To: 

• the Governments of Croatia, Switzerland and the United Kingdom
• the European Union
• His Holiness Pope Francis

In March 2020 the UK Telegraph newspaper reported on the shocking decision of the UK High Court to return Nataly Anderson’s twin sons to Croatia against their wishes. She had brought them to the UK following 3 years during which she alleged extreme coercive controlling behaviour by their Croatian father, as well abuse of power and secondary victimisation by Croatian institutions following his abduction of the boys in 2016.

The children’s father followed the abduction of the children with a filing to a Croatian court for custody of the children and an extraordinarily high level of child maintenance - without Nataly’s knowledge.

At the same time he sent Nataly emails and text messages begging her to come to Croatia to join him, with lurid declarations of love and threats that he would take the children and discredit her if she didn’t comply. Via their lawyers, he offered to give her uncontested sole custody if she would “sign” that she would live in Croatia, indicating that his motive is not to care for the children but control her (and them). At the same time he was sending her streams of obscene text messages. He is trying to fraudulently strip Nataly and her parents of money and property. This is a devastating pattern of behaviour now understood as post-separation abuse, which is a criminal offence in UK law.

In 2021 the UK High Court published a landmark judgment in the case Re: H-N. It showed that domestic abuse must be taken into account in family law cases, including child abduction cases. Nataly obtained a second opinion from one of the barristers in this case who told her she did have grounds for appeal. But it was too late. Her legal team at the time had told her she could not appeal, and the children had long gone.

During two court cases relating to the children in those three years, through a string of bizarre, manifestly unlawful court judgments, Nataly had learned that she and the children were completely unprotected by the law in Croatia. However, the UK High Court refused to investigate her concerns. But courts of law should not assume that public bodies are right and private citizens are wrong.

After the children were sent back to Croatia they experienced severe trauma. One of the boys fell into a depression and his physical health went into shocking decline.

Medical and educational experts considered the children were not ready to be sent to a Croatian school as their father wished. Their father managed to get a paper from the Ministry of Education forcing the children into school against expert advice. Nataly won a court case against the Ministry on behalf of the children proving the decision was unlawful.

In October 2022 a final hearing was held in the child custody case. Nataly was terrified. Four social workers, the father and his lawyer were all implicated in an investigation by the Croatian Office for Anti-Corruption and Organised Crime at the time, following Nataly’s complaint about a serious data breach. None were suspended. Nataly had found a mother willing to testify that the “expert witnesses” involved had recommended custody of her children to her former partner, a convicted batterer who had sexually abused their seriously ill child. The “guardian ad litem” had engaged in 10 months of foot-dragging, only to quibble about upholding the children’s wish to relocate to England due to the passage of time. Nataly had raised complaints with the Croatian authorities which were not dealt with effectively.

During the hearing the “expert witnesses” admitted that they punish mothers for not cooperating in unlawful coerced mediation by taking their children from them. This kind of mediation is prohibited under Article 48 of the Istanbul Convention and General Recommendation 35 of the Committee on the Elimination of Discrimination against Women (CEDAW). The experts admitted that they force parents to dismiss abuse “for the sake of the children”. They admitted that they ruled out learning difficulties in the children without conducting proper assessments.

Still, the court ruled in favour of the father, despite the children’s clearly expressed wishes that they wished to return to England to live with their mother, and despite clear evidence of domestic abuse. The only grounds they had to do this were claims that Nataly might “alienate” the children from their Croatian family due to her complaints about the way the Croatian institutions had treated her and the children. However, the European Parliament, United Nations and other bodies are warning that “parental alienation” theories lack scientific rigour and are undermining the rights and safety of victims of domestic abuse.

Croatia is currently the most corrupt EU member state. Corruption has led to social and economic decline in Croatia, resulting in almost half a million Croatian citizens leaving the country in the last decade in search of a better life. This is why Nataly, after more than 15 years struggling to make a living in Croatia, is unable to bring up her children there. Nataly has proof that corruption is impacting the family’s case, making it impossible for her to secure the right to a fair trial.

