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Chinese and American Cultures Clash in Custody Battle for Girl
Posted by Andrew on Saturday, March 06 @ 10:00:00 EST
Contributed by Swinger203
Families By Andrew Jacobs
©2004 The New York Times
March 2, 2004

MEMPHIS, Feb. 27 — Armed with baby pictures and tearful indignation, the two couples come to court each day with their lawyers and supporters aligned on either side of the cherry-paneled chambers. For five years, Jack and Casey He and Jerry and Louise Baker have been tussling over a child who was born to the Hes, but who ended up with the Bakers for what both sides initially agreed was a temporary arrangement.

The Hes say their daughter was "kidnapped by white Christians" who have been using their wealth and the courts to their advantage. The Bakers say the birth parents are unstable and abdicated their parental rights by failing to provide child support or to visit their daughter for months on end.

Although the couples signed papers describing the setup as temporary, the Bakers say there was a separate verbal agreement giving them permanent custody of the child, a contention the birth parents deny. "Why would we visit our daughter every week if we wanted to give her away?" Mrs. He asked tearfully.

The Hes are facing a deportation order for unrelated reasons, but have been allowed to stay in the country until the custody dispute is resolved.

The Bakers' lawyers say that what ultimately matters is the welfare of 5-year-old Anna Mae He, who has seen her biological parents only once in more than three years as a result of a court order. "What kind of quality of life is the child going to have in China?" asked Larry Parrish, a lawyer for the Bakers. "Common sense dictates that to take a child out of an environment where she's firmly attached and settled is the ultimate devastation."

But in this case, common sense is a matter of debate. The trial, in its second week, has exposed a chasm between American and Chinese cultures, conflicting notions about what defines a good parent and the extent to which the legal system can become a wedge between parents and their children.

Each day dozens of Chinese from the Memphis area flock to the Shelby County Courthouse wearing yellow ribbons and buttons demanding the family's reunification. Although the case has received little notice outside Tennessee, it has been closely followed in the Chinese-language press, inflaming passions among Chinese-Americans and drawing concern from the Chinese Embassy in Washington, which has sent a representative to the trial.

Cecilia Lin, who comes to court each day and helps serve Chinese food to spectators during breaks, said Asians could not understand how the Bakers' material wealth would trump blood ties between mother and child.

"Some Americans think they can provide better environment for children because of money, but Chinese think love and enduring care is more important," said Ms. Lin, 62, a Taiwanese-born painter in Memphis.

The Hes' troubles began in 1998, soon after the pregnant Mrs. He arrived in this country. A doctoral candidate in economics at the University of Memphis, Mr. He had only recently met Mrs. He in China through an arranged marriage. Mrs. He, 35, a store manager in China, spoke no English and still struggles with the language.

Soon after her arrival, Mr. He was accused of sexual assault by a fellow student. University officials suspended his scholarship and student stipend, the couple's primary means of support. Mr. He's student visa was revoked, and immigration officials began deportation proceedings against the couple. Mr. He was eventually acquitted of the assault charges.

As their financial and legal problems deepened and Mrs. He's pregnancy advanced, a friend suggested that they contact Mid-South Christian Services, a private adoption agency in Memphis. In their testimony this week, agency employees said the couple, who had no health insurance, were seeking a foster family of means to take care of the child while they sorted out their finances. Legal documents they later signed spelled out the arrangement as temporary.

What the couple says they did not understand was that the word "temporary" was not what it seemed: regaining custody required the blessing of the Bakers and the consent of a judge. Agency and court employees and a Chinese language translator have testified that no one explained the complex nature of the agreement. The couple, they said, was not advised to hire a lawyer.

Until the child's second birthday, they made weekly visits to the Baker home. Tensions increased after Anna Mae's first birthday, when the Hes asked a judge for custody. Though they had found work at Chinese restaurants, the request was denied because they lacked financial stability.

