I also thought it was an appropriate title to give a brief explanation of the District Court Process in Taiwan; the process that will hopefully bring our baby boy home to us, sooner rather than later. We found out yesterday that our papers were translated and sent overseas this past Friday, September 5th, officially marking the countdown to bringing Pei-En home.
I have done a bit of research, but mostly borrowed the following information of the court process from a few of my blogger friends. (Thanks guys! ) I could probably fill 2 posts with a more complete explanation, but thought instead I would share the Cliff notes version. ;)
I know many of you have privately expressed frustration and confusion as to why our little man cannot join us immediately ( and oh, we wish he could!! ), so I hope this helps to shed some light onto this process. As always, thanks so much for All of the support you have given us!
District Court Process
Essentially this is the legal overview of the process with the main purpose being to protect the best interests of the child and all parties involved.
1. Hearing:
Usually around 1-3 mos. following the submission of the court papers, a hearing is scheduled in the district where the child lives and is primarily a fact seeking mission on behalf of the judge. He/She will familiarize themselves with the pertinent details of the child, birth family, adoptive family, placement, etc. The timing of this can vary widely, depending on the judge's docket, the case load of the Social Worker assigned to the case, availability of all required parties to attend and several other variables.
2. Part 1 of the Final Decree ( 1st Ruling ):
The timeline for this generally follows about 1-3 months after the Hearing.
Essentially this component of the process outlines the decision of the judge to go forward with the adoption/review critical information as such relating to the case. There is a 10 day waiting period before further action can occur and the birth family has up until the expiration of this 10 day period to change their minds.
3.Final Decree ( 2nd Ruling ):
Normally this occurs 2- 6 weeks after the 1st Ruling. This marks the completion of the Court Process.
Following these steps, there will a Change of Household Registration filed for the child and all immigration requirements will be met. Additionally, loose ends such as, documents being translated, etc. will also be addressed at this time. The final step in this process is the issuing of Travel Dates by our agency. JOH parents are generally given approximately 1-3 weeks notice to travel & prepare for the flight, time overseas, etc. At that time, those of you following our journey/blog will most likely see a post titled something like....AT LONG LAST, or LEAVING ON A JET PLANE, or something equally expressive of our jubilation!! :)
Phew....okay, thanks for hanging in there & reading along and I hope it has helped to illuminate this process. In following other families journeys I have seen the entire process take anywhere from 4 months to the more heartbreaking end of the spectrum, 7 months. We have no illusions about this wait; we expect it to be difficult and wish he could come home now along with all the other waiting babies/families. We take heart knowing that the above process works to protect the very best interests of each child and all parties involved and when it has concluded we can feel confident that a fair, transparent, legal decision as been rendered. Maybe that will bring us some peace in the coming months.....
8 comments:
Lisa,
What a beautiful blog!!! What a gorgeous baby boy you have waiting for you and your sweet family. And, you have an absolute princess for a daughter too. Her smile is infectious! I am so proud for you and your family :-)
Thanks for your encouragement! And, congratulations on your papers being sent overseas. You'll have your baby boy by Christmas!!! What a Merry Christmas it will be!
Lisa, I would love a bowl of those nuts and bolts right now. :) Thank you for that explanation - As you say, it makes for fairness to all parties, but still the wait is hard, oh - what an exciting day at Ohare for all of us! Love you guys!
Becky
Great summary of court process. I may have to "borrow it"! Maybe we will be traveling together.
Michelle C, Al JOH-ref 08-08
Lisa,
This is a beautiful blog!
I am a friend of Becky's and she gave me the link to your blog. I pray for smooth sailing every step of the way in this adoption process. Like the Whites said, I hope that your son is with you by Christmas!
Karen
PS ... my mother used to make Nuts and Bolts for us when we were children.
Lisa, I can't wait to hear about all your hearings and court rulings!! So exciting!! Sarah
lisa,
you outline the process very clearly. I may have to borrow that at some point for my blog....Hopefully your court wait will be on the shorter end.
LOL
Lisa R.
I just realized how TINY your little baby boy is!! I'm not sure if I know anyone that has received a referral for such a tiny tyke but I'm glad you did. I hope you get him home soon!
R...
Thanks- for this post Lisa. I am still putting it together. Process is so different from China.
Hugs!
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