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Girl in U.S. custody fight adjusts to life in China
MSNBC ^

Posted on 12/01/2008 7:48:21 AM PST by Oyarsa

CHONGQING, China - Nine-year-old Anna He stands quietly amid the chaos in her boarding school dorm on a Sunday night, a frenzy of little girls chattering in Chinese as they change the linens on rows of wooden beds.

Anna is an outsider here. Her parents are Chinese, but she cannot talk to her schoolmates because she grew up in America.

This small girl with watchful dark eyes was at the center of one of the longest custody battles in the U.S. in recent times, a high-profile seven-year dispute marked by racial and cultural undercurrents. On one side were the Bakers, a white family in suburban Memphis, Tenn. On the other were the Hes, immigrants scraping by with low-paying jobs before they returned to China.

The legal fight is finally over. And a new story has started for Anna.

Last year the Tennessee Supreme Court ordered her returned to the Chinese couple, and the family moved to China in February. Since then, Anna has lived in two cities and attended three schools. After her parents' marriage fell apart, she was sent to boarding school this fall and goes home on weekends.

"I really don't like living at school," Anna murmurs in English, buttoning and unbuttoning her sweater absently as the other girls flutter bed sheets in the air.

(Excerpt) Read more at msnbc.msn.com ...


TOPICS: News/Current Events; US: Tennessee
KEYWORDS: annahe; china; communismkills; custody; hesijia; redchina; tennesee
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1 posted on 12/01/2008 7:48:22 AM PST by Oyarsa
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To: Oyarsa

Why is it that courts in the USA routinely rule against the interests of US citizens? If the countries were reversed, we’d be told to go get bent.


2 posted on 12/01/2008 7:51:23 AM PST by pnh102 (Save America - Ban Ethanol Now!)
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To: pnh102

It’s unfortuate that little girl has a long road ahead of her.

I suppose that if she never takes Chinese citizenship, she can return when she is eighteen, if she chooses.


3 posted on 12/01/2008 8:01:03 AM PST by Oyarsa
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To: Oyarsa

I guess signing a legal document isn’t binding when activist judges are in play.

Clearly this has not been a good thing for the girl. And the parents that claimed to want her certainly can’t put aside their differences to raise her. So they don’t raise her. But they won.


4 posted on 12/01/2008 8:05:37 AM PST by weegee (Sec. of State Clinton. What kind of change is it to keep the Bush-Clinton-Bush-Clinton Oligarchy?)
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To: pnh102
Why is it that courts in the USA routinely rule against the interests of US citizens?

It's more accurate to say that courts in the USA routinely rule in favor of the birth parents, regardless of citizenship.

5 posted on 12/01/2008 8:06:33 AM PST by Constitutionalist Conservative (ACORN is a criminal enterprise)
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To: Oyarsa

poor baby
she will never live with a loving family


6 posted on 12/01/2008 8:07:03 AM PST by silverleaf (Fasten your seat belts- it's going to be a BUMPY ride.)
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To: Oyarsa

Sounds like she better get to work!!! jk i feel for her.

I love how the media like to use the word “undercurrents.” That’s when they think you’re racist but can’t point to any evidence of racism.


7 posted on 12/01/2008 8:08:09 AM PST by GodfearingTexan
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To: Oyarsa

Life is an adventure, it will probably turn out all right for her. She can write a book about her experience in English and all of America will buy it.


8 posted on 12/01/2008 8:11:40 AM PST by Bon mots
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To: Constitutionalist Conservative

That means that you should always be prepared to surrender your child at the dictate of the courts if you choose to adopt.


9 posted on 12/01/2008 8:28:31 AM PST by weegee (Sec. of State Clinton. What kind of change is it to keep the Bush-Clinton-Bush-Clinton Oligarchy?)
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To: Oyarsa

This is not about adoption. This is aabout a foster family who thought that they had rights to the child.

No fostor family has any right to a child. Only a child who has been legally cleared for adoption is available.

This arrogant fostor family thought that their rights trumped the biologial parents rights, and as in all these cases the bio parents won.

