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Lisa Kirkman appears on Canada AM from CTV studios in Calgary on Tuesday, Sept. 14, 2010. Noah Kirkman is seen in this image taken from video. Lisa Kirkman appear on CTV's Canada AM with her lawyer Daniel Moli on Tuesday, Sept. 14, 2010.

U.S. sues Alta. woman for cost of son's foster care

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Canada AM: Lisa Kirkman, mother being sued
A mother whose son was taken away by U.S. family services, and who is now being sued by them, says there was a lot of confusion that led to her son being taken away. Her lawyer, Daniel Mol, says they are asking the court to dismiss the action.

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Lisa Kirkman appears on Canada AM from CTV studios in Calgary on Tuesday, Sept. 14, 2010. Noah Kirkman is seen in this image taken from video. Lisa Kirkman appear on CTV's Canada AM with her lawyer Daniel Moli on Tuesday, Sept. 14, 2010.

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Lisa Kirkman appears on Canada AM from CTV studios in Calgary on Tuesday, Sept. 14, 2010.

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Date: Tue. Sep. 14 2010 8:19 AM ET

Two years after U.S. authorities seized a Canadian-born child and placed him in foster care during a visit to Oregon, the state is now suing his mother for the cost of that seizure.

The state of Oregon is suing Lisa Kirkman, of Calgary, in a Canadian court for her son's foster care and medical costs during the two years they kept him in the U.S.

Kirkman, whose son Noah was only returned to her earlier this year, told CTV's Canada AM that she has not yet been told how much the U.S. state is seeking from her.

But she intends to fight the state's court action, which her lawyer said "tested the limits of chutzpah."

"We're asking the court to consider dismissing Oregon's action and giving Lisa her legal costs for defending the action," Daniel Mol told Canada AM.

Mol said he will also launch a suit against Oregon for seizing Noah in the first place.

"In my view, they exceeded their jurisdiction," he said. "They've really gone very far."

Noah Kirkman and his family traveled to Oregon in the summer of 2008 for a vacation with his stepfather.

During the course of the summer, the 10-year-old Noah and his friends were stopped by local police several times and cautioned about riding their bikes without wearing helmets.

Police eventually questioned Noah, who had been diagnosed earlier in his childhood as special needs child because of anxiety issues and severe ADHD, and notified Oregon's Department of Human Services.

Kirkman said part of the problem was that when officials checked into Noah's background, they discovered that he had a Canadian social services file because his mother had used the system to access resources for him.

"When they discovered he had a file I think it spooked them," Kirkman said.

To the shock of his parents, the state sent police officers in September, 2008 to apprehend Noah from the stepfather's home.

Oregon authorities cited the boy's mother with abandonment for leaving him with someone without legal guardianship.

Noah spent the next two years in a series of foster homes in the U.S. while his mother fought to bring her son back to Canada

Kirkman said the U.S. authorities seemed to be confused by why her son was living with her husband, who never formally adopted Noah but has acted as his father since he was two years old.

"I think there was just a lot of confusion around why he was down there … they said I was negligent by allowing my son stay with my husband of 10 years because he's not his biological father, he's his stepfather," she said.

While Noah was in foster care in the U.S., Kirkman was only allowed to speak to her by monitored telephone calls for 15 minutes every few weeks.

Comments are now closed for this story

Dan from Fort McMurray
said

Wow...Round up the Posse..I guess it's crime spending time with Dad....Now here is another typical case of the 'South of the border' tough guy routine....Americans typically stick their nose where it doesn't belong with their chest pushed out...with the expectation that who ever is before them will cower....Solution - The head must be removed from the south end (anatomicaly speaking) and a fresh supply of oxygen must be absorbed into the brain. The lack of oxygen is obviously affecting some decision making skills which unfortunately has turned out to be un-necessary and costly for this family. Shame on you!!


jj
said

That is truly the stupidest thing I have EVER heard in my life... and I have heard a LOT of stupidity.

The USA needs to back off and for once, keep their nose OUT of everyone elses buisneess.

I hope she wins her case, court fees and is awarded damages.


alien
said

One more reason to never travel to the states. They act they run the world and do whatever they want. Maybe they should worry about cleaning up their own backyard before they go nabbing Canadian children


Bruce
said

WOW! Will got it right! What a great example of what some case workers who work for social services are like. There's more of these stories in all juristictions. But this one takes the case. Can't wait to see how the courts rule on this and how much it costs the system in legal fee's.


LJR Vancouver
said

One could only imagine what would have happened if Canadian authorities had seized a US child! Our support for both cases is with you Lisa .May this nightmare soon be over for both you and Noah so you may resume your lives and that you are adequately compensated for what you both have been through. Go girl go!!!


Mississauga Mama
said

I guess the US thinks their financial problems are Canada's fault... can't be them !!


James T
said

This is disgusting on so many levels. From taking the child from his stepfather without cause and therefore damaging that relationship to essentially kidnapping him for two years without any justifiable reason, this case has 'stupid" stamped all over it.


M
said

There's two sides to every story........ now what is the other side?


Slewhigh Yendick
said

I was shocked to find out that oregon has a socialist/liberal/ndp government !!!


Mel
said

If the US was so concerned about this Canadian child, why didn't they send him back to the care of the Canadian child welfare system?? That way they wouldn't have incurred years of bills for this child!! I think this is just the U.S. state of Oregon looking for cash!


Cal in Ottawa
said

A perfect example of the truism "if common sense was truly common, everyone would have it"


Common Sense gone AWOL
said

Consider this. If my sister and brother in law took my kids on a vacation to Disneyland and I, for some reason, had accessed child serves in Canada for one of them, then the POLICE in that state would take my kids and put them in foster care because my sister and brother-in-law are not legal guardians of my kids? Think of it that way and you would then go on to SUE the state for all they have.


Lz in Edmonton
said

I would then sue Oregon for 2 years of emotional distress not only for the family but for the child. That should be worth around 50 million. How about abuse of power? How about lack of common sense? Did anyone bother in oregon to check out the facts in Canada before they kept the child in the system for 2 years? Had they made a few logical phone calls, this would have stopped in 12 hours as the mother gave permission for her husband to go with the child. That should be enough. Personally, they should sue Oregon for all they can and have charges laid against the agency that did this in the first place.


JP
said

That's how poor and broke the US is now people...they're looking for money anywhere they can get it. War is coming folks...in about 60 days.


Jen
said

Am I missing something here? Since when can they take a child for being with their stepfather? My stepmother never 'adopted' me, does that mean I would have been taken if I were with her as a child? That's ridiculous!!! They took a child from his mother for two years and now they want compensation?? What about the parents whose children are being neglected and/or abused.... why aren't they focusing on those kids instead of a kid who was happily riding his bike with friends while at his stepdads.... makes no sense. I hope mom and son are able to rebuild their relationship after all that.


Delbert
said

Did they feed him? Did they clothe him? Why was he taken in the first place? We haven't heard all of the sordid details, have we? PAY UP!!!!


Dan in Quebec
said

Sick abuse of power! Don' t these people have Americans to worry about. They should have sent this kid back to Canada. Now they are going after her for cash. Where is the Canadian government in all this? Oh ya, busy talking about NHL arena's in Quebec! Duh!


Will
said

Typical busy-body nonsense from the social services crowd. They acted unreasonably to begin with and now want to be paid for it. NOT!


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