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| Henderson,Levi Emile April 2,1998; Oklahoma,Manitoba Canada | |
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| Tweet Topic Started: Oct 19 2008, 08:41 PM (218 Views) | |
| oldies4mari2004 | Oct 19 2008, 08:41 PM Post #1 |
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Levi Emile Henderson Born April 1, 1998 Happy Birthday Levi by glenna henderson It has been one year since you came into my life. It has been one year since I held you in my arms. It has been one year since I kissed your little face, the back of your neck, your little hand. It has been one year since I told you I loved you. It has been one year since I heard your little cry. It has been one year since I kissed your little toes, your back and your little nose. It has been one year since I heard your breath. It has been one year since I held you on my chest. It has been one year since I kissed your eyes, your elbows and your chin. It has been one year since I saw you pee all over the bassinet. [We’ll work on that aim baby ;'-) ] It has been one year since I thought I said good-bye. But with every breath and every thought you have been my main concern. You, my son, my gift from God, have showed me there was unconditional love. In that love I know my prayers will be answered. Happy Birthday, And I love you Levi, Mom. THE STORY This baby boy is only seven months old. Yet his life has already touched hundreds because of the circumstances since his birth. He has been separated from his natural parents and family. He may lose his heritage and may never know that Canada is the country where his people live. The separation began when baby Levi was Twenty-four hours old. His mother, with a breaking heart, was taken from the hospital to the courtroom. She had had very little sleep because she felt so alone and frightened. To make matters worse, she was facing a contract where she had promised to give him to an adoption agency. Glenna had told no one, except the father, of the impending birth. Shortly after, the expecting mother left her Native Canada for Oklahoma City, Oklahoma, U.S.A. to attend college. The changes in Glenna's body had gone unnoticed. She had taken care of herself throughout her pregnancy. Then on January 26, 1998, she had a meeting with an adoption attorney named Rebecca Boren. Glenna had called her after seeing an advertisement in a weekly newspaper. The ad offered her a couple wishing to adopt, with all medical, legal, and housing expenses paid if necessary. Glenna was not familiar with the adoption laws of Oklahoma City or how drastically it differed from Manitoba adoption laws. This pivotal point was never explained to Glenna by the adoption attorney, by the attorney hired for her or even by her counselor. The reality that the little boy inside her was her baby never occurred to Glenna. Only after he was born and in her arms, did every little detail, and awe, a newborn brings, hit her in those few short hours they shared. She experienced a new kind of love, unconditional love for him. Twenty-six hours after her little boy was born, Glenna was led to a judge's chambers to sign a consent to his adoption. She was very upset and still alone. Everyone involved with the process were friends of the pre-adoptive mother, Susan. The legal assistants, Glenna's counselor, the attorney hired by the adoption agency to represent Glenna and the people in the courtroom all were personally involved with Susan. Glenna did not know that all these people knew Susan because her deceased husband, Charles, had once been a judge in the Oklahoma City Courthouse. After signing the consent, Glenna was left with only her wonderful memories, of her perfect little boy, and the bonnet he had worn in the hospital. Glenna did nothing but cry and sleep all that next week. She then drove the twenty hours to Winnipeg, Manitoba to be with her family. She could no longer hold the secret that now plagued her night and day since she had left her son at the hospital. Glenna felt she would die if she could not see her baby again. She wanted to hold, love and nourish her baby with everything she had to offer. Once at home, surrounded again by the love of friends and family, she began to realize more and more that this would be the perfect life to offer any child. She had lost sight of the unconditional love that these people have for her because of all the anxiety, turmoil, and guilt she had felt while pregnant. The instant reaction from her sister and mother was the encouragement she had needed all along. She had gone to her mother, Delphine, begging her for forgiveness for having had a baby. Her mother's reply was, "People have babies all the time. There is nothing wrong with that." Delphine then asked where her grandson was. When Glenna told her of the pending adoption and the irrevocable consent that had been signed, her mother fainted. The only certainty this family knew was that they must get him back. Glenna went to her home community, the