These laws prevent others from claiming your children. Respect them


10 posted on 12/01/2008 8:37:06 AM PST by Chickensoup (we owe HUSSEIN & Democrats the exact kind respect & loyalty that they showed us, Bush & Reagan)
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To: Constitutionalist Conservative
It's more accurate to say that courts in the USA routinely rule in favor of the birth parents, regardless of citizenship.

I know that in some states (New Jersey comes to mind) an adoption is pretty much final once birth parents choose to give up their children. I would hope that more states adopt such a model.

11 posted on 12/01/2008 10:31:31 AM PST by pnh102 (Save America - Ban Ethanol Now!)
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To: Oyarsa; Tennessee Nana; Coldwater Creek; Impy; NewRomeTacitus; Blood of Tyrants; wardaddy
"Last year the Tennessee Supreme Court ordered her returned to the Chinese couple"

Goodie. Another life-ruining ruling from our odious leftist activist court.

12 posted on 12/01/2008 12:10:45 PM PST by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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To: Chickensoup

Dericlt Chinese parents who stick in a boarding school where she an American doesn’t speak the language. BOO.


13 posted on 12/01/2008 4:53:51 PM PST by Impy (RED=COMMUNIST, NOT REPUBLICAN)
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To: fieldmarshaldj

“And what are three things she likes about China?

“Well, let me think ... well, I have made a friend but now she is gone. Her name was Sarah. That’s one thing. I’m trying to think of a second thing. Second thing I like about China ... is ... well, I don’t really know. I don’t know ... There’s so many cars and a lot of people smoke. I really hate that.”

***king sucks. She’s gonna have a GREAT life now.

Elian part 2.


14 posted on 12/01/2008 4:55:33 PM PST by Impy (RED=COMMUNIST, NOT REPUBLICAN)
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To: Impy

At least Cuba wasn’t alien to Elian and he spoke the language. This young lady is absolutely alien to this country, including language.


15 posted on 12/01/2008 5:02:18 PM PST by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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To: fieldmarshaldj

Tell it to freeper “Chickensoup” (for the marxist soul?). S/he sides with the court.

Just like all those “father’s rights” advocates who sided with the court on Elian. They made me sick.


16 posted on 12/01/2008 5:06:05 PM PST by Impy (RED=COMMUNIST, NOT REPUBLICAN)
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To: Impy

No, this was an abduction by a pig court. You don’t take a child that has only known this country and forceably return them to a hostile foreign totalitarian nation where she is a complete alien to language and culture. It is EVIL.

(And in the case of Elian, while they were returning him to a familiar culture, they were specifically delivering him to Fidel, not the boy’s father, as there is no such thing as parental rights in Cuba. All children are PROPERTY of the state under the Cuban Constitution, and the state is Castro).


17 posted on 12/01/2008 5:10:52 PM PST by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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To: pnh102

there was no adoption the foster parents tried to force an adoption and if the courts moved more quickly would have been avoided


18 posted on 12/01/2008 5:20:45 PM PST by GrumpyDAV
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To: Impy

Dericlt Chinese parents who stick in a boarding school where she an American doesn’t speak the language. BOO.

There is no guarantee of good parents, sadly.


19 posted on 12/01/2008 5:31:20 PM PST by Chickensoup (we owe HUSSEIN & Democrats the exact kind respect & loyalty that they showed us, Bush & Reagan)
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To: Chickensoup; fieldmarshaldj

Whatever.

I could give a crap about their supposed “rights”. Happy American children shouldn’t be kidnapped and sent to a foreign land, especially Red China.


20 posted on 12/01/2008 5:38:03 PM PST by Impy (RED=COMMUNIST, NOT REPUBLICAN)
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To: Impy

No fostor family has any right to a child. Only a child who has been legally cleared for adoption is available.

Stops people from taking your own chidren. Whether they are happy or sad with you.


21 posted on 12/01/2008 5:43:28 PM PST by Chickensoup (we owe HUSSEIN & Democrats the exact kind respect & loyalty that they showed us, Bush & Reagan)
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To: Impy

The people who really screwed this kid were the foster family who wouldnt let her go back to her bio parents so she could have her Chinese childhood. Selfish twerps.


