Monday, June 25, 2012

Our Day in Court

I need to write this down so that I have all of the details.  Someday Asa will likely want to know what "went down" and I know I will forget important details if they are not recorded.

This was the last full day of our trip and we wanted as much time with the kids as possible.  We spent the morning at the orphanage playing with the kids.  After the nannies came to take the kids to lunch, we changed clothes into our "business casual" clothes for court.  Then we went to our usual little restaurant for lunch.  Another mom and I shared Guru Lagman (dry lagman with rice rather than noodles).  We had Fanta to drink and the bread was fresh and warm.  Lunch that day, along with the other days, cost us about $3 each.

Our court hearing was scheduled for 2 pm.  We arrived at the court building at about 1:50.  I would say "court house" if I were talking about a larger more substantial building, but this place was very small and a seemingly inconsequential structure tucked away at the end of an alley.  We stood outside near our driver's car waiting for our agency representative.  The judge stood outside of the building smoking cigarettes with some other men.  I know he saw us arrive.  At about 2:02 pm our agency coordinator pulled up.  In the car with her were the official court appointed translator and the head of the ministry overseeing adoptions.  In a car not far behind was the court social worker, whom we had met on our first trip. 

Once our agency representative arrived, we all filed into the very small building.  The hallways were very narrow, only one person wide and the floor was covered with cheap, poorly installed wood laminate flooring.   The walls were the usual post Soviet era grungy white and looked like they would crumble if a person bumped too hard into one of them.  Occasionally a hallway or room would be painted a bright robin's egg blue, but infused into the blue was the grunginess that just pervades the whole country. 

We waited outside the judge's office.  Our coordinator started briefing us on what we needed to say to the judge.  It was very frustrating as we had asked her several times what we needed to do to be prepared for court and she kept brushing us off.  But now, 5 minutes before court, she was giving us the outline to a speech we were supposed to give!  She tried to reassure us that our translator would coach us along and make sure we did not forget any details.  Very reassuring.  Not really. 

We also were told that we would appear before the judge one at a time.  We pretty much assumed that, but had decided amongst our group that pretty much no scenario would surprise us.  Our interviews were supposed to be individual and it turned out to be a group interview.

At about 2:15 the judge called all of us into his office.  We were expecting this to at least take place in a court room.  Nope.  We were all seated in his office.  Present in the office were the four of us, our court appointed translator, the orphanage director, the social worker, the ministry official, the prosecutor, a secretary, and the judge.

The judge opened the proceedings by asking our agency representative to come into the room.  We were told that she was not allowed to be in during the hearing.  We were relieved to have her and relieved when she began translating for us.  The "official court appointed" translator looked like she was about 15 years old and we were not very impressed with her English during our wait in the hallway.

The judge asked, rhetorically, "You have all been to court before and you understand how to behave?" He pulled his files one by one and took roll and each mother stood up as he read our family names.  He explained that even though we were all together, each case was being heard individually. He seemed pleased and turned things over to the prosecutor.

She called my name first.  I stood and began the speech we were told to give.  I said something along the lines of, "We would like to respectfully ask the court to allow us to adopt K. Vladislav and that his name be legally changed to Asa James Vladik Kahler and we promise to register him according to the law and to love him forever."

At this point the prosecutor began asking questions.  Why do you want to adopt this child when you already have so many other children?  How did you learn of his health needs and do you know how to treat his health problems?  What is your husband's salary?  Is this enough to support your family?  She seemed satisfied and I was told to sit down.  The judge had one more question though, he asked, "Your husband is in favor of this adoption?" I nodded my head and said, "Yes." And with a slight smile, the judge asked, "Are you sure?!" Everyone in the room laughed and I reassured him again, "Yes, he is in favor."

The orphanage director then stood to give her report and recommendation.  Since there were four of us and our translator was not seated near any of us, I have no idea what the director was saying.  I suppose it was good and supportive as no one questioned her further.  The judge then asked the social worker if he had any comments and he shook his head no.  The ministry official also declined making any comments.  At this point, my "hearing" was over and the judge moved on to the next file/mother.

Each of us answered questions, not any of us had the exact same questions.  It seemed that there was a list of requesite questions and between the four of us, all of the questions were covered.

Funny things that we observed during "court."  The judge made at least two phones calls while the prosecutor was asking questions.  And he took some sort of medication that involved pulling the meds from his desk, taking his scissors out, cutting the pills out of the packaging and then taking the pills.  He also spent a good deal of time looking out the window and at the clock.  And the orphanage director's cell phone kept buzzing in her purse right next to me.  I was hoping and praying that no one thought it was my phone!

At the end of  the individual hearings, the director once again stood up and seemed to give a closing statement.  We heard her mention each family and each child, so it must have been her recommendation for each of us.  The social worker then stood to give some sort of report.  And the ministry official then spoke.  After they finished, the prosecutor read a statement of some sort.  I looked at our agency representative and she smiled and nodded and mouthed, "It is good.  All good." 

And then it seemed, out of nowhere, everyone stood up, and our agency representative said, "Okay, it is finished.  It is all good."  And we followed her out of the room.

No offical pronouncement, no gavel banging, no final speech by the judge. Just, "Okay, it is finished.  It is all good."  The whole thing took less than 45 minutes from start to finish.  Four children went from parentless orphans to sons and daughter.  Just like that.

As we filed out, the orphanage director hugged and kissed each of us and congratulated us.  The social worker also extended his congratulations along with the ministry official.  Outside the building, our driver Rustan was also very happy for us.  And we all went hog wild and called our husbands and family members even though it meant paying the international rates on the cell phones we had purchased in country!

We then headed to the orphanage to have one last visit with the kids.  Oh it was a doozy.  It is funny, at one point, one mom asked, "Do you think they know?"  Oh those kids were whiny, not listening, and testing us!  Even Asa who is very compliant and go with the flow, refused to do many things that I asked him to do.  We all decided that we needed to have a short visit as the kids were obviously at the end of their ropes and we were all spent emotionally. 

Our agency representative translated for us and explained to the kids that their mamas will go home now but that we would be back in 30 days.  Asa turned and handed me his airplane and gave me a hug.  He understood that I was leaving and that I was coming back.  I don't know that he understands what 30 days really means.  I don't think he would have handed me his airplane if he didn't think I was coming back.  This goodbye definitely went better than the goodbye at the end of trip one.  Hard, but better.

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