Sagkeeng First Nation, looking for assistance. Her chief, Jerry Fontaine, immediately committed the band's assistance. A lawyer was retained and the legal battle began. Glenna has never stopped her fight to regain her son who was taken from her. She has contacted hundreds of people, every level of Government, and many agencies asking for help. The denial of Glenna having any contact or pictures of her son has shown the complete lack of compassion from the adoption agency. Along with the emotional struggles, the legalities of overturning the pending adoption are astronomical. The financial burdens from the travel expenses between the two countries, the phone bills, and the legal fees have surpassed $80,000.00. The amount owing in legal fees alone is $50,000.00. And the court battle is far from over. The Manitoba First Nation's Repatriation Program has supported the opening of a charitable donations account. There are fund-raising events planned and support has been positive across the board. The story surrounding the adoption of this child is unbelievable. This page was placed here so that you could read the details of the events surrounding this adoption. Hopefully, you will have a clear picture of the struggle surrounding this separation and the fight to BRING BABY LEVI HOME. IF YOU OR ANY ORGANIZATION WOULD LIKE TO DONATE TO THIS CAUSE CALL THE MANITOBA FIRST NATIONS REPATRIATION PROGRAM AT: 1-800-665-5762 OR IN WINNIPEG 957-0037 AND ASK FOR SHIRLENE OR EVA. http://www.members.tripod.com/BabyLevi/ http://www.members.tripod.com/BabyLevi/courtdates.htm Court Dates Oklahoma May 11, 1998 Dena Silliman filed a motion to contest application to proceed with the adoption without the natural father’s consent. We won a ruling that Walter was not served properly with court documents and for jurisdiction matters he had to be served in Canada. May 28, 1998 Dena’s Motion to dismiss Application to proceed with the adoption without Walter’s consent was too be heard. Incoming David Henry to represent Glenna Henderson and withdrawals Application filed against Walter’s rights. The motion filed by Dena is moot. The adoption attorneys (herein known as the Boren’s) claim to have filed the same application by the adoptive mother but do not produce the document. The judge allows them to reschedule the hearing for June 15. Walter is to be served with the papers in Canada. David Henry also files an objection to the adoption and revocation of consent due to fraud and duress. It is stated clearly that we will not be heard until Walter’s case has been dealt with. Winnipeg Jeffrey Harris (Canadian Lawyer until this day) petitions Madame Justice Guertin-Riley for an order placing Baby Boy Henderson under the Manitoba Child and Family Services Act. The order is granted and states: 1) That the Child and Family Service Act R.S.M 1987, c.80 applies to adoption proceedings regarding Baby Boy Henderson born April 1, 1998 in Oklahoma City, Oklahoma; 2) a) The Consent Glenna Henderson given on or about April 2, 1998, in the District Court of Oklahoma County, in the state of Oklahoma, to the adoption of Baby Boy Henderson is invalid and of no force and effect. Interim custody of Baby Boy Henderson is hereby granted to Glenna Henderson; c) All efforts be made to find the said Baby Boy Henderson and have him delivered to Glenna Henderson in the City of Winnipeg, in the Province of Manitoba, Canada, forthwith; d) The adoption file of Baby Boy Henderson be opened solely for the purpose of enabling the Applicants to learn the identity of the Adoptive Mother, if necessary; Oklahoma June 15, 1998 Arguments heard for motion to dismiss due to lack of Jurisdiction over Walter and his child. Submits Manitoba Order asking for comity with the foreign court. And motion to dismiss because of Oklahoma’s Choice of law provision (i.e. If Oklahoma has Jurisdiction the Law states that the state of residence of the mother and/or domicile should be applied (Manitoba) July 8, 1998 Motion to dismiss denied on all counts by Judge Carol Ann Hubbard. Guardian ad litem appointed by the court for Baby Boy Henderson. Choice of Law Provision denied. Comity not Granted. Move made for trial date on the merits of Walter Choken and his rights to his son. Trial set to begin August 14, pre-trial August 11. August 11, 1998 Pre-Trial, David Henry raises question to Judge Hubbard as to whether or not the adoptive mother is in fact the deceased Judge Kelley’s wife. Judge Hubbard let’s Robert Boren answer the question which is "There are no documents that the judge has that would reveal the identity of the adoptive mother." We had no legal documents to prove that it was Mrs. Kelley and the Judge said "Even if you did (have the documentation to prove it) what do you think it would get you?" August 14, 1998 The trial begins. Not before the families are asked to leave the courtroom. The adoption attorney’s will not allow anyone but those testifying to even be in court while the trial is on. My mother faints at this time. Ambulance