22 posted on 12/01/2008 5:48:23 PM PST by Chickensoup (we owe HUSSEIN & Democrats the exact kind respect & loyalty that they showed us, Bush & Reagan)
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To: Chickensoup; Impy

No, I’d say it was our troglodytic state court who sent an Americanized child to a hostile, foreign, alien culture. Absolutely criminal. And, btw, this is the same evil court that ruled the brutal rape and murder of an elderly woman wasn’t heinous enough to warrant the death penalty.


23 posted on 12/01/2008 7:18:22 PM PST by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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To: fieldmarshaldj

No, I’d say it was our troglodytic state court who sent an Americanized child to a hostile, foreign, alien culture. Absolutely criminal. And, btw, this is the same evil court that ruled the brutal rape and murder of an elderly woman wasn’t heinous enough to warrant the death penalty

Parental rights are foundational. One may not like the outcome but they are the bottomline.


24 posted on 12/01/2008 7:21:57 PM PST by Chickensoup (we owe HUSSEIN & Democrats the exact kind respect & loyalty that they showed us, Bush & Reagan)
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To: Chickensoup; Impy

Nice try. That only applies in civilized nations, and certainly not where it causes enormous and crippling damage to the child in question. Doesn’t matter how she got here, it only mattered her current situation and what was best for the child and her rights. If she was an infant, long before she had time to be culturally acclimated, you may have an argument, but not here.

That was a judicial fiat abduction of an American child to an alien, hostile nation, for which she has no connection except genetics, a profound and cruel punishment for a child that only knows this country (and my state), one who is wholly Americanized. This was even a more obscene violation of rights than the Elian Gonzales example as I cited, which saw an extralegal & violent repatriation of a child to a terrorist dictator (since at least Elian was raised in that country and was not wholly alien).


25 posted on 12/01/2008 8:03:25 PM PST by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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To: fieldmarshaldj

Nice try. That only applies in civilized nations, and certainly not where it causes enormous and crippling damage to the child in question. Doesn’t matter how she got here, it only mattered her current situation and what was best for the child and her rights. If she was an infant, long before she had time to be culturally acclimated, you may have an argument, but not here.

That was a judicial fiat abduction of an American child to an alien, hostile nation, for which she has no connection except genetics, a profound and cruel punishment for a child that only knows this country (and my state), one who is wholly Americanized. This was even a more obscene violation of rights than the Elian Gonzales example as I cited, which saw an extralegal & violent repatriation of a child to a terrorist dictator (since at least Elian was raised in that country and was not wholly alien).

Hey guy. Lots of American kids get sent back to terrible parents every day. Look at our family court system.

I feel sorry for the child. but it still was a stupid thing for the foster family to do. They never had a legal leg to stand on and they did the baby a diservice by not returning it immediately when the birthparents requested the child back. This is not an issue of being civilized. This is an issue of case law.

Parents get their kids unless there is a compellling reason why THEY should not have the kid. Not whether there is a compelling reason why the kid should stay where it is.


26 posted on 12/01/2008 8:34:44 PM PST by Chickensoup (we owe HUSSEIN & Democrats the exact kind respect & loyalty that they showed us, Bush & Reagan)
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To: Impy

Tell it to freeper “Chickensoup” (for the marxist soul?). S/he sides with the court.

Parents have rights to their children. Unless there is reason of unfitness to terminate these rights or unless the birthparents terminate them of their own free will, no court will step between the bond of parent and child.

This is the Opposite of Marxism where the government makes all the decisions. I did not realize that Freepers would be happy to role over years and years of case and common law and jepordize their own claims on their children.


27 posted on 12/01/2008 8:38:34 PM PST by Chickensoup (we owe HUSSEIN & Democrats the exact kind respect & loyalty that they showed us, Bush & Reagan)
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To: GrumpyDAV

You are abslolutly right, there was no forfiture of rights. I suspect that like many of these terrible and sad cases, the foster parents had an scummy attorney who said, We can outwait them and fight them and eventulaly they will pack it in and go back to China without their daughter.

One of the good things about this is that no one can take anyone else’s child away. Think about that. If you are poor, no one has the right to take your child away. the courts will defend your right to your child. This is a very prolife and pro family law.


