Page 101 of Grave Danger
That was news to Jack.
“When did the Iranian court consider this issue?” the judge asked.
“Farid filed a custody action in Iran. Zahra’s lawyer appeared at the hearing in Tehran and presented evidence on her behalf. The Iranian court ruled in favor of Farid and granted custody to Farid, effective upon Yasmin’s seventh birthday. It was all part of the proceeding that resulted in the order we seek to enforce.”
Jack was completely blindsided. He needed to regroup.
“Your Honor, could I have a few minutes to confer in private with my client?”
“I’m sorry, Mr. Swyteck. I have enough work for three judges today. As soon as we adjourn here, I’m moving on to the next hot mess. Mute your microphone and sort it out here. I’ll give you two minutes.”
“Yes, Judge,” he said, and he muted the mic.
“This is a sham,” said Zahra. Her voice was a whisper, but it was filled with urgency.
“Do you know anything about a hearing in Iran?”
“No!” she said in the same urgent whisper. “And I never hired an Iranian lawyer. This so-called order is completely bogus. You have to do something!”
Jack rose and addressed the court.
“Your Honor, I appreciate that the court’s time is limited today. But we need time to investigate the circumstances surrounding the entry of this custody order. My client has reason to believe that it is a complete fabrication. We would ask that the court schedule this matter for a full evidentiary hearing to make sure that a fraud is not being perpetrated.”
Farid’s lawyer fired back, filled with indignation. “Oh, we’re making accusations of fraud now, are we? Judge, I would point out that the order Mr. Swyteck characterizes as a ‘fraud’ has been legalized for use in the United States in accordance with all requirements of the Office of Authentications of the US Department of State. It is valid and authentic on its face.”
Jack was reluctant to pick another fight with the State Department, but mention of the formal process of “legalization” only confirmed his suspicions.
“Your Honor, Ms. Beech’s explanation underscores the need for a full hearing. I’ve gone through the process of legalizing orders by foreign courts so that they can be enforced in the United States. It can take months, even when the US has diplomatic relations with the country in question. Here, we’re talking about a court order from Iran, where the United States doesn’t even have an embassy. Yet the entire process—including the final certificate of legalization issued by the State Department—was completed in less than three weeks.”
The judge narrowed her eyes, apparently less than receptive to Jack’s point. “Mr. Swyteck, are you suggesting that the State Department is part of a fraud on the court?”
Jack didn’t shrink under her stare, but it was plain to see that it wouldn’t help matters for him to say,Yes, Judge, that’s exactly what I’m saying.
“Your Honor, I’m merely suggesting that we need time to look into this matter.”
“Time?” said Beech. “Judge, they’ve had enough time. What about the time my client has spent waiting to be with his daughter again?”
Jack was about to respond, but the judge shut it down.
“I’m prepared to rule,” she said. “Counsel, please be seated.”
Jack lowered himself into his chair. It was tempting to say that the fix was in before he and Zahra had entered the courthouse—that the US government had been forced to make yet another concession to the Iranians in the ongoing negotiations. But Jack held his tongue.
“In the matter of Bazzi versus Bazzi,” the judge said, speaking slowly enough for the court reporter to get every word, “it is hereby ordered that the petitioner’s request to enforce the order of custody issued by the Family Court of the Islamic Republic of Iran is granted. Counsel and their clients are directed to complete an orderly exchange of the child, Yasmin Bazzi, within twenty-four hours. We are adjourned.”
The pistol-shot crack of the gavel ended the matter, and Zahra’s reaction completed the metaphor. It was as if the judge had drawn a pistol from beneath her robe and shot her dead from the bench. Just that quickly, and with the blessing of the US Department of State, Zahra had gone from winner to loser.
Farid’s lawyer approached the respondents’ table, just as she had at the conclusion of the Hague proceeding. But this time the message was different.
“Nowthisis justice,” she said.
Jack watched as she and Farid headed for the exit. “I’m so sorry, Zahra,” was all he could say.
Chapter 35
Zahra picked up her daughter from school at the usual time. At the usual place. And asked the usual question.
“What did you learn today, sweetie?”