The GREVIO independent experts responsible for monitoring the implementation of the Istanbul Convention are currently compiling their first report on Croatia. Croatian NGOs have raised serious concerns about lack of implementation, particularly in the area of child custody cases.

Media reports, testimony from victims and shadow reports to GREVIO demonstrate that mothers and children in Croatia have almost no ability to protect themselves from violence. Mothers are very likely to lose custody of their child to their abuser and to be criminalised themselves.

The above image is from a campaign from the charity Autonomna zenska kuca Zagreb in March 2023. It conveys a victim's statement: "The expert witness psychiatrist wrote that I am an unsuitable mother because I went to a women's shelter to escape domestic abuse." The charity states that in 2022 39% of calls related to the problems of mothers with social services, the police, the justice system, expert witnesses and other institutions. It calls for an end to structural violence against women.

In this situation, Nataly and her children are completely unprotected in Croatia. They are impacted by:

• the parlous state of the rule of law in Croatia,
• the disastrous state of the rights of women and children to protection from abuse in Croatia, and
• alleged corruption/abuse of power on an individual level.

It was irresponsible and dangerous of the UK High Court to send the children back into this situation.

Nataly tried once more in March 2023 to protect the children’s welfare and safety by escaping with them from Croatia and registering the children and herself in Switzerland as asylum seekers from cruel and inhuman treatment in Croatia.

Nataly considers the children have been tortured by the constant threat of, and actual wrongful removal of the children from her care. Their resulting emotional distress cannot be resolved due to their continued enforced separation from her for over three years. The children are at risk of neglect of their educational and welfare needs, and have suffered corporal punishment in their school in Croatia. Finally, after refusing to return to their father, the children were at immediate risk of being removed from Nataly’s care by force, with the Croatian police breaking the door down, and having their contact with her severely restricted.

To be clear, this was not about pushing the children's father out of their lives. It was simply about asking him to respect the children's wishes and need for their mother. Nataly and her family wrote to the father many times, with the children's consent and at their request, asking him to see reason. He did not respond, insisting on enforcing his will on Nataly and the children.

Professor Nils Melzer, the former UN Special Rapporteur on Torture, defines domestic abuse compounded by an inability to escape due to the state’s failure to fulfil its obligations to protect citizens as torture. Unlawfully separating two young children from their mother against their will, and especially by force, is certainly cruel and inhuman treatment.

But astonishingly, the asylum centre itself notified the Croatian police of the children’s whereabouts. Would they have done the same to a child seeking protection from, for example, Aghanistan?

Everyone has the right to asylum, regardless of age or nationality. There are no restrictions in law on which countries one may seek asylum from. However, there are clearly political sensitivities. But Nataly’s children have the right to be protected from almost 7 years of cruel and inhuman treatment which is impacting their wellbeing and seriously threatening their long term life outcomes.

The children's father filed an application to remove the children from their mother for a third time under the Hague Convention on Civil Aspects of International Parental Child Abduction. But Nataly had brought the children to seek asylum from Croatia, under international humanitarian law. Civil law cannot override international law in this way.

The Swiss lawyer assigned to represent the children powerfully asserted to the Supreme Court of Zurich Canton that the children were deeply traumatised by their repeated removal from their mother's care and that they could not expect a happy and healthy childhood or suitable education in Zagreb.

Zurich City child protection services also noted the extreme distress of the children at separation from their mother and their extreme fear of being returned to Croatia. One of the boys was in such a state of sustained panic that he experienced breathing difficulties, chest pains, palpitations and visual disturbances. This child has suspected autism, which his father denies. The children's lawyer however felt it was evident that he is on the autism spectrum. To subject an autistic child to such psychological torment is the utmost cruelty.

Both children spoke of suicide at least once.