28 posted on 12/01/2008 8:42:06 PM PST by Chickensoup (we owe HUSSEIN & Democrats the exact kind respect & loyalty that they showed us, Bush & Reagan)
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To: Chickensoup
Sad situation.
This poor child and her parents, were put through hell, and still suffer serious repercussions.

Any chance that the people popularly deemed “the foster parents” will serve any jail time for their actions?

29 posted on 12/01/2008 9:09:32 PM PST by sarasmom (Buyers Remorse Date : Place your bets ladies and gentlemen.)
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To: sarasmom

Any chance that the people popularly deemed “the foster parents” will serve any jail time for their actions?

I would guess that this was all civil court action and not something that would be addressed by the criminal system. Although I would imagine that the bio parents, now that they have won the case, could sue the foster parents for their behavior.


30 posted on 12/01/2008 9:15:33 PM PST by Chickensoup (we owe HUSSEIN & Democrats the exact kind respect & loyalty that they showed us, Bush & Reagan)
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To: Chickensoup
"Hey guy. Lots of American kids get sent back to terrible parents every day. Look at our family court system."

Of course. But they're not Shanghaied out of the country.

"I feel sorry for the child. but it still was a stupid thing for the foster family to do. They never had a legal leg to stand on and they did the baby a diservice by not returning it immediately when the birthparents requested the child back. This is not an issue of being civilized. This is an issue of case law."

Most kind you care for the child. It's in an alien country absolutely foreign to her upbringing. HER rights were totally trashed in an effort to "right" a wrong of long ago. Two evils do not make an appropriate redress. She did not deserve to be victimized in such a heinous manner. If her birth parents cared about her, they'd wish her to remain in her home. Certainly arrangements could've been made and facilitated by the courts for their immigration to this country so they could be united HERE.

"Parents get their kids unless there is a compellling reason why THEY should not have the kid. Not whether there is a compelling reason why the kid should stay where it is."

There was a compelling reason. She was a complete alien to the culture for which they were seeking to return her to, for which her rights aren't recognized. As I said, there's a big difference between an infant vs. a child old enough to be caused enormous damage by such an unconscionable repatriation.

31 posted on 12/01/2008 9:24:08 PM PST by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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To: Chickensoup

And where does the girl go for redress ?


32 posted on 12/01/2008 9:25:50 PM PST by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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To: fieldmarshaldj

Perhaps she will pursue criminal and/or civil charges as an adult, against the people who tried to kidnap her from her parents, and destroyed her life?


33 posted on 12/01/2008 9:38:50 PM PST by sarasmom (Buyers Remorse Date : Place your bets ladies and gentlemen.)
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To: fieldmarshaldj
What about all those US-born children whose illegal immigrant parents are deported? What about them? Longterm foster care for all?
34 posted on 12/01/2008 9:39:39 PM PST by Fishing-guy
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To: sarasmom

The only folks who destroyed her life, willfully, are the courts and her birthparents keeping her in an alien country. Does it excuse the foster parents ? No. But they Americanized her, and you don’t just send off a child to an alien culture as a result. If her birth parents cared about her well-being, they’d have her sent back to our country. Unpleasant, yes, but it’s not about them, it’s about her.


35 posted on 12/01/2008 9:44:23 PM PST by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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To: Fishing-guy

An appalling issue, too. Depends upon the age. I’m basically in favor of deportation in nearly all instances, but a child that has already been thoroughly Americanized, it’s highly difficult to then send them off to the parents’ home country when they are absolutely alien to it. I’d probably set the bar at about the age of 5.


36 posted on 12/01/2008 9:47:00 PM PST by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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To: fieldmarshaldj
Just guessing, but it appears you are unable to let the actual facts of this case sway your considered opinion on this matter.

You have that right.

That your stated opinion appears to be based on missguided, ignorant, erroneous emotional knee jerk reactions to a real situation...

I have the right to deem your “opinion” as useless and willfully ignorant.

