This is the story of a little girl named Perri, separated from her mom, her dad and her two sisters, one older and one younger.
Perri's Mom, Carla Moquin has been in touch with me for years as she fought this battle. I offered her the only help I could - publicizing her case in the hopes that would gain her support. Carla, who has been acting as her own attorney for much of this case, decided it wa s not in her best interest to do so until now, because she has no other alternative left (read no money left!).
Peri was born into a married family with a two-year old child, but a family struggling financially. Against her better judgment, but persuaded by her husband, Carla found a couple who promised an extensively open adoption for their daughter, Perri
This openness and contact lasted, it turned out, until approximately nine days after the adoption was finalized. Things went downhill from there...and ultimately led to protracted litigation.
"I was very concerned for Peri's welfare being raised by people who could so methodically and callously commit fraud on a family in order to get a baby. I was also heartbroken that the situation had taken such a disturbing turn. I tried several more times to persuade the couple to reconsider the allowed contact or to compromise to the slightest degree, and I discussed the situation with the adoption counselor (who, after I explained the evidence I had discovered, said that she also believed that they had defrauded us).PLEASE Read the full story and help Carl and Perri in any way you can.
"Ultimately, I decided that, for Peri's sake, I had to try everything I could to regain custody of her. I had not previously considered this prospect even with the restrictions on contact that had been imposed, because I am very aware of the importance of attachment and bonding for children.
"However, when I came to understand the detailed plan that this couple had pursued to intentionally deceive us into placing Peri with them (even though they said in the Discovery Channel Show footage that they had only recently decided they wanted to have children at all and they had only recently pursued adoption when we contacted them), I became very concerned about what other disturbing aspects of their personalities they could have hidden from us. I decided that I could not simply abandon Peri to be raised by people who could pursue such a carefully-crafted plan to defraud an entire family and to procure a child through that fraud, with no concern for the effects of their actions....
"California case law and statutes make clear that fraud in procuring an adoption is grounds for rescission of the adoption and return of custody to the biological parent, and there is California case law holding that an adoption can be conditioned on an agreement for post-adoption contact. There is no California case holding that fraud is not sufficient grounds for rescission and return of custody. According to California law, if an adoption was procured by fraud, the relinquishment signed by the biological parent is not valid and the adoption is null. There is no California case law contradicting these statements related to a lawsuit for rescission of an adoption based on fraud. Although I believe that Peri's best interests involve her return to my care, the law is clear that if fraud in inducing relinquishment of parental rights is shown, the best interests of the child are not legally at issue in returning custody to the biological parent.
"At a recent hearing, the judge on this case expressed frustration that the case has dragged on as long as it has, and she wants us to get to trial soon after August, 2009. I am trying to move as quickly as possible on everything that needs to occur (every day this case gets further delayed is critical for Peri and for the ultimate determination of the case) but my financial situation (because of the many thousands of dollars I spent fighting the appeal filed by [adopters] is now a major obstacle to continuing the case."
Note there has been visitation during this protracted visitation and Perri KNOWS two sisters!! What will her adopters tell her if they succeed in permanently keeping her apart from them?