
Where EAST meets the Northwest

FAMILY MATTERS. Eight-year-old Anna He, 8, center, poses with her biological
family in their apartment in Memphis, Tenn. Anna was reunited with her Chinese
family after a lengthy court battle for custody. (AP Photo/Greg Campbell)
From The Asian Reporter, V18, #2 (January 8, 2008), page 8.
Dad says girl at center of custody fight heading to China
By Woody Baird
Associated Press Writer
MEMPHIS, Tenn. — An 8-year-old girl who was taken from an American couple and
returned to her Chinese parents after a seven-year custody fight faces another
big adjustment — moving to China.
Anna Mae He rejoined biological parents Shaoqiang and Qin Luo He in July
under orders from the state Supreme Court. She grew up with American foster
parents who took her in as an infant to help her financially strapped parents
and then refused to give her back.
Now, with the custody fight settled, Anna’s family faces deportation, and her
father says it’s time to head home to China.
"We always wanted custody to move back to China as a family," He said
recently at his family’s small, two-bedroom apartment on the outskirts of
Memphis.
Shaoqiang He came to Tennessee to attend graduate school at the University of
Memphis, but his student visa expired years ago. He was allowed to remain in the
United States because of the custody fight, which began in May 2000 and ended
with the high court ruling last January.
An immigration judge agreed four years ago to delay ruling on the Hes’
immigration status, but He said the decision can come any time now. He said he
expects to return to China by the end of February.
Ashok Kara, a family psychologist working with the Hes on Anna’s transition,
said she is warming toward her parents and gets along well with brother Andy, 7,
and sister Avita, 5.
"At least on the surface, things are moving in a very positive direction.
She’s happy. She talks. She laughs. She jokes," Kara said. "Although beneath the
surface where things are not easily observed, we don’t quite know what’s going
on."
A third-grader, Anna earned all "As" on her latest report card. "She
participates well when called up," her teacher wrote. "I enjoy having her in
class."
Former foster parents Jerry and Louise Baker won a court order five years ago
barring the Hes from any contact with Anna, so she is still just getting to know
her parents and siblings.
But piled up on a living room sofa one recent evening to watch TV cartoons,
Anna, Andy, and Avita shared the easy laughter of comfortable playmates.
"She has been learning Chinese, but she’s a little bit afraid of the
language," her father said. "But she’s becoming more curious about China. She
asks about the schools, the teachers, the children, what’s the subjects that are
taught."
Anna was born in January 1999 with her parents facing hard times financially
and legally. Shaoqiang He was accused of sexual assault by a female student at
the university, a charge that cost him his scholarship and student stipend,
although he was ultimately acquitted at trial.
The Bakers, a suburban Memphis couple with four children of their own, were
introduced to the Hes through a private foster-care organization. They
volunteered to take Anna in for a few months but decided later to try to adopt
her, even though the Hes wanted her back.
The Bakers accused the Hes of being unfit parents and argued that Anna would
have a better life in America than in China.
In 2004, a Memphis judge took away the Hes’ parental rights on grounds of
abandonment, a decision that drew widespread criticism as culturally and
ethnically biased.
The Tennessee Supreme Court ruled the Hes thought they were giving up their
daughter for a short time so she could get health insurance and lost custody
largely because of an ignorance of American law. It ordered the family to be
reunited.
He has supported his family with a series of low-paying jobs, often working
at Chinese restaurants and most recently as a church janitor. He said he expects
to find a better job in China, perhaps teaching at a private elementary or
secondary school that teaches English and will accept his children as students.
Kara, the psychologist, said he had hoped Anna Mae would have more time to
bond with her family before moving to a country with an unfamiliar culture and
language.
"But the way things were set up, they were allowed to stay here until a
resolution (of custody), and the resolution has taken place," he said.
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