37 posted on 12/01/2008 10:23:13 PM PST by sarasmom (Buyers Remorse Date : Place your bets ladies and gentlemen.)
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To: sarasmom; Impy

Facts of the case: American child ordered (by the same state court that ruled rape and murder of an elderly woman not heinous enough to warrant the death penalty) returned to Communist totalitarian country for which she has no rights, no knowledge of the language, no familiarization of the culture, to biological parents that she doesn’t know (and whom apparently could care less about her fate beyond having her living in a backwards, alien sewer). A crass and obscene miscarriage of justice and cruel abuse of a child and her rights.

Nope, I’ve got it quite clearly. I’m very shocked some FReepers have no problem with a child being sent to a gulag, no questions asked. Exactly the same with Elian. Perhaps they should have their children similarly seized from them, because they certainly aren’t fit to raise them with that kind of shocking lack of judgment, sanity, and conscience, madam.


38 posted on 12/01/2008 10:59:05 PM PST by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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To: Impy; fieldmarshaldj

Did you read the article? If it states the facts correctly (it is MSNBC, after all), the Bakers SOUGHT to adopt, but never adopted Anna. She was a foster child; the natural parents signed over custody to get health insurance for her, but never allowed an adoption.

While the natural parents may not have offered the best option for Anna’s life, the Bakers battling through the courts for seven years, further acclimating her to America, its culture and language, was not in Anna’s best interest.

These are always gut-wrenching cases, but absent a legal adoption, I don’t know how the courts could have ruled otherwise.


39 posted on 12/01/2008 11:34:50 PM PST by EDINVA
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To: EDINVA

Sorry, but I’m concerning myself with the child here. If this were the case of an infant or toddler, it would be different, but not in this instance. To say the child’s best interests were not served by keeping her in the U.S. vs. China is, well, patently absurd. I have contempt for our wonderful state court here, as usual, and similar disgust for the natural parents that would not want their child living in the BEST possible place for her at this juncture even if that meant being apart (ever hear of sacrificing for your kid ? It is, again, amazing what people will justify in the name of “parental rights” if that means moving a child from a safe, nurturing, familiar or privileged environment to an alien or unsafe one. Any parent that would put THEIR selfish desires ahead of their children do not deserve to be parents).

Did the court even ASK her what she wanted or preferred ? The only logical and humane decision the court could’ve made was to allow her to stay here and arrange for the immigration of the parents here. If they refused that, or cited, say, language and cultural issues for not doing so, well, welcome to that poor little girl’s world now.


40 posted on 12/01/2008 11:47:41 PM PST by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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To: fieldmarshaldj

The court would have had a helluva time asking a 2 year old what she wanted, don’t you think ?

Ok, so you want what’s best for the child? Let’s see how this little scenario plays: Say you have a child, but you’re a redneck living in a cabin in some remote area. You are really struggling. You’re not well educated. Your prospects are not good. In fact, they’re downright bleak. You’ve been accused of a crime you didn’t commit, too. So you put your child in foster care and she was sent to me for a year.

I am an Ivy-educated Boston Brahmin. I am rich and powerful. I have a loving wife and children, beautiful home, too. I want your to keep your child when you want to claim her after the year is up. And I have the resources to tie you up in the court for years, trying to get her back.

Well, certainly I can provide better for your child than you can! So the courts should turn your child over to me. After all, the opportunities I can provide are what’s best for your child. You wouldn’t mind making that sacrifice, right?


41 posted on 12/02/2008 12:09:02 AM PST by EDINVA
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To: Oyarsa

I remember this story from a while back. The girl’s biological parents essentially abandoned her to the American family who raised her, then showed up again wanting her back.

Now they’ve abandoned her again in China to a “boarding school.”

They never bonded with this kid. They never wanted her. Put her back on a plane to her home in America where she has a family who loves her.


42 posted on 12/02/2008 12:09:06 AM PST by Canticle_of_Deborah
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To: EDINVA

I’d prefer that court said “screw it” and just did what was right.


43 posted on 12/02/2008 4:24:30 AM PST by Impy (RED=COMMUNIST, NOT REPUBLICAN)
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To: Chickensoup

Really I could give a piss about the “law” in this case, when the “law” results in something awful happening to a poor little girl it is wrong.

Each case is different.