Both sides agree that the discord surrounding the visits reached a peak on Anna Mae's second birthday, when the Bakers refused to allow the Hes to take her out of the house for a family portrait. The Bakers called the police, who, Mr. He said, warned them to stay away from the Baker home or face arrest. Fearful of further trouble with the law, Mr. He says he complied. What Mr. He says he did not know was that under Tennessee law, a four-month lapse in visits can be construed as abandonment, part of the legal argument for terminating parental rights.

David Siegel and Richard Gordon, lawyers for the Hes, argue that the Bakers planned all along to keep Anna Mae. They cite their foster parent application to the agency, which mentions their desire to adopt a child and raise him or her in a Christian home.

Mrs. Baker also kept a secret journal titled "Visits from Jack and Casey," which Mr. Siegel contends shows the Bakers' true intentions. The entries document Mrs. Baker's distress over the bonding of mother and child and growing frustration as the birth parents demanded more time with their daughter. "We would like to get visits to every other week," she wrote when Anna Mae was 8 months old. "We feel like they would wean away, but the last two visits we could see Casey is wanting to come more." The Bakers have four children of their own.

The legal fight has nearly bankrupted the Bakers, who recently sold their house to pay their lawyers. Mr. Baker, 45, is a mortgage banker and his wife, 42, is a part-time Bible teacher. The Hes, who have subsequently had two children, are being represented without charge.

In seeking to terminate the Hes' parental rights, the Bakers depict Mr. He as untrustworthy and his wife as prone to hysterics. Mrs. He once picketed the Bakers' home, and on another occasion, they say, tried to wrest Anna Mae away during a chance encounter at a Wal-Mart. "To me, if Casey truly loved her daughter, she would leave her with us," Mrs. Baker said. She added that a life in China, where female babies are sometimes deemed inferior to males, would be a hardship.

A Circuit Court judge, Robert Childers, who has been hearing the custody case for 12 hours each day, weekends included, is expected to issue a ruling in the coming weeks. The Hes fear that even if they win, a drawn-out appeals process will further prolong the separation between child and parents. A court order has kept the Hes from having contact with their daughter since 2002.

Chris Zawisza, director of the Child Advocacy Clinic at the University of Memphis Law School, said the convoluted and drawn-out legal fight partly obscured what in many ways was a struggle over cultural values. Much like the impassioned tug of war over Elián González, the child who was ultimately returned to his father in Cuba, the clash over Anna Mae pits the perceived superiority of American culture over that of another country. "The case shows we still don't have consensus in our country about a parent's freedom to choose how and where they raise their children," Ms. Zawisza said.

Mr. He says that in China, Anna Mae would benefit from an adoring extended family, many of whom are well educated. Mr. He also says that he has been offered a job in China, and that he will make enough money to provide his daughter a comfortable life. "If we do not have a reunification, I'm afraid our daughter will grow up thinking we abandoned her," he said. "I think that is worse than anything else."

 
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Re: Chinese and American Cultures Clash in Custody Battle for Girl (Score: 1)
by kimkam on Saturday, March 06 @ 13:38:55 EST
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Yeah, when I read this in the Times I thought it was kinda nutty. I mean, jeez, the best part was where the baby stealers started expressing their concern for how girls/women are treated in female-hating China. Versus the way they're treated in religious fundamentalist cracker parts of Tennesee I guess. Gimme a break. That poor kid being raised by such condescending, dishonest people (and likely racist, sounds that way).



Re: Chinese and American Cultures Clash in Custody Battle for Girl (Score: 1)
by krome on Saturday, March 06 @ 18:24:49 EST
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The Hes say their daughter was "kidnapped by white Christians" who have been using their wealth and the courts to their advantage.

Although the couples signed papers describing the setup as temporary, the Bakers say there was a separate verbal agreement giving them permanent custody of the child, a contention the birth parents deny. "Why would we visit our daughter every week if we wanted to give her away?" Mrs. He asked tearfully.