were called and the trial was rescheduled for the afternoon. Walter is on the stand for three hours. The trial cannot be completed so it is rescheduled to finish on September 4. Winnipeg August 28, 1998 Harvey Pollack Lawyer for Glenna and Walter gives notice to the adoptive mother, through her attorneys, That a final order of custody is being applied for to The Court of Queen’s Bench in Manitoba. Hearing date is set for September 1. Oklahoma August 31, 1998 Robert Boren and Mike Cantrell file an emergency order regarding custody (done only in extreme cases) for the adoptive mother citing; Click here to view the document Page 1 Page 2 Page 3 Winnipeg September 1, 1998 Hearing before Justice Guertin-Riley to finalize Interim Order from May. The adoptive mother fails to appear in Manitoba court in person or through an attorney. The order is made Final giving custody to Glenna Henderson. Oklahoma September 2, 1998 Motion filed by Dena Silliman and David Henry at the Supreme Court of Oklahoma, to give grant a stay in the Walter’s trial so they may hear the appeal on granting comity to a foreign order. September 3, 1998 The stay was denied but a hearing was set for September 23. The trial is finished, ruling to be handed down the following morning. September 4, 1998 Judge Hubbard rules that Walter’s consent is not necessary to proceed with the adoption. A hearing is set to terminate his rights and a hearing to determine the best interests of Baby Boy Henderson. September 23, 1998 Supreme court of Oklahoma hears case of comity towards the Manitoba Order: Proper Jurisdictional matter (Manitoba vs. Oklahoma): Applying the Law of Manitoba if Oklahoma is deemed the proper jurisdiction. September 28, 1998 Motions denied on all counts by the supreme court of Oklahoma. October 8, 1998 Glenna’s Pre- Trial Hearing, Temporary Custody Order granted to Linda Susan Kelley by Judge Hubbard presented as evidence of her knowledge of who the adoptive mother was. David Henry asks that Judge Hubbard recuse herself from the proceedings due to impartiality. October 9, 1998 Judge Hubbard refuses to recuse herself. She states " I worked with Judge Kelley for a year and half till he turned sick. During the time he was active on the bench I went to him for advice on certain cases twice a week. I visited him in the hospital, when his wife was present. I attended his funeral as did all other judges who could attend. But it would not make me partial to any side of this case." She did stop the trial from beginning allowing her decision to be appealed to the Head district Judge, which was also denied. October 13, 1998 A stay was granted by the Supreme Court of Oklahoma on all proceedings, including Walter’s termination/best interest hearing, involving the adoption of Baby Boy Henderson. November 10, 1998 David Henry argues his case to the Supreme Court that because Judge Hubbard knew and worked with the deceased husband of the adoptive mother that she could not possibly give fairness to his client. December 1, 1998 The Supreme Court rejects the impartiality of Judge Hubbard. December 3, 1998 Judge Hubbard calls in the Boren’s and David Henry excluding Dena Silliman and the guardian ad litem, and admits that she did know the adoptive mother from the very beginning. That she had a home study performed in the adoptive mothers home and court documents that stated the adoptive mother’s name. David Henry feels this is grounds to ask the supreme court to reconsider removing the judge. Files the reconsideration on December 11. While we wait for judgment for the Supreme Court we learn that the adoptive mother Linda Susan Kelley has sold her home in Oklahoma City for $199,000 US. Because there is a stay on the proceedings no hearing can be called before the judge to see if the she knows of the whereabouts of Baby Boy Henderson. The Guardian ad litem, lawyers on our side knew nothing of this. No one has been able to tell or prove to us that baby Boy Henderson, my son Levi, is in fact in Oklahoma. We have still not received any pictures or knowledge about his well being. Foreign Affairs and the consulates are unable to find any information. Reporter Olivia Hart calls neighbors to see about any their knowledge of Mrs. Kelley. They confirm she has moved and believe she has not left Oklahoma City. The brother of Susan Kelley is contacted but will give no information without specific reasons. February 12, 1998 Supreme court again denies motion to recuse trial judge. Because of the lack of trust between David Henry and Glenna Henderson, David Henry files a motion to withdraw as attorney of record for Ms. Henderson. A new attorney is in the works. March 1 is the withdraw date and a scheduling hearing for trial will be made after that day with the new attorney. There is still no word on the whereabouts of Levi Emile (Baby Boy) Henderson. |
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| oldies4mari2004 | Oct 19 2008, 08:43 PM Post #2 |
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