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主题:贺少强夫妇和贝克夫妇孩子官司:田纳西最高法庭裁决 -- bnugirl

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              家园 建议你读一下楼上法院的判决全文

              "Finally,the juvenile court interpreter, Pastor Kenny Yao, testified that the mother understood the agreement to be temporary and for the purpose of obtaining medical insurance for A.M.H"

              • 家园 建议你去读一下一审的法院判决书

                http://familyrightsassociation.com/horror_stories/he/memorandum_opinion.html

                On June 3, 1999, Ms. Chunn and Mr. Kenny Yao, an experienced interpreter in English and Mandarin Chinese, met with Mrs. He, alone, in the Hes’ apartment. Ms. Chunn wanted to make certain that Mrs. He understood what she would be doing if Mrs. He signed a consent custody order, and whether Mrs. He was one hundred percent willing for a transfer of custody of AMH from the Hes to the Bakers. Ms. Chunn explained to Mrs. He the things that Kevin Weaver had said to Ms. Chunn, the Bakers, and Mr. He, the day before in the meeting in Mr. Weaver’s office. Mrs. He indicated that she understood everything that Ms. Chunn had told her through Mr. Yao. Mrs. He asked no questions of Ms. Chunn, through Mr. Yao.

                Before the Hes signed the Consent Order Awarding Custody, Ms. Cloud met privately in a conference room with Mrs. He, Ms. Chunn, and Mr. Yao, without Mr. He being present, to explain to Mrs. He the meaning of the Consent Order Awarding Custody. Ms. Cloud related everything necessary to the interpreter, Mr. Yao, to explain to Mrs. He the meaning of the Consent Order Awarding Custody. Mr. Yao explained the Consent Order in the way he thought best for Mrs. He to understand it. He did not read the document to her word for word. Mr. Yao felt that he sufficiently explained the meaning of the document to Mrs. He. Mrs. He said that she understood what Ms. Cloud had said during this meeting, and she made no statements to Ms. Cloud, Mr. Yao, or Ms. Chunn that she did not understand everything that Mr. Yao told her. Mrs. He did ask if this would be temporary custody, and she said the word “temporary” in English.

                126. The evidence establishes that both the Hes and the Bakers understood the June 4, 1999, Consent Order Awarding Custody before they signed it.

                127. The evidence establishes that Mr. and Mrs. He understood that if the Bakers did not agree to relinquish custody of AMH, the only way for the Hes to regain custody of AMH would be for the Hes to petition a court to regain custody, and the court would then determine whether the Hes would be allowed to regain custody of AMH based on a change in circumstances.

                • 家园 我觉得贺梅的母亲认为这是一份临时监护权的转换应该是事实

                  看你引用的

                  Mrs. He did ask if this would be temporary custody, and she said the word “temporary” in English.

                  一审中提到这个,但这里没有说当时是怎么解释的。

                  而且一审中的证人作证说的是他们认为贺母了解他们对文件的解释,并没有明确说贺母是否认定这是临时的,一审的证词也提到即使是临时的监护权转移,如果对方不同意,也要上法庭才能要回来, 这更从侧面说明很可能就是临时的监护权转让。

                  而且二审中明确有两个证人作证说母亲认为是临时的才签字的,所以我认为,贺梅的母亲认为这是一份临时监护权的转换应该是事实,我认为这已经构成足够的理由让法庭把孩子判规亲生父母,贝克家后来使用各种手段想变成永久的,并想剥夺父母的探视权, 贺梅留在贝克家这么久,都是他们制造障碍的结果。

                  所以司法正义我认为是在贺家的。

    • 家园 是这几天的事情? 有连接吗?
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