Sounds like the Bakers are rich, lying schemers here... But regardless, ONLY WHAT'S IN WRITING IS LEGALLY-BINDING ANYWAYS! Duh!
--------------
Mr. He was accused of sexual assault by a fellow student. University officials suspended his scholarship and student stipend, the couple's primary means of support. Mr. He's student visa was revoked, and immigration officials began deportation proceedings against the couple. Mr. He was eventually acquitted of the assault charges.

So he was wrongly-acused, but I guess that didn't get him his job back, though... Sounds familiar...
--------------
David Siegel and Richard Gordon, lawyers for the Hes, argue that the Bakers planned all along to keep Anna Mae. They cite their foster parent application to the agency, which mentions their desire to adopt a child and raise him or her in a Christian home.

Those wacky, cultish Christians want ALL OUR BASE! They stop at nothing!
--------------
Mrs. Baker said. She added that a life in China, where female babies are sometimes deemed inferior to males, would be a hardship.

I think she's read too many Aunty Tan books. Male baby-favoritism is well-documented in this country to be just as strong, if not more.

Lundberg and Rose speculate that some parents see boys as especially needing a male role model, or that some men simply value a family with a male offspring more highly. "Either fathers are more important to boys," Lundberg said, "or boys are more important to fathers."

http://sheknows.com/inside/look/1335.htm

The only reason it is not as easily-apparent is because there is no 1-child policy here (and not scores of self-hating WF authors). But, if families were similarly limited to 1-child, you'd see similar (if not worse) patterns of under-reporting or unwanted girl babies...



Re: Chinese and American Cultures Clash in Custody Battle for Girl (Score: 1)
by ac2004 on Saturday, March 06 @ 23:12:43 EST
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This sad situation makes me angry and sick! How could the Bakers consider themselves to be religious and moral people when they essentially tricked the Hes into this arrangement. They knew Mr. and Mrs. He were strangers in a strange land; they knew full well that their command of the English language was poor much less their understanding of the American legal system.

I really want to show support for the Hes. Do any of you out there know if there is a support group for them or how I can get in touch with their supporters and legal team? Thanks.



Re: Chinese and American Cultures Clash in Custody Battle for Girl (Score: 1)
by mahod on Sunday, March 07 @ 00:13:49 EST
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Clearly these white "Christians" are acting based on an inherent sense of superiority over the Chinese. I would like to seem them pull the same stunt with a German couple. They wouldn't dare. These people are demented. I don't know any child that would pick "a better lifestyle" over the love of their own parents.

It is accepted and common for people to say negative things about China. Try saying anything negative about Israel and see how far you get. I have actually lived in China for short periods of time and the social fabric there is much stronger and healthier than here in the US. There is a sense of community, and a sense of fair play. China is a country with hope and a bright future.

Seeing that the Chinese embassy has a representative at the hearings brings me great comfort. It means that there is no way in hell that these devils are going to steal that child. China has enormous leverage over the US right now, and can send the US economy into a deep recession simply by selling their US Treasury bonds. This will raise interest rates and cause over-leveraged consumers and businesses to go belly up.



Re: Chinese and American Cultures Clash in Custody Battle for Girl (Score: 1)
by aelward on Sunday, March 07 @ 16:17:58 EST
(User Info | Send a Message) http://www.aznhealth.com
Reading this infuriates me. It amazes me how so many (White) Americans live in an intellectually handicapped box where they assume that the US is the best country to live in, where only American parents REALLY love their children, and where only Christian values create moral children.

As ac2004 points out, Christian values have turned the Bakers into a scheming, morally bankrupt homebreakers.

It is definitely poetic justice that these people are almost financially bankrupt as well. Hopefully, that will prevent an appeal in the event that the Hes win. Then again, I am sure there are plenty of Christian organizations out there that may be willing to help fund it under the guise of "look how much they have lost trying to keep the little girl in a Christian family and out of the clutches of the godless Chinese."



Re: Chinese and American Cultures Clash in Custody Battle for Girl (Score: 1)
by LisaLisa on Tuesday, March 09 @ 05:45:24 EST
(User Info | Send a Message) http://www.isthisamerica.com
I just realized I posted this as a reply, so sorry for the duplication.