However, the court adopted a judgment to be executed the same day, returning the children to Croatia, ignoring the children’s status as asylum seekers from that very country.

The speed at which this happened, regardless of the appeals process, completely undermined the family’s right to a fair trial and to a legal remedy. Executing the return of the children to Croatia, the very state from which the children are seeking asylum, pending the asylum process is a violation of international humanitarian law.

There also may be a conflict of interest involved as Nataly has learned that the Swiss lawyer representing the father, Mr Kai Burkart, and his partners, are former employees of the Zurich District Court. The children reported to Nataly that their father knew of the content of the judgment the day before it was handed down. It seems impossible that the court order could have been executed with such speed without it being coordinated with the father prior to being handed down.

The Zurich Supreme Court, in adopting this judgment, once again violated the right of the children to have their voices heard and their wishes upheld. It demonstrated once and for all to the children that whatever they say, the adults responsible for protecting their interests will not listen to them, anywhere in the world. They are completely powerless. The court implicitly used “parental alienation” ideology to undermine the children’s testimony simply because Nataly has told the children the truth about what is happening to the family, which is vital to protecting their psychological wellbeing.

The Zurich court upheld the opinion of Croatian expert witnesses who are alleged to have issued unsafe, fraudulent reports and to recommend custody of children to violent criminals and paedophiles.

The court ignored ample evidence in the public domain on corruption, systemic child trafficking and institutional abuse of mothers and children in Croatia. The extremely tight timeframe made it almost impossible for Nataly to mount a thorough defence.

The forced removal of the children was violent and traumatising, and involved the physical manhandling of Nataly and the children. Both boys reported pain due to being manhandled by police officers, that they were shouted at and told to shut up and stop crying. Nataly received bruising to her arm.

Nataly has footage of the police officer in charge of the operation smirking while she explained to him that the court order was in violation of the law.

The father had clearly demonstrated in court that he was inflexible and hell-bent on enforcing his will on Nataly and the children. He disclosed that he had unlawfully obtained Croatian passports for the children, and concealed the fact that he was holding the children's British passports, thereby committing contempt of court and endangering the children. The court ignored this.

All of this is completely unacceptable.

As concerned citizens, we the undersigned are appealing to the following:

The Croatian Government:

1. To ensure that the Croatian courts and institutions stop the state torture of Nataly and her children. To see that the children are returned to their mother immediately, ending the Croatian courts’ 7 year long unlawful hijacking of jurisdiction over the children's case.
2. To stop institutional violence against families through the courts and child protection system in Croatia.
3. To address the crisis in the rule of law in Croatia and especially to ensure that children are not trafficked through the Croatian courts.
4. To honour its commitments to uphold the rights of women and children under the Istanbul Convention, which Croatia has ratified.

The Swiss Government: 

1. To ensure that Nataly’s appeal to the decision of the Zurich Supreme Court is processed swiftly and in accordance with Swiss and international law and best practice. If a Hague child abduction hearing can be completed and executed in 10 days, so must the appeal be processed swiftly, bearing in mind the urgency of protecting the children’s rights, safety and welfare.
2. To effectively investigate Nataly’s complaint about the violation of international humanitarian law: Nataly brought her children to Switzerland to be protected from cruel and inhuman treatment at the hands of the Croatian State and their father. She did not expect further violations of their rights from the Swiss authorities, including to be unlawfully forced to return to Croatia.
3. To ensure that the Croatian Government complies with its obligations to return the children if Nataly’s complaints are upheld.

The UK Government: 

1. To provide diplomatic support to assist Nataly and her children in securing protection of the children’s rights in Croatia and Switzerland, and to bring the children home in accordance with their wishes and needs.
2. To review the UK High Court’s decision to return Nataly’s children to Croatia, which put them in this dangerous position.
3. To take urgent steps to stop the unlawful refoulement of mothers and children to situations of torture under the Hague Convention.

