Oregon drops Foster Kid Lawsuit against Calgary Mom

Calgary Herald

The State of Oregon has withdrawn its lawsuit to collect two years worth of foster care and medical bills against Calgary mother Lisa Kirkman, whose then 10-year-old son was apprehended in 2008.

Provincial family court Judge Ted Carruthers quashed the statement of claim on Tuesday after an Alberta government lawyer, representing the Oregon Attorney General at the hearing, made the request.

"I think it's a huge stepping stone. It goes toward some sort of closure for my family," a smiling Kirkman told reporters outside court after the ruling. "I never expected to be sued for the costs of essentially kidnapping my son and holding him."

So, when I had gotten him back, it (the lawsuit) was like a stab in the back after that point. I feel that I've been vindicated somewhat and the path has been made a little smoother for me to help my family get some closure and move forward.

Court heard the Oregon lawsuit was for $7,500, but that was nowhere near the final figure that would have been sought by the state had it gone further.

Kirkman thanked her previous lawyer Tony Merchant for helping get her son back from Oregon and current lawyer Daniel Mol for getting the latest burden off her back.

Mol said while one phase of the case has ended, he intends to file a statement of claim against Oregon on behalf of his client for her ordeal and costs.

We're glad the state of Oregon has a sense of shame. It's nice to have this obstacle behind us, Mol said outside court. Next, our intention is to continue with the lawsuit against the state of Oregon in the United States.

Finally, the purpose of that lawsuit will be compensation for . . . for Lisa and their family. But, more importantly, to send a message to foreign jurisdictions: Don't mess with Canadians. (Also) there is a network of professionals in Canada so, if you are stranded abroad, we want you to know you are not alone.

There's a network that wants to help you. So, let us know.

The case had been set to be heard on Dec. 14, but was brought forward after the state of Oregon sent Mol a letter of intention to drop its lawsuit.

Kirkman previously told a judge at a hearing on Sept. 14 that she is still legally married to the stepfather, who helped raise the boy and was with him in Oregon on a holiday when he was apprehended.

The boy was discovered riding a bicycle without a helmet and placed in foster care.

She said the now 12-year-old boy's biological father disappeared a month after the child was born and has never been located, despite extensive efforts, and has never had any legal guardian rights.

Kirkman, who got her son back in June and was caught off guard when told of the claim in July, said she was at times frustrated by the court process.