CN AB: Calgary Boy Held In US Cleared To Come Home

5/29/2010

CALGARY BOY HELD IN U.S. CLEARED TO RETURN

After two years and seemingly endless red tape, Noah Kirkman can finally come home.

But the nightmare is not over for his mother, Lisa Kirkman, who has fought to get her 12-year-old son back from officials in Oregon since he was seized in 2008 while visiting his stepfather.

The boy has been moved through four foster care placements and three schools, but on Friday, a U.S. judge ruled he can return to Canada.

Lisa, who last saw her son in July 2009, said she considers the ruling a small step.

"It's a step forward but it isn't enough. Until he's in my arms, I don't trust any of it."

Her lawyer Tony Merchant said the judge ruled Noah can return to Calgary when he's finished his school year in about three weeks and will live with his grandparents, in a home that is familiar to him.

"He was told today and he was very happy about it," he said Friday.

"But nonetheless he has a school year to finish - he likes going to school and has some goodbyes to make."

Lisa will still have custody of Noah.

"They'll do a transition through the grandparents' home," Merchant said.

Merchant said he sees the ruling as a victory.

"It was Lisa's suggestion that Noah would live with his grandparents so that's exactly what we asked for and got what we asked for," he said.

The case, first reported by the Sun, attracted international attention as Lisa pleaded with the Canadian government to step in.

Noah was stopped by police for riding his bike without a helmet in Oakridge, Ore.

The straight-A student, who has severe attention deficit disorder, struggled to explain he was on holiday, staying with their stepdad.

Lane County Circuit Court Judge Kip Leonard made it clear he had concerns.

"I am confident in my legal decision that Noah return to Canada," he said. "I am not as confident in my social decision."

Another barrier was the fact that Lisa, an outspoken marijuana crusader, was busted years ago for growing medical marijuana without a permit.

- - With files from Michael Platt and The Canadian Press

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