TABLE 1


CHRONOLOGY OF COURT PROCEEDINGS ON ACCESS
Case of Sylvester vs. Austria (Judgment of 24 April 2003)
1995
10/30/95Carina's Abduction from Michigan
12/22/95Order of Graz Court for Specific Visitation (12/24&12/27)
(no compliance)
Result: No access in 1995.
1996 rs
9/26/96First Petition for Access
Result: No access in 1996 while enforcement attempts made.
1997 rs
2/12/97Order that “expert” is to conduct investigation and make recommendation on access request
2/24/97Monika Sylvester files response to access request
3/26/97“Expert” opinion rendered on access request
4/22/97Tom Sylvester files objection to “expert's” report
4/29/97Order for supervised visitation at Institute for Family Learning for one hour each on 6/2/97, 6/4/97, and 6/6/97
10/21/97Order for supervised visitation at Institute for Family Learning for one hour each on 12/12/97, 12/13/97, and 12/14/97
Result: Six hours court ordered access in 1997.
1998 rs
3/3/98Tom Sylvester files Application under Article 21 of the Hague Convention for access on April 10, 11, and 12, 1998 and June 27 through July 4, 1998
4/22/98Order denying Article 21 access request on basis of inapplicability of the Hague Convention
5/25/98Court of Appeals reverses decision of trial court and remands denying specific request as to dates in April now moot. Austrian attorney claims that a court order for access on June 27 through July 4, 1998 was now no longer possible due to insufficient time for court review
7/02/98New dates on access are submitted to the court for September 6-14, 1998 and December 20-31, 1998
7/22/98Monika Sylvester files objections to access request for remaining dates of September 6-14, 1998 and December 20-31, 1998
7/27/98Order for supervised visitation, 2 hours per day, Mondays, Wednesdays and Fridays between dates requested
8/13/98Monika appeals visitation decision above
10/12/98Court of Appeals remands to expert again; all September dates are moot
11/24/98Supreme Court denies appeal of Court of Appeals decision
Result: No court ordered access in 1998.
1999 rs
3/2/99U.S. Department of State delegation meets with Austrian government in Vienna to discuss access
3/16/99Tom Sylvester submits to Austrian courts three proposals for access for the 1999 and 2000 calendar years
4/15/99Tom Sylvester submits revised access proposal because April dates are now moot.
4/27/99Monika Sylvester files objections
6/24/99Tom Sylvester meets with Dr. Kraft concerning whether visits by the father are in the interest of the child
7/23/99Tom Sylvester begins paying $1,000 U.S. per month to Monika Sylvester at her demand
8/4/99Further opinion of “expert”
9/4/99Tom Sylvester obtains approval from Monika Sylvester of three days of unordered visits in September
10/28/99Order approving visits supervised by mother for 3 days from 9:00 a.m. to 7:00 p.m.: 12/31/99, 1/1/00 and 1/2/00; 4/28/00, 4/29/00 and 4/30/00; 9/15/00, 9/16/00 and 9/17/00; and 12/29/00, 12/30/00 and 12/31/00. Other 1999 dates mooted. All other requested access dates were denied.
11/11/99Tom Sylvester appeals above decision based on being granted only 1 of 41 days requested in 1999, and 11 of 78 days requested in 2000. Also, no visitation was granted unsupervised and there were no provisions for visitation in the United States
11/22/99Court of Appeals denies appeal as to dates past and future
12/27/99Tom Sylvester appeals to the Supreme Court
12/28/99Austrian Court enters child support order retroactive to date of abduction.
Result: One day court ordered access in 1999.
2000 rs
1/18/00Tom Sylvester's appeal denied
9/13/00Monika Sylvester files objections
11/13/00New access petition with new schedule submitted to trial court
12/18/00Hearing with judge on access request
12/28/00Hearing with Judge Lautner—“Statement by Minister of Justice submitted re: Complaint to ECHR”
12/29/00Dr. Kraft appointed “expert” again and given 8 weeks to expand on his opinion of 8/4/99 to determine whether request of 11/14/00 are in Carina's best interests
Result: Eleven days court ordered access in 2000.
2001 rs
1/5/01Tom Sylvester files formal objection to appointment of Dr. Kraft as “expert”
5/21/01“Expert” report completed without interview of or input from Tom Sylvester
7/17/01Order of interim access on September 14-16, 2001
9/12/01Request to Judge Lautner to change visitation due to September 11 attack in U.S.—denied by Judge Lautner
9/14/01Formal request to President of the Court for different dates
9/18/01New order entered for 2001 access
10/5/01Supplemental opinion of “expert”
12/3/01Order for access 12/29/01, 12/30/01 and 12/31/01
Result: Six days court ordered access for 2001.
2002 rs
2/14/02Tom Sylvester provides a detailed access request schedule for the year to his attorney in Austria
3/4/02Monika Sylvester's attorney calls Tom Sylvester's attorney in Austria to report that Monika Sylvester will allow access on March 22, 2002 in the afternoon, March 23, 2002 and March 24, 2002.
No further petitions for visitation were made through the courts.
Result: No court ordered access in 2002.


















