Proof of immigration status still sought
Friday, October 16, 2009 3:00 AM
By Meredith Heagney
THE COLUMBUS DISPATCH
Fathima Rifqa Bary and her parents have been ordered to undergo psychological exams.
Friday, October 16, 2009 3:00 AM
By Meredith Heagney
THE COLUMBUS DISPATCH
Fathima Rifqa Bary and her parents have been ordered to undergo psychological exams.
Franklin County Children Services will have temporary custody of religious runaway Fathima Rifqa Bary once she returns to Ohio.
That's been the plan since Ohio accepted jurisdiction in the case on Tuesday. The arrangement was formalized during a hearing yesterday in Franklin County Juvenile Court, though the order is contingent on one of two conditions being met.
Magistrate Mary Goodrich's order will take effect when the girl is transported back to Ohio or when the Florida court is satisfied with the documents to be provided by her parents establishing her immigration status.
The 17-year-old girl, who goes by Rifqa, is a native of Sri Lanka, and her immigration status is unclear. A Florida attorney appointed to represent her said in court Tuesday that there's a chance she's not in the United States legally.
Rifqa ran away from her parents' Northeast Side apartment in July, saying her father had threatened to kill her for converting from Islam to Christianity. Mohamed Bary and his wife, Aysha, have denied her accusations, and authorities in both states have not found credible threats to her safety.
Goodrich also ordered psychological evaluations for the Barys and Rifqa.
On Tuesday, Judge Daniel P. Dawson of the 9th Judicial Circuit Court of Florida agreed that the girl's case should be heard in Ohio, but he said he wanted to review all paperwork related to her immigration status before transporting her across state lines.
He expressed frustration that Rifqa's parents had not produced the documents despite repeated requests.
In Franklin County Juvenile Court yesterday, the Barys' Ohio attorneys said the documents should be filed by today.
U.S. Citizenship and Immigration Services cannot discuss individual cases for privacy reasons, said spokeswoman Sharon Scheidhauer. But generally, if a parent is in a country legally, then the child is likely OK to stay, she said.
The Barys, like all parties and attorneys in the case, are under a gag order and cannot discuss their status.
Yesterday in court, attorneys for both Rifqa and her parents advocated for the custody order.
Jim Zorn, the attorney representing Children Services, called it premature because the child is still in Florida. "It's creating undue burden on the agency to have custody of a child we can't have custody of," he said.
The next hearing in Ohio is scheduled for Oct. 27.
mheagney@dispatch.com
That's been the plan since Ohio accepted jurisdiction in the case on Tuesday. The arrangement was formalized during a hearing yesterday in Franklin County Juvenile Court, though the order is contingent on one of two conditions being met.
Magistrate Mary Goodrich's order will take effect when the girl is transported back to Ohio or when the Florida court is satisfied with the documents to be provided by her parents establishing her immigration status.
The 17-year-old girl, who goes by Rifqa, is a native of Sri Lanka, and her immigration status is unclear. A Florida attorney appointed to represent her said in court Tuesday that there's a chance she's not in the United States legally.
Rifqa ran away from her parents' Northeast Side apartment in July, saying her father had threatened to kill her for converting from Islam to Christianity. Mohamed Bary and his wife, Aysha, have denied her accusations, and authorities in both states have not found credible threats to her safety.
Goodrich also ordered psychological evaluations for the Barys and Rifqa.
On Tuesday, Judge Daniel P. Dawson of the 9th Judicial Circuit Court of Florida agreed that the girl's case should be heard in Ohio, but he said he wanted to review all paperwork related to her immigration status before transporting her across state lines.
He expressed frustration that Rifqa's parents had not produced the documents despite repeated requests.
In Franklin County Juvenile Court yesterday, the Barys' Ohio attorneys said the documents should be filed by today.
U.S. Citizenship and Immigration Services cannot discuss individual cases for privacy reasons, said spokeswoman Sharon Scheidhauer. But generally, if a parent is in a country legally, then the child is likely OK to stay, she said.
The Barys, like all parties and attorneys in the case, are under a gag order and cannot discuss their status.
Yesterday in court, attorneys for both Rifqa and her parents advocated for the custody order.
Jim Zorn, the attorney representing Children Services, called it premature because the child is still in Florida. "It's creating undue burden on the agency to have custody of a child we can't have custody of," he said.
The next hearing in Ohio is scheduled for Oct. 27.
mheagney@dispatch.com
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