Austro-Slovakian couple arrested in Bari: child robbery shock!

Austro-Slovakian couple arrested in Bari: child robbery shock!

On July 20, an Austrian-Slovak couple was arrested by Italian state police in Bari, Italy. This action took place on the basis of a European Arrest Warrant issued by the Steyr Regional Court in Upper Austria for child abduction. The arrest was carried out during a random check in the port of Bari when the woman with a child disembarked from a motor ship from Dubrovnik. She was unable to show any identification documents during the check.

The man, who was driving a vehicle with a German license plate, was also identified. The officers' check revealed that there was a European arrest warrant and an international alert against both, which indicated child abduction. The abducted child had already been removed from his original family on May 27 and was placed in a secure facility.

Legal situation in child abductions

International child abduction is a serious problem and often occurs when children are taken to another location against the wishes of a guardian and without the necessary legal authorization. The legal basis for such cases is set out in various national and international regulations, including the Hague Convention for the Protection of Children from Transnational Abduction, which came into force on October 25, 1980.

In Europe, additional regulations apply such as Brussels IIb, which has been in force since September 1, 2022. This supplements the Hague Convention for cases between Member States of the European Union, with the exception of Denmark. In Austrian procedural law, the corresponding provisions are set out in Section 109a JN and Sections 111a ff AußStrG.

Handling and repatriation of abducted children

In the event of an international child abduction, a central authority, in Austria the Federal Ministry of Justice (BMJ), must intervene. The left-behind parent can submit an application for the return of the child to the responsible guardianship court. The court forwards the application to the BMJ, which examines the return to the country of origin.

However, the return can be refused if the exercise of custody cannot be proven, the person with custody has consented to the removal, the return of the child poses risks or the child expresses serious concerns about the return.

In the current case, the couple is now being transferred to different prisons, the woman to Trani and the man to Bari. The relevant appeal court will decide on the extradition procedure to the judicial authority that issued the European arrest warrant.

The situation highlights the complex and often painful reality of international child abduction and the difficult legal framework that exists for the families affected. Further information on procedures for international child abduction is available on the website of the Federal Ministry of Justice.