Lessons from Arthur & Mather
It is not very often an attorney comes out and admits being helpless against a certain fight for a noble cause. With the appropriate resources, an attorney (in theory) should be able to fight the battle of David versus Goliath (David being the attorney). There are instances where, admittedly or not, attorneys are roped in achieving their final goals.
Today marks this day for me. The fight is not yet over but the tragic finish line is imminent. The story begins with two little African children, who both had difficult births and infancy development. These two children are full siblings. Let's call the first-born Mather and the second-born Arthur. Mather is eighteen months older than Arthur but Arthur was born HIV positive. Before long, they were declared as wards of the State and eventually became orphans.
Marher is moved to a small baby sanctuary under the care of a