The European Union:

1. To take steps to address the parlous state of the rule of law in Croatia. Croatia’s position right now is worse in many areas than Hungary and Poland. To freeze Croatia’s funding until Croatia demonstrates that it is upholding European values.
2. To compel the European Commission to take urgent steps to ensure compliance with the democratic will of the Parliament and with the law in the Member States. The European Parliament on 6 October 2021 voted with an overwhelming majority to protect victims of domestic abuse in child custody cases.
3. To ensure that Nataly and her children can claim restitution arising from damages caused by violations of the rights of herself and her children in Croatia, Switzerland and the United Kingdom.

His Holiness Pope Francis:

1. The lack of protection of adult and child victims of domestic abuse in family law cases is a serious problem around the world. Please condemn this in the strongest terms, help raise public awareness and stop courts taking children from safe, protective parents.
2. Children are our most precious, innocent and vulnerable citizens. By harming children, for profit, we are doing untold damage and causing enormous problems for society. Please help us ensure that those entrusted with protecting child safety and welfare are only ever motivated by good outcomes for children, and never by profit incentives.

“Whoever causes one of these little ones who believe in Me to sin, it would be better for him if a millstone were hung around his neck, and he were drowned in the depth of the sea.”

Matthew 18:6

We thank you for your attention to this matter. This is not an isolated incident. This case is indicative of systemic problems and resolving this case could help many other families in a similar position.

Please share this petition with your family and friends: by social media, by email.

Please #BoycottCroatia until Nataly’s children are reunited with her in Switzerland or the UK where they have a chance of a fair trial and protection under the law.

Please suggest to your family and friends to boycott Croatian tourism: Croatia is not a safe country for women and children.

References

Nataly’s case:

https://www.telegraph.co.uk/news/2020/03/08/british-mother-tells-moment-high-court-forced-send-children/

https://natalyanderson.substack.com/p/croatia-family-court-fiasco-and-corruption

https://natalyanderson.substack.com/p/expert-witness-malpractice-and-fraud

https://natalyanderson.substack.com/p/family-courts-and-schools-a-match

http://www.bpanwalt.ch/BPRKB.php

https://twitter.com/natalyanderson/status/1643868729208348674?s=20

https://www.facebook.com/532660665/videos/1288710195105000/

 

Legal framework:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1148945/Controlling_or_Coercive_Behaviour_Statutory_Guidance_-_final.pdf

https://www.bailii.org/ew/cases/EWCA/Civ/2021/448.pdf

https://www.judiciary.uk/about-the-judiciary/our-justice-system/jud-acc-ind/independence/

https://www.coe.int/en/web/conventions/full-list?module=treaty-detail&treatynum=210

https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-recommendation-no-35-2017-gender-based

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52021IP0406

https://www.linkedin.com/in/nils-melzer-546a6227/?originalSubdomain=ch

https://www.ohchr.org/en/special-procedures/sr-torture/domestic-violence-and-prohibition-torture-and-ill-treatment

https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-relating-status-refugees

https://www.hcch.net/en/instruments/conventions/full-text/?cid=24

https://www.supremecourt.uk/cases/uksc-2020-0191.html

 

Concerns about “Parental Alienation”:

https://www.ohchr.org/en/calls-for-input/2022/call-inputs-custody-cases-violence-against-women-and-violence-against-children

https://www.shera-research.com/latest-news/shera-formal-statement-on-so-called-parental-alienation-a-pseudoscientific-and-damaging-belief-system-which-renders-children-voiceless

https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=27600

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52021IP0406

https://grantwyeth.medium.com/the-facilitating-system-of-the-family-court-cf4ee5a3b30b

 

