The Foreign Court Apperance

The Foreign Court Appearance

By Ernie Jones with contributions by countless others

Appearing in court before a judge in a foreign country has got to be the single most stressful event in international adoption. Having gone through it a couple of times I can say that it is really not that big of an issue. However, standing there in front of a judge that holds my child’s and my future in his/her hands can make even the most bold people fearful. The key to a successful court appearance is to (borrowing from the Boy and Girl Scouts) “be prepared”. That is the purpose of this article; to help you, the pre-adoptive parent, prepare yourself to appear before a judge in a foreign court.

When hit with the reality of having to go to court people may conjure up in their minds images of a slick fast talking attorney trying to intimidate someone by badgering them with rapid fire questions faster than they can be answered. Either that or images of reality based TV court shows that feature retired judges flash through their minds. Adoption court is nothing like any of this.

Maybe you’ve been to a US court as a juror, an observer, or had to defend yourself from a traffic violation. If so, you know that court is a serious matter and you need to act accordingly. The same is true of the adoption hearings in foreign countries. You don’t need to be intimidated by this, but be aware that generally speaking court is no different in a foreign country. You will stand when the judge enters the room and then be seated. When addressing the court you will need to stand. When sitting don’t slouch or lean back but do try to look comfortable.

Everything that happens in the Russian court hearing has a good reason, and we need to understand that and respect their judicial system. If you fail to take this seriously, there will be consequences. You will probably not lose your child, but you may find a short court hearing stretched out to several hours. The best thing to do is take it all very seriously and show respect for the court and for all the people involved. At the same time, try not to show fear. It is difficult because foreign courts can be very intimidating. Americans may tend to doodle on notepads, grin at the jury, and let the lawyer do the talking. This behavior should be avoided at all costs in a foreign adoption hearing. You will be expected to sit straight up on a hard wooden bench. You should not smile or cross your legs. You must speak when spoken to, and at no other time. Pay attention and try not to let your mind wander.

Your facilitator should explain the hearing process to you before court starts. If not then ask. The judge may review the process when the hearing starts.

What to wear.

Generally speaking you should wear the same type of cloths you would to any court hearing. For men a tie is highly recommended with a suit or sports coat. Dark colors like navy blue are best with a white shirt and a tie that is not too wild. No blue jeans but some men have found that Dockers are okay. For women nice slacks are fine or a business suit with either a skirt or slacks. Also a nice dress would be appropriate as well. During colder months both men and woman could wear a nice sweater. The judge will either be wearing a tie if a man or a dress if women so try to dress to that same level. This may mean that you have to take some shoes and clothes that you only wear to the court hearing. For winter time I’ve been told that nice boots are acceptable in court for both men and women depending on the climate and weather at the time. If you do wear boots be sure they are clean and blend in with your other clothes.

Attendees.

The court hearing is closed, but there will be a few people there. Of course you will be there, and your child if you are adopting a child that is about 10 or older. Younger children will not attend the hearing. Obviously the judge will be there and your interpreter. There is a court clerk who records the proceedings usually by shorthand. There will be a representative from the local Department of Education, or social worker. Normally this person will have been with you when you first met your child and they will testify about your meeting. Either the director or assistant director of the orphanage may be there as well. There will also be a prosecutor there. The job of the prosecutor is to see that the best interest of the child is being considered and that everything has been done correctly.

If you have another family member, like a parent or sibling, and wish to have them in court as well it is best to ask before hand. Most likely your facilitator and interpreter have been before this judge before and will know if it is appropriate or not. If not, you can always ask the judge at the beginning of the hearing, but have them wait in the hall until approval is granted. Having this other family member there will show that you do have family support for the adoption.

Speak to the judge.

Even though you may not speak the same language as the judge do look and speak directly at him/her. You may be tempted to look at your interpreter instead, but don’t do this. By looking at the judge you are showing them respect and they can better see your facial expressions and establish eye contact. Voice tones, eye contact, and body language will all communicate to the judge that you are taking this matter seriously and gives a glimpse into your personality. Also look at the judge when he/she speaks.

You may need to speak a little slower than normal in order for the interpreter to keep up with you. Do not be afraid of pausing to allow them to catch up. This is something you just need to be in tune with during the hearing as each interpreter is different.