TABLE 2


HIGHLIGHTS OF THE UNITED STATES GOVERNMENT'S INTERACTION WITH THE AUSTRIAN GOVERNMENT IN THE HAGUE ABDUCTION CASE OF CARINA SYLVESTER
3/02/99Department of State Office of Children's Issues Director and other representatives from the Bureau of Consular Affairs and Office of the Legal Advisor met with officials of the Austrian Ministries of Foreign Affairs and Justice in Vienna to discuss the case.
9/13/00U.S. Ambassador to Austria Hall, the U.S. Consul General in Vienna, Thomas Sylvester, and his U.S. attorney met in Vienna with the Austrian Minister of Justice Boehmdorfer, Minister of Justice official Schuetz, and counsel for Monika Sylvester in an attempt to mediate access issues.
9/25/00Secretary of State Albright discussed the Sylvester matter by telephone with Austrian Chancellor Schuessel.
11/08/00Secretary Albright and U.S. Ambassador to Austria Hall met with Austrian Foreign Minister Ferrero-Waldner in Washington D.C. and raise the Sylvester case.
11/26/00Secretary Albright met with Austrian Foreign Minister Ferrero-Waldner and Austrian Chancellor Schuessel in Vienna and again raised the Sylvester case.
3/22-28/01Department of State sent a delegation to participate in the Fourth Special Commission to review the operation of The Hague Convention on the Civil Aspects of International Child Abduction at The Hague and raised the case with the Austrian delegation.
6/28/02Secretary Powell contacted the Austrian Foreign Minister Ferrero-Waldner, expressing his dissatisfaction with the status quo in the Sylvester case and asking her to help find a solution.
7/01/02U.S. Ambassador to Austria Brown met with Austrian Minister of Justice Boehmdorfer to discuss the Sylvester case. Ambassador Brown wrote and hand delivered a letter dated June 10, 2002 noting that the Sylvester case was creating an irritant to otherwise outstanding bilateral relations and asking for assistance in reaching a humane and just resolution.
1/14/03Assistant Secretary of State for Consular Affairs Harty met with Austrian Ambassador Moser and discussed the Sylvester case, urging the Austrian government to develop proposals to expand and normalize Thomas Sylvester's access to his daughter. Ambassador Moser agreed to ask authorities in Vienna to help develop a workable access plan.
3/21/03Personnel in U.S. Embassy Vienna met with officials of the Austrian Foreign Ministry to discuss the case per instructions from the Department of State to follow-up on the meeting in Washington D.C. between Assistant Secretary Harty and Austrian Ambassador Moser. U.S. Consul General in Vienna reviewed all of the efforts made to date to obtain broader effective access rights, especially the right to unsupervised visitation both in Austria and the U.S. and requested concrete suggestions from the Austrian side on how to achieve these goals. Austrian officials promised to look into the case further and provide a response to the U.S. Embassy and Washington.
5/02/03Assistant Secretary Harty approved a diplomatic note to the Austrian Embassy in Washington D.C. forwarding a copy of the European Court of Human Rights' unanimous decision in the case of Sylvester v. Austria, insisting that Austria urgently take steps to expand Thomas Sylvester's access to Carina Sylvester.
7/14/03Assistant Secretary Harty met with Austrian authorities in Vienna to discuss the matter of Carina Sylvester and urged the Austrian government to develop proposals to expand and normalize Thomas Sylvester's access to his daughter.
7/16/03Assistant Secretary of State for European and Eurasian Affairs Jones discussed the Sylvester matter with Austrian Foreign Minister Ferrero-Waldner in Vienna and urged the Austrian government to develop proposals to expand and normalize Thomas Sylvester's access to his daughter.
8/20/03Assistant Secretary Jones raised the case in a meeting with Austrian Ambassador Moser.
8/25/03Under Secretary of State for Political Affairs Grossman raised the Sylvester case in a meeting with Ambassador Moser.
9/18/03Secretary of State Powell raised the case in a meeting with new Austrian Ambassador to the U.S. Nowotny.
10/14/03State Department Legal Advisor Taft raised the case in a meeting with Ambassador Nowotny.
10/29/03Assistant Secretary Jones raised the case in a meeting with Amb. Nowotny.
11/13/03Under Secretary Grossman raised the case in a meeting with Austrian Foreign Ministry Secretary General Kyrle.
12/04/04President of the United States George W. Bush raised the Sylvester case with new Austrian Ambassador to the United States Nowotny as she presented her credentials.
1/16/04Assistant Secretary Harty met with Amb. Nowotny to discuss the case of Carina Sylvester and ways for Thomas Sylvester to expand access to his daughter.
1/26/04U.S. Attorney General Ashcroft raised the Sylvester matter with the Austrian Minister of Justice while in Vienna.
6/22/04Assistant Secretary Harty raised the case in a letter to Amb. Nowotny for renewed possibility of increased access for Thomas Sylvester to his daughter Carina.