Monday, July 27, 2009

Bring Perri Home!

This is a tragic story of a years long battle that has ended in the victor is going the spoils: a family tragically torn apart and giving up in desperation having at long last run out of the money to continue the battle.

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. 

Carla says:
"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).

"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."
PLEASE Read the full story and help Carl and Perri in any way you can.

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?


O Solo Mama said...

Mirah, this is terrible. I will see about sending money. I am going to the site to read the whole case. Thank you for bringing this to the public's attention. I have not heard of this case before, but you may have blogged about it way back when.

Anonymous said...

This story is so sad. I've watched this family's early story on Discovery health Channel's "Adoption Stories". The adopting couple promised to have a fully open adoption on the show. What a pair of liars! It was also very clear to me that it was the birth father and not the mother who wanted the baby to be adopted. They stated on the show that the reason was financial/marital problems. I think she needs more publicity on this. Lots of people have watched this show and would be horrified to see how it's turned out! This case really highlights the empty promises that are made in open adoption. I googled this and it looks like Peri's mom has a site, This needs more media attention! Check out this site. The adoptive parents are cruelly not allowing the sisters contact, although they promised the older sister this on the show before and after the baby was born. They even said they do not consider the girls to be sisters. I hope this mother prevails in her fight. God bless her!

Anonymous said...

But... what does the child want? Has anyone asked her?

AdoptAuthor said...

First, the questions is moot at this point, so why ask?

Secondly, children under 12 are not asked that question in disputed custody in divorces...why would anyone do it in a case like this?

I suggest you read "Parental Alienation Syndrome" by Dr. Richard Gardner.

riverparkpirate said...

It is time to clear up the record with regard to the unfair accusation of fraud against the adoptive parents. From what I have learned, this matter went to trial on March 22. I have just learned that the judge ruled yesterday that Carla Moquin had presented NO evidence of fraud, thus concluding the legal process. This nightmare for the adoptive parents is finally over after three years of defending themselves from this unjust accusation and being subjected to invasions of their privacy with websites and People Magazine articles and Dr. Phil television shows all having fallen for the sick and sad story told by Carla. God is good, and I wish all the best for these adoptive parents and THEIR daughter. I pray Carla will finally understand that she has to live with the decision she made to give her child up for adoption, even if she realized she made a mistake after the fact, and I pray she gets the counseling she needs to move on if that understanding remains hard to grasp.

Mirah Riben said...

Because a judge found that Carla - defending herself without being able to afford an attorney - could not PROVE fraud to the judge's satisfaction does not men these people are not horrible people for keeping a child from her mother and siblings! Carla did nt make a decsion base don truth and this Peri will have to live her life knowing that her adopter fought to keep her from a family who loved, wanted and was perfectly able to care for her - not exactly the definition of adoption of caring for an orphan!

Peri knows...

I only hope they have allow ongoing visitation, or they will have one righteously angry teen on their hands in the not too distant future!

riverparkpirate said...

Mirah, I'm sure you are well meaning but you do not appear willing to believe the truth in this particular situation. You are right. Carla could not prove fraud. The court system obviously bent over backward for her to allow this to go on for three years.

She couldn't prove fraud because there was none. The adoptive parents planned to have an open adoption arrangement. They studied their options and chose that. They were so committed to it that they gladly agreed to join Carla and her husband Charlie in a national TV show which showcased their open adoption. This is not the action of people intent on fraud.

They retain an open adoption arrangement with the husband Charlie as agreed. Again, obviously not the action of people intent on fraud.

The facts are that Carla could not live with her decision and quickly began to engage in frequent and consistent destructive behavior which abused the rights of the adoptive parents. As a result, they had no choice but to step away for their own well-being and the well being on their child.

The facts are that Carla became obsessed with this situation and seemed to literally lose touch with reality. This resulted in a ridiculous legal action which went on for three years until the court decision on March 30.

My guess is that the child will continue to know her birth father and her siblings. That has been the history and it should be the future.

It would seem reasonable to conclude that Carla has forfeited any expectation of any future relationship. I mean, how can any responsible parent permit anyone (whether that person is a birthmother or not) that slanders and disrespects a child’s parents near their family?

So you see, it is not the adoptive parents who are the horrible people. It is not the adoptive parents who are keeping Peri from her birth mother. That is all on Carla, but I would not call Carla a horrible person. I would call her troubled. I hope Carla gets the help she appears to need, and that she one day can find peace with her decision.

RussiaToday Apr 29, 2010 on Russian Adoption Freeze

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RT: Russia-America TV Interview 3/10

Korean Birthmothers Protest to End Adoption

Motherhood, Adoption, Surrender, & Loss

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Bitter Winds

Adoption and Truth Video

Adoption Truth

Birthparents Never Forget