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Blog from Juvenile Court: Rifqa Bary hearing
Rifqa walked in after her parents sat down with their attorney Craig McCarthy at one table.
She is seated at another, but facing her mother, who is wearing a scarf and wiping her eyes with a tissue.
Rifqa wants to make a statement before the hearing begins.
The attorneys are huddling before the judge for a decision on whether he will allow that.
UPDATE: Judge Dawson has decided to let her speak, saying it his policy to let anyone speak in open court.
This case is about jurisdiction, whether she can stay in the care of the Florida Department of Children and Families, or whether she has to be turned over to Ohio authorities.
A representative from DCF has told the court that the Florida Department of Law Enforcement has agreed to investigate the matter, because DCF fears she is in danger.
An attorney for Rifqa's parents said Ohio has investigated this matter and if there's any question about her safety, then Ohio is the place for that to be determined.
"There is no basis," the attorney said, for her to stay in Florida since her life is in Ohio.
McCarthy said it would "enormous prejudice" to try this matter in Florida.
A legal representative for Rifqa says since Ohio has no prior legal proceeding in this case, then Florida can claim jurisdiction.
Staying in Florida, her legal team argues, would keep her safe.
Judge Dawson said he has had no contact with Ohio courts, so he doesn't know if Ohio wants jurisdiction in this case.
"Rifqa wants to be here," said one of her lawyers.
He told the court the teen's safety would be compromised back in Ohio, referring to some 'terrorist activity' in the region where she lived. He did not elaborate.
UPDATE: Rifqa is sitting with her attorneys, reading a book that she brought in. She glances at the judge and her legal team, but not her parents.
Judge Dawson says "at first blush" it appears his court has jurisdiction in this custody matter, since no Ohio court has taken up the matter.
Attorneys for the parents are citing a ruling that Judge Dawson could request an Ohio court to initiate a hearing, but Dawson said he didn't feel that was the case, although he appears willing to make contact.
update: A hearing is set for September 3rd at 2:30 p.m.
A dependency petition will be argued at that time.
The judge is still ordering a mediation effort to avoid trial.
update: Rafqa is making her statement to the court. "I've been a christian for 4 years of my life. I love my parents but I am in fear of my life because of the past abuse. I assure your honor Jesus Christ is my Lord and Savior. I am a Christian, a believer."
Her mother cried, "I need my daughter back."
He father said "I love my daughter, I have no problem in her practicing another religion."
She is free to come and practice what she likes in my home," he said.
Rifqa will spend some time with her younger brothers, but does not want to meet with her parents at this time.
The court will allow it.
update: Rifqa is staying in a foster home. Her foster parents are not willing to allow supervised visitation of Rifqa's family or friends right now. The judge is recommending DCF take charge of the issue and hold these meetings in an outside location where it can be videotaped.
Judge Dawson asked if Rifqa is a legal immigrant. She was born in Sri Lanka. Her attorneys say they are trying to determine that and need the parents' cooperation.
Her father, Mohammed, said she arrived in the U.S. on a visa. Since she has turned 17, her legal status is in question.
Rifqa will be home schooled in her foster home. She attended high school back in Ohio where she was a cheerleader.
The hearing ended at 4:07 p.m.
What others are saying
- GOD BLESS YOU RIFQAI KNOW THAT MANY WILL ACCEPT JESUS BECAUCE OF YOU, YOU ARE A GREAT WITNESS FOR OUR LORD.
- RifqaThe next time your daughter, sister, brother, is abducted by criminals and kidnapped and taken away and brain wash then and then perhaps like many others commit mass suicide believing some biblical myth (distorted), then you will understand what the court has done by not returning her to her parents.
How will you feel when your children start converting to some cult religion which gives them what they want.
What the attorney and the pastor care about is publicity. Hate mongers always do this.
Pray that you never have to see your children befall a cult in florida or else where.
God Bless, yes I am a christian and a good one too. - Are you for real?"Aysha's action may be charged as felony child abuse under Florida law, since Florida's legal definition of those activities that constitute child abuse says that if the parent only THREATENS to do something, and that threat only results in a mental injury that is LIKELY to cause the child's mental or emotional health to be significantly impaired, then there is child abuse."
Under that definition, the people on the Facebook Prayer Group who told her that she could get killed for converting to Christianity commited child abuse too! Why not stop trying to get creative with the law and simply let the law take it's course? - Don't be blinded , she will be in danger if she is back home!!!I have muslim friends and i know how strict there parents are... they might say they will not harm her but how about all the abuse from before?? are they going to stop?? think about it. she's not safe in her own hometown, please leave her where she is. im sure God will provide for her and protect her. God Bless !
- Emancipate Her - She is old enough for self-determinationSave her life - free her from parental custody. She is brave enough to fight for her freedom - let her have it.
- Rifqa Bary hearingThank you for reporting. We are hoping that Rifqa Bary will not be sent back to Ohio or her parents.
- Rifqa Bary hearingThank you for keeping us informed about what is happening to this girl.
- Rifqa Bary Court Hearing of 8/21/2009Thank You ALONE, LORD Jesus!!!
- is she staying?Is Rifqa allowed to stay in Fl?
- Get to the truth, put the father under oathQuestions to loving father
1. Did you celebrate as your Islamic Lybian brothers did at the return of Abdel Baset al-Megrahi, the Lockerbie Scotland bomber who destroyed Pan Am Flight 103?
2. Did you celebrate the death of People in the 9/11 attack?
3. Will you follow the Koran in all dealings with your daughter Rifqa Bary?
4. You admit that your doctrine teaches that, Bukhari (84:57) - [In the words of] Allahs Apostle, Whoever changed his Islamic religion, then kill him.
5. Do you agree that Rifqa Bary has changed her Islamic religion?
6. You admit the Koran states, Quran 4:90 If they turn back from Islam, becoming renegades, ,b>seize them and kill them wherever you find them.
7. Admit that Allah has said, He is not a false person who (through lies) settles conciliation among people, supports good or says what is good. - Shelter Rifqa in Florida!A Florida attorney experienced in dependency court notes* that the court needn't speculate whether Rifqa's parents have already committed child abuse against her, since her father, Mohamed Bary, confessed to child abuse on behalf of his wife, Aysha Bary, saying that when Rifqa came home from going out more than three hours without permission, Aysha scolded her and told her that because of her behavior, the whole family might have to return to their native Sri Lanka.
Despite having no expectation to leave the U.S., an upset Aysha frightened her daughter, apparently causing a bona fide "mental injury" severe enough so Rifqa suddenly fled her home and relocated a thousand miles away (despite being a cheerleader and excellent student in a prestigious school in Columbus who got A's and B's [and] wanted to go to college and become a nurse).
Aysha's action may be charged as felony child abuse under Florida law, since Florida's legal definition of those activities that constitute child abuse says that if the parent only THREATENS to do something, and that threat only results in a mental injury that is LIKELY to cause the child's mental or emotional health to be significantly impaired, then there is child abuse.
Linking the (almost surely deceptively minimized) Bary parents' confession to Rifqa's much more harrowing claims, and to Florida's child abuse law, creates an open-and-shut case that Rifka Bary qualifies to be "sheltered" by the State. Considering Rifqa's own near-adult status, her maturity, and her clear wish to remain in Florida, it is an easy call for Judge Adams unless she chooses to ignore the law. Shelter Rifqa in Florida!
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