44 posted on 12/02/2008 4:27:44 AM PST by Impy (RED=COMMUNIST, NOT REPUBLICAN)
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To: Oyarsa

I’m in Shanghai. If we could locate this girl, we would appeal for permission to keep her in our home. We have Chinese students living with us. Our own children are bilingual. We could at least help this gal to adjust.


45 posted on 12/02/2008 4:36:14 AM PST by John Leland 1789
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To: sarasmom

Her parents cast her off.

And now again in China, they love her so much they send her off to boarding school. She might as well be in America then as far as they’re concerned.


46 posted on 12/02/2008 4:38:57 AM PST by Impy (RED=COMMUNIST, NOT REPUBLICAN)
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To: Impy

Really I could give a piss about the “law” in this case, when the “law” results in something awful happening to a poor little girl it is wrong.

that’s what the dims say. The law doesnt matter. We do what FEEELs right. Of course it is my feeling right that counts, not yours.

So if I feeeel I am a better mother than you, why dont I just petition the court to take your children. Why not?


47 posted on 12/02/2008 7:36:39 AM PST by Chickensoup (we owe HUSSEIN & Democrats the exact kind respect & loyalty that they showed us, Bush & Reagan)
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To: fieldmarshaldj

Through a lawsuit against the foster parents the child will obtain redress through her bio parents. What the fosters did was a terrible thing to her. They got their needs met at her expense and the expense of her family. What bullies.


48 posted on 12/02/2008 7:42:39 AM PST by Chickensoup (we owe HUSSEIN & Democrats the exact kind respect & loyalty that they showed us, Bush & Reagan)
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To: fieldmarshaldj

But they’re not Shanghaied out of the country.

She went to the country of her parents. She was not shanghied out of the country she went home to her cultural and parental homeland.

“I feel sorry for the child. but it still was a stupid thing for the foster family to do. They never had a legal leg to stand on and they did the baby a diservice by not returning it immediately when the birthparents requested the child back. This is not an issue of being civilized. This is an issue of case law.”

Most kind you care for the child. It’s in an alien country absolutely foreign to her upbringing. HER rights were totally trashed in an effort to “right” a wrong of long ago.

Tousands of children arrive on this shore every day from exotic places and are expected to cope.

Two evils do not make an appropriate redress. She did not deserve to be victimized in such a heinous manner. If her birth parents cared about her, they’d wish her to remain in her home. Certainly arrangements could’ve been made and facilitated by the courts for their immigration to this country so they could be united HERE.

YOu are right, the fosters victimized her and thought that they would win. But they didnt and she got burned. It is easy to say that she should have had a middle class American life, but that is not what her parents WANTED for her and they are the are the determiners of her life, just as I determine my own childrens’ lives. We do not have the right to good parents, as hard and gut wrenching as that may be.

“Parents get their kids unless there is a compellling reason why THEY should not have the kid. Not whether there is a compelling reason why the kid should stay where it is.”

There was a compelling reason. She was a complete alien to the culture for which they were seeking to return her to, for which her rights aren’t recognized. As I said, there’s a big difference between an infant vs. a child old enough to be caused enormous damage by such an unconscionable repatriation.

AS I said earlier, children are repatriated all over the world. Happens all the time. Several are my acquaintences and friends came to the states between 5 and 18.

There is nothing that can be done about the law or the little girls predictament. Perhaps freepers here can start a fund to help with her college expenses when she is of age. People are hurt all the time when the law is enforced. Little kids lose their parents to prisons and deportation. Fact of life. Our work is to help the hurting. So what can you directly do about this particular girl that is on your heart?
Start a fund?
Write to her?
Go to China and visit here?

Or are you just having an emtional moment and getting your needs met?


49 posted on 12/02/2008 7:55:16 AM PST by Chickensoup (we owe HUSSEIN & Democrats the exact kind respect & loyalty that they showed us, Bush & Reagan)
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To: Chickensoup

I’m a man so I hope you’re a better mother than me. ;)

When the law is not just it is my enemy.


50 posted on 12/02/2008 9:15:01 AM PST by Impy (RED=COMMUNIST, NOT REPUBLICAN)
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