The hearing.

The first part of the hearing is when the judge reads or reviews all the documents in your dossier. There may be some documents that were added once your dossier was in the foreign country. If your child’s birth parents had their rights terminated this document will be there. There may be some heath related documents and statements about who, if anyone, visited the child while in the orphanage You should receive copies of these extra documents once your adoption is complete.

Next the judge will ask each parent some questions. Usually the husband/father is questioned first. Eastern European society is still very male dominate so if given a choice of who speaks first it should be the man.

This is not a complete list of what maybe asked but does give a good idea of what to expect. Perhaps the toughest question is “Why are you adopting from this country?”

· What’s your name	· Date of birth
· Address	· Place of employment
· Restate your petition to the court	· Did you meet the child and for how long
· Describe other family members	· How do you plan to care for him as you get older or if you are in an accident
· Describe your home	· How are you going to raise your child
· How do you plan to care for the child	· Do you plan to adopt other children
· Does your family support this adoption	· Can you financially afford to raise a child
· Do you have health insurance	· Why are you adopting from this country
· How do you plan to keep the child’s culture	· If the child is talking – how do you plan to communicate
· Is it important that the child be Caucasian	· Where and by who would your child be taken care of if you both work.
· What medical issues does the child have	· How can you care for these medical issues

Always try to state your answers in a positive light. For example when answering why you are adopting from this country don’t say “Because the American adoption system is impossible to work with”, but try to put a positive spin on how good the Russian/foreign system is.

When asked why you are adopting from this country many parents give an answer that their ancestors are from this country or Eastern Europe in general. There may also be other families ties to the country of adoption. These connections should be included as part of your answer.

The issue of religion may come up depending on the judge. Reports from parents seem to indicate that this is mostly brought up if they are Jewish. I have heard of it being brought up if the parents are members of an Evangelical Christian or Catholic church as well. My assumption is that this has to do with the difference between these religions and the Russian Orthodox Church. Your adoption most likely won’t be denied (I’ve never heard of this in almost 5 years) because of religious difference, but do be prepared for some questions in this area no matter what your religious believes are.

One parent reported being asked "Are you strong enough to care for this child?"

“ I believe she was only asking so she could have an opportunity to speak with me. Possibly the question lost something in translation. I had no idea whether she meant if I was physically or emotionally strong enough. I am a very healthy and emotionally stable woman. I thought that was obvious to everyone present so it came as a surprise to me, especially considering its placement at the very end of the proceedings. So, I stood, and nervously said, "Yes." Everyone smiled. That was it. I am a mother now.”

It is a good idea to take pictures of your home and family to court. You may have the pictures that you included as part of your dossier there as well. Some judges will ask if you have these and are very interested in seeing them. Lose pictures are fine, they don’t have to be in a photo album. Be prepared to talk about what is in each picture.

After each parent has answered the questions then the prosecutor and other officials will be allowed to make statements. After this the parents will be given the opportunity to make a final statement. You may even consider writing out a statement before the hearing. Summarize or restate your petition and ask the court to approve the adoption. If you are adopting from a country, like Russia, that has a waiting period after the hearing this is the time to ask that it be waived.

At some time during the hearing you will be given to opportunity to change your child’s name, date of birth and place of birth. Changing a child’s name is expected because they will now have a new last name and many Eastern European names do not sound right in English. Some parents change birth dates because a child may physically look younger then they are. Most of the time the place of birth is changed to the city where the court hearing is. This makes the issuing of a new birth certificate listing the new parents, and the adoption certificate easier to obtain..

Once the hearing is done there will be a recess while the judge returns to chambers and ponders the case. This may be a short or long time depending on the judge. Usually during this time the participants are talking and maybe even joking with each other. Once the judge returns he/she will issue their decision. Court is now adjourned.

The court hearing may last anyplace from 15 minutes to over 2 hours. This all depends on the judge and how wordy the answers to the questions are. The more thorough your answers the less questions you should be asked. Remember the purpose of the court hearing is not to deny the adoption, but to be sure everything is in order and you will make a good parent. All the people involved will be very thorough and well prepared. They truly have the best interests of the children at heart. The court record is very important, and efforts are made to see that it is complete and proper.