Page 100 of Grave Danger
“Be smart about this, Agent Henning.”
“I’m a lot of things. But stupid is not one of them.”
Andie grabbed her cup and headed for the door.
Chapter 34
Jack entered the courtroom on Friday with his client at his side.
Zahra was more nervous than Jack had ever seen her. The possibility of Farid snatching away her hard-fought victory was more than she could bear.
“I would rather have lost before Judge Carlton than lose Yasmin this way,” she’d told Jack before the hearing, seeming to expect the worst. Jack completely understood. She’d not merely tasted victory; she’d lived it, if only for a few hours.
Judge Carpenter’s announcement at the outset of the hearing only heightened the concern.
“Counsel, I had originally set aside the entire day for this matter. Unfortunately, that is no longer possible. I can give you one hour. Adjust your presentations accordingly.”
Zahra leaned closer and whispered, “She’s already made up her mind, hasn’t she?”
“Then we’ll have to change it,” he whispered back.
“Ms. Beech, please proceed,” the judge said.
Farid’s lawyer rose and stepped to the podium. “Judge, we have no problem with the abbreviated schedule. In fact, we could do this in one minute, much less one hour.”
Her assistant brought up an image on the courtroom’s LCD screen.
“Your Honor, on the left side of the screen is an order entered by the Iranian family court. On the right is a certified translation. Mr. Bazzi seeks enforcement of this order. The pertinent language, highlighted in yellow, states that Farid Bazzi ‘shall have full and sole custody of Yasmin Bazzi upon her seventh birthday.’”
The judge peered out over the top of her reading glasses. “Is Yasmin seven years of age?”
“Yes, Your Honor. Her seventh birthday was on Monday.”
“Is there any dispute as to the child’s age, Mr. Swyteck?”
Jack didn’t like stipulating to facts without understanding the legal significance, but he was in no position to quibble, having attended the party.
“No dispute,” said Jack.
“Next slide,” Beech told her assistant, and a new image appeared.
“Judge, it is important to understand that this order is consistent with mandatory provisions in the Iranian civil code, which I have put on the screen for the court’s convenience. The code explicitly provides that a daughter ‘will remain under the custody of the mother till seven years’ and ‘after the lapse of this periodcustody will devolve on the father.’ Under Iranian law, the period of custody for Zahra Bazzi as mother has ended. The father’s custody must begin. Under US law, this court must enforce the order. Case closed.”
Beech returned to her seat.
“Counsel, thank you for your brevity,” the judge said. “Mr. Swyteck, what’s your position?”
Jack rose. “Your Honor, I wish I could tell you that—suddenly and out of nowhere—an order from an Iranian court has appeared and my client has been granted sole custody. But I can’t. I wish I could point to provisions of the Iranian family code—which, by the way, is stacked against women. But I can’t. All I can say is this.
“Any requirement under Iranian law that custody of a daughter automatically transfers to the father at age seven can’t possibly apply where a US federal judge has just decided that returning her to her father would put her in grave danger of physical and psychological abuse. Any argument otherwise should shock the conscience of this court.”
“Mr. Swyteck, I understand your argument,” the judge said. “And it certainly has some weight. But I’ve also read the cases cited in Ms. Beech’s brief. It would appear that the law is not on your side.”
Farid’s lawyer interjected. “That’s exactly right, Judge. The leading case on this point involved a family from Turkey. The mother won the Hague proceeding based on allegations of abuse by the father. The father filed suit in state court in New Hampshire to enforce a custody order from the Turkish court awardinghimsole custody. The supreme court said that the custody order entered by the Turkish court must be enforced. It’s exactly the situation here.”
“It’s not the same,” Jack fired back. “In the Turkey case, the Turkish court considered and rejected the mother’s allegations of abuse. Here, no Iranian court has even considered Zahra’s allegations, much less rejected them. The only court to consider the issue was Judge Carlton, who found that returning Yasmin to her father presents a grave danger of physical or psychological harm.”
“Judge, what Mr. Swyteck is telling you is flatly incorrect. An Iranian courtdidconsider Zahra’s allegations of abuse.”