience of being abducted by their father and smuggled to the UK in extremely dangerous circumstances. My client has been unable to see her children for months and is delighted that they will now be returned to Austria so they can start rebuilding their lives as a family.”

How we can help

If you would like more information regarding child relocation after divorce, please contact the Osbornes Law children team. Our experienced team of legal professionals are here to help explain how best you can navigate any issues that you might be facing. Contact us today to find out more.

• Call us on 020 7485 8811, or
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