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Friday, May 28, 2010

NEWS: Boy can return to Calgary after 2 years in U.S: judge

CALGARY — A U.S. judge has ruled a young Calgary boy can return to Canada after being shuffled through a series of foster homes in Oregon for nearly two years.


Canadian lawyer Tony Merchant said the decision was made late Friday that 12-year-old Noah Kirkman can start a gradual process of moving back home.

"The court has said that he's to come back to Canada, live with his grandparents with a view to living with his mother, essentially, as soon as possible," Merchant said after attending the hearing in Eugene, Ore.

Lisa Kirkman said her son was seized in 2008 during a summer spent visiting his stepfather, who wasn't considered a legal guardian.

The boy, then 10, had been stopped several times by police for riding without a helmet and playing in areas he shouldn't have been, and officials grew concerned when they discovered Noah had social services files in Canada, including in British Columbia.

Kirkman said the files were open to enable the boy to access special mental health programs for his special needs, which include a severe form of attention deficit hyperactivity disorder.

Merchant said Noah's grandparents were present for the Friday hearing and had the chance to have dinner with the boy.

"They're very happy here, the family's very happy. Noah's happy," he said.

Kirkman has said she thought U.S. justice officials might be hung up on the fact she has edited marijuana-related magazines and has a criminal record for growing medical marijuana for her husband, who has chronic fatigue syndrome. Her sentence for her conviction was a short period of community service.

She initially offered up her parents' house as an alternative living arrangement in the hopes it would allow Noah to come home more quickly.

Merchant said Noah will originally stay with his grandparents because their house is familiar to him, while Kirkman has since moved. He said Lisa Kirkman will still have custody of Noah, and that the measure is simply to ensure a smooth transition.

"This is a good boy, he's been doing well in school here, he's an A student here (in Oregon), he was an A student in Canada," Merchant said. "But he still has to adjust, he has to be told he's going back."

Noah is expected to start the process of moving back home in about three weeks.

Source: CTV News