Friday, July 3, 2015

Our Own Little Miracle...Chloe's First Court Date

     As you all probably know, adoption in Kenya has become absolutely nuts.  The government of Kenya, under the leadership of Uhuru Kenyatta, has basically SHUT DOWN international adoption...and even residential adoption if that resident is not Kenyan.  There are many families stuck in limbo with a child they love and no way to move forward.  I know of one family - I don't know them personally, but friends of mine here in Kitale do - who had a FINALIZED adoption.  FINALIZED.  They had started their adoption process before the moratorium, but all their court dates took place after the moratorium was already in place; the judges were continuing to push through adoptions that had already begun.  Because the court dates were after the fact, Canada (their home country) is requiring extra documentation to verify the legality of their adoption, but the Children's Department has been ordered by the Secretary of the Cabinet to cease writing or signing any documents.  Long story short, that means this family is stuck in Kenya for the foreseeable future.  The father had paternity leave time, which he used to stay in Kenya for the mandatory time-period before the adoption was final.  His leave is now up, but they can't get a passport for their son because of the red-tape.  He ended up having to go home to Canada without his wife and son.  He is now in the process of selling their home so that they will have money to live on here in Kenya until things are worked out.  Meanwhile, the wife has been in Kenya on a visitor's VISA for a year.  Kenya doesn't like to keep granting extensions, so she doesn't know what will happen when that runs out.

    Needless to say, the situation here is a mess.  My own friends are just waiting for their final court date, but they need a piece of paper from the Children's Department...which of course is under order not to write it.  They do have a judge who is willing to look at their case even without that piece of paper.  The difficult part is, all these things the government is doing aren't even legal....  The international community is beginning to stand up and take notice.  A group of ambassadors from several different countries are filing complaints at the Hague (like Kenya cares anything about the Hague) and the US embassy is even asking for e-mails from US citizens who are caught up in all this so they can put some pressure on the government.  But...nothing is going to change over-night.

     So...as you most likely know, we have filed for guardianship of Chloe.  Guardianship is one step removed from adoption.  We would be considered Chloe's legal parents, and she would even have our last name.  

     Our first court date was June 24th (Roger's mother's birthday <3) .  Our lawyer lives and works in Nairobi, so she basically sub-contracted with another lawyer here in Kitale and is working closely with him to represent us.  Children's court in Kitale is probably like nothing you can imagine.  We met Kiarie (Kee-ar'-ee) at the court building where he informed us that there was a clause on the paperwork for our care agreement with the Children's home that said on June 24th, the director of the children's home would provide the court with an update on the health and well-being of the child.  We didn't even know that clause was there...neither did the director of the children's home.  Kiarie was working on a solution to that problem when a familiar face walked into the court.  Sally is the social worker that works with Jedidah (the director of Mercy Rescue Trust where Chloe comes from).  We greeted one another and as we did, Sally told me she was waiting for Jedidah because they had five children to commit to the children's home that day.  Hmmm.  

     Meanwhile, we waited and waited...and waited...and waited...and waited for Kiarie to get some things together and also for the judge to arrive and start hearing all the cases on her docket for the day.  Kiarie finally came to get us, and we went upstairs to a very narrow hallway (with no seating) and stood there with about 20 other people.    Minutes after going upstairs to wait, Jedidah came in with several babies.  We stood there and chatted for a view minutes while Roger walked Chloe around the far end of the hallway. Jedidah was called into the judges room, and I took Chloe, who promptly fell asleep, so I sat with her on the top step of a staircase and leaned against the wall.  

     About 15 minutes later, Kiarie stuck his head out the door of the judge's room and called for us to come in. There were already about 15 people in the judge's room waiting for their cases to be heard.  The room was not very big, and in the center was a large table around which sat the judge (at the head) and various lawyers and children's officers - 3 on each side.  There wasn't much space for any other chairs in the room, so along two of its dirty and paint-peeled walls was a crude bench with no back.  A guard motioned me to squeeze past several people and to sit next to Jedidah.  He, of course, had no idea we knew each other.  I could barely hear anything going on...in Kenya, when people speak professionally, they speak very, very quietly.  I don't even know how they can hear one another.  But Jedidah's case was called, the children's histories were given, and the judge promptly committed them to Mercy Rescue Trust.  As Jedidah was getting up to leave, our case was called.  The judge looked at our care agreement and asked for the report on Chloe's well-being.  The children's officer working with Jedidah knew us and our relationship with Jedidah, so she informed the judge that the director of the children's home was present and could give an oral report regarding Chloe's welfare.  Jedidah stood up, gave the report, and then left.  The judge accepted the oral report and issued us our second court date.

     It was unbelievable.  Neither we nor Jedidah knew that we would need to have Jedidah there in the courtroom with us that day.  But God did.  Jedidah doesn't always have children' to commit...they wait until they have at least five and then do them all together.  That could have happened the week before or the week after.  But God knew we needed her there that specific day.  He answered a prayer we didn't even know we needed to pray.  Isn't that just like him!  Without Jedidah there that day, our case would have been delayed.  But, it wasn't.  

     Our next and final court date is July 22nd.  On that day, Kiarie will actually present before the judge the case as to why we should be granted permanent guardianship of this precious girl.  Please pray for this process.  It's not a fore-gone conclusion that we will be granted this.  Kiarie told us to pray for a female judge.  The female judges, he told us, really care about the children and want to do what is best for them.  The male judges, well, Kiarie said, there's just something wrong with men when it comes to this kind of thing.  He said it...not me!  :-)  Well, maybe it's true in Kenya.  I don't know; but, I'm sure he has reasons for saying it.

     So, that's where we stand with the Chloe situation.  Thank you for your prayers!  God is good...no matter what.  He has a plan for us and for Chloe.  Our desire is that  his plan includes having those two plans coincide, of course.  I'll let you know how it goes...

1 comment:

  1. Hey Julie and Roger it's Rick and Charlene Austin How are you? Been trying to find you!!!

    You are such wonderful people, so glad you made an impression on my heart!
    Keep the love helping people!

    ReplyDelete