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Wednesday, April 7, 2010 as of 11:14 AM ET

U.S.

Serafin Gomez

Miami, FL

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Fla. Judge to Send Rifqa Bary Back to Ohio

October 13, 2009 - 5:14 PM | by: Serafin Gomez

BaryORLANDO, Fla. – Judge Daniel Dawson ruled that Ohio does have jurisdiction over this case instead of Florida, where Bary ran away too nearly 3 months ago, after claiming that her Muslim parents, in Ohio, would harm her once they discovered she had converted to Christianity.

However, prior to signing the final order that would send Bary back, the Judge said that he would need two groups of documents:

1) Immigration papers that proved Bary’s status in the United States. Bary’s parents’ attorneys were supposed to provided documents that showed she was here legally, but her court appointed guardian says they have failed to hand them over. Bary may be in the U.S. illegally, her side claims, and thus could be deported once transferred, unless those docs are provided. Bary’s father’s lawyer says they can hand over those documents “by the end of the week.”

2) Proof by the state of Florida that Bary can continue her virtual schooling, and receive credit in Ohio. Florida says she can, and that they could provide the material by end of day. Bary’s attorneys argued that they believed she would miss out on the semester because of her transfer. She is currently receiving straight A’s.

In a nutshell, the judge has decided to send Bary back to Ohio,but is waiting for these docs to be handed over. As soon as the court gets them, she gets sent over.

Bary is expected to be placed in foster care system and to be provided with psych evaluations. Parents are also ordered to receive psych evaluations.

Bary can be in Ohio as early as this week or perhaps by an Oct 23rd follow up hearing the judge set. He did say, again, that she could be on her way to Ohio earlier if the necessary documents were provided.

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