Corruption, social and economic decline in Croatia

https://leaderssummit.medium.com/croatia-a-member-of-nato-and-the-eu-ranked-as-most-corrupt-country-in-eastern-europe-vladimir-df564ecd547f

https://europeanwesternbalkans.com/2022/12/01/policy-brief-croatia-needs-to-address-root-causes-of-its-demographic-decline/

https://www.coe.int/en/web/istanbul-convention/-/grevio-receives-state-report-for-the-republic-of-croatia

https://www.coe.int/en/web/istanbul-convention/croatia

https://www.24sata.hr/news/ministarstvo-salje-nadzor-u-centar-za-socijalnu-skrb-zbog-mihaele-koju-je-bivsi-htio-ubiti-862312

https://www.facebook.com/autonomna/photos/basw.AboHD3R3NDTPKz12SYD4JqXvZSrvTBIMHJO12JO9EzmGUBeztS5HQjuD95lRQVPtZTmLRzA0adAwcslH5YgZ1NmzOaml3B9qb-MbrekWUMCubpx-mH1IxiBp12JURciWUFHs0s-W4Tp7mJQDUy1SewCq1MDVPacTgdpxugMY20MbAA/6025209397490790/?opaqueCursor=Abq4-BwvcZ605mKbYvB7gP3trJA3z2NNpM9Eg4DQKpzrHsS7CONSBpAcoRY5aJKQyfWnEawpPD_T1s2bA5DIc3VED7sYcvaUHDQkCF_qlbsSpt7neRZHJR8XLXQDEZ1aixXjSSkTnhMn16OYcCIU9bfJzDABVxAPwXJhC4TS91YVX5iojUUNez0qZ6Bv6KQsyImKqT2ImQEdDParQam07hxsmjbbpZrHQLcpE4nbQV188N82OeXEsCRNJTtWmf00LSGWnwV6BN7tdS4jGmxZgtdlCAsozfIvtlc5lB6SRz4tnPgkFBK83NXkUreExA2FMs-I5IlJVmS92cSnbpUYvwwT3gUVPHNMqZD7v3anms7EVDefdG-3ML6y06WB65f-HgPJigCZ6fpgv7Yd5f3WKmjpSpKJAuLGNXAOr8qFMroebr4sQVhfqgRmjdY7I6cQFG5nHkVbhB1sehZLE6UGVRk9-ocY1Cz1q_HLfTDUTU4v96fxGFX_cLqcK-M6uxMLs_8Weje5ihoz9EBJ7ck7e1PabSEoyMtldG5eu0Nzm0NJo-_LFz4daEATRyJTtAEM9OoCXBvn9NX2t5nuzt3kQ1kl_gdJ-ZRmScMcA3JpYCt1zbNOTuGnM0YfH_9a32TmeUAL0tAInEXY54yBvhncJH_yy0SHghyGVvIOR85PaRhtADsdx6fzH4X6JDIudocHYLzDm8xqfezuj58B97qXpbMoUDfp6aQPqqQwht_0oLUaxLYyHBQCnSy53OSJvfJuHOY0xcZm_M6r0AgiUsD3Pl6NQUBo78OnQWazhAL4W3CjVml7j9ThQMKlp9Xt6hsd9GwlpDMEXJy6oUPCfCWaylIALxsOQWVKsR2_-uDVOMVJssPeS7pI8IbELes7JRLhg2qWx40fKxEZqWXNR1LigqOO3_E7rzK4p-1Bzk94pxrbSGSfb1rD1IScWJIECCbqg6GWTsc6fFc-Lz5It0Y_R46L

https://leaderssummit.medium.com/croatias-judicial-independence-dropped-to-126th-out-of-141-countries-in-world-economic-forum-s-aef48aa4c678

https://www.aciafrica.org/news/7635/catholic-activists-call-for-investigation-into-possible-trafficking-of-congolese-children

https://h-alter.org/author/jjindra/

https://www.ungeneva.org/en/news-media/meeting-summary/2023/03/zambie-le-comite-des-disparitions-forcees-sinquiete-de-labsence

https://ec.europa.eu/commission/presscorner/detail/en/IP_22_3146

https://www.vaticannews.va/en/pope/news/2022-11/international-day-violence-against-women-pope-francis-humanity.html