I saw an AP article on this story last summer and it pissed me off to no end. So, I set up this website and started calling the media. We were ecstatic when the NYTimes picked up the story. Now, they're meeting with all kinds of media and finally getting their story out. A lot of people think that the contracts and what not are very clear and that the Hes just got tricked. The reality is that the contracts say Temporary and testimony from witnesses on both sides acknowledge that it was temporary. The Bakers are actually claiming that there was a verbal agreement as well. That clearly makes no sense - they had a lawyer the entire time so why would they ever have a verbal agreement? It's important to note that their lawyer was actually the same one that represented the adoption agency and state guidelines stipulate that private adoption agencies are there to counsel the birth parents. By providing their own lawyer to the adoptive parents and having him represent the Bakers twice in court there was a very clear conflict of interest. I even ran this by the director of the department in TN that licenses these agencies and she concurred. It's important to note that this case has been going on for 5 years and she didn't know about this case until March 2nd when I called.

Anyway, I hope you'll all check out my website. I've added a paypal link that goes directly to the Anna Mae Charitable Foundation which is registered with the state. It, in part, helps cover a lot of the incidentals that have been involved the last 5 years, including court costs and the costs of depositions. We just found out today that the transcripts are going to cost $25,000! They split it between the Bakers and the Hes, but that's still well over $12,000. Please remember that their ENTIRE legal representation by David Siegal and Richard Gordon has been Pro Bono - literally for years. They've been absolutely amazing and selfless and we don't want any of them to get stuck with the bill because the lawyers get billed for the costs. Please let everyone know and help us cover these costs for them! Thanks!

lisa



Re: Chinese and American Cultures Clash in Custody Battle for Girl (Score: 1)
by Spirit on Tuesday, March 09 @ 23:30:48 EST
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Sheesh bajees!! That's just the thing to happen, folks. The thing that most immigrants Asians fail to understand (and many AAs for that matter) is that whites have a centuries old custom of separating family members here in the good ol' US of A. It didn't just happen to the black slaves but also to NAs who got separated when the men were killed off or sent to reservation but some of the children got taken in by missionaries who had as their primary objective the stripping away of any vestiges of the savage Indian mentality.

So when this couple unknowingly gave up rights to their child it comes as no surprise that the white dominated judicial system would see things as they do, that the child is best served in a white middle class home instead of with a father who got kicked out of school and country because of sex related charges (although dropped).

For any folks who still want to believe that being Asian is going to somehow protect you from the ugliness of racism, here is a wake up call.



Re: Chinese and American Cultures Clash in Custody Battle for Girl (Score: 1)
by kiya on Thursday, May 13 @ 16:16:56 EDT
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I am from the Memphis area, and I am saddened and dismayed by the judges decision to deny custody to the rightful parents. This blatant kidnapping by these so called Christians' attempt to "civilize" a Chinese American child is distasteful. This sort of cocky, superiority complex can only survive in a racist society. And should not be tolerated.

On a separate note, I am really disappointed that this website which wants to discourage negative Asian stereotypes will simultaneously embrace positive stereotypes ("Model Minority"). You can't have it both ways. All stereotypes are bad because they box you into a model of behavior which is beyond your control. The domain name should be seriously reconsidered.



Re: Chinese and American Cultures Clash in Custody Battle for Girl (Score: 1)
by kimberlyl87 on Tuesday, April 04 @ 03:17:30 EDT
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damn. i'ma be bashed for this, cause i realize it's asian empowerment, but i have to say, i understand both sides. I'm adopted from China~ my fam is Christian...but then Ive spent the last 13years in China and i know the reality of orphans. But if the He's made it to America, it must mean that they can provide because their visa application clearly went through.... as for the Bakers... it's a damn shame they're bringing such a bad rap to Christians (or foster homes for that matter) cause it does appear to be a case of misleading and cultural deceit...


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