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News (Media Awareness Project) - CN AB: Calgary Mom Lisa Kirkman Vows to Beat Oregon Foster Care Bill
Title:CN AB: Calgary Mom Lisa Kirkman Vows to Beat Oregon Foster Care Bill
Published On:2010-09-14
Source:Calgary Herald (CN AB)
Fetched On:2010-09-15 03:01:18
CALGARY MOM LISA KIRKMAN VOWS TO BEAT OREGON FOSTER CARE BILL

Lawyer Will Seek Dismissal Today

The lawyer for a Calgary mom being sued by Oregon state for the foster
care costs of a son she fought to have released from its custody says
he's optimistic a Calgary court will side in her favour.

A notice of motion is being brought forward by the state in Calgary
provincial court today under the Interjurisdictional Support Orders
Act. Daniel Mol, Lisa Kirkman's lawyer, noted the state and province
have reciprocity -- an agreement where actions such as this can be
represented in court in either jurisdiction.

Mol explained a judge will hear the application and then make a
decision on whether Kirkman will have to pay up.

"If the judge allows the application, Lisa will have a big bill, but
I'm confident that won't be the case," said Mol.

Kirkman is being sued for $7,500 in medical costs as well as
retroactive child support pay after her son was apprehended by Oregon
social workers while visiting the state in 2008. After two years,
Kirkman's now 12-year-old boy was returned to her in June.

In turn, Mol filed a cross application against the State of Oregon
asking to have its action dismissed.

Kirkman's lawyer doesn't know which judge will preside over the case
and doesn't know who will be representing Oregon.

Oregon Department of Justice's Tony Green, director of communications
and policy, was tight-lipped about the court action. He said the
department doesn't talk about litigation, especially when a juvenile
is involved.

"The only way to follow things is through court documents," he
said.

If the judge rules in favour of Kirkman, Mol said they'll ask for
legal fees and court costs to be paid.

Oregon has a policy allowing it to collect money from a parent if a
child is in foster care. No one from the Oregon Department of Human
Services, which deals with child-protective programs, could be reached
for comment.

Kirkman's ordeal began when her son was in the United States to visit
his stepfather in the summer of 2008.

Police seized the then 10-year-old when they found him riding a
bicycle without a helmet and put him into foster care. They didn't
consider Kirkman's husband of 10 years to be the boy's legal guardian,
although the man had helped raise him.

The mother said she had little help from the Canadian government in
getting her son back. Her next step is to bring legal action against
the federal government to hold it accountable, as well as the state of
Oregon, "so I can make sure this doesn't happen to any other Canadian
family," said Kirkman.

"My son has settled in extremely well," said Kirkman. "Finally, the
fight is over for him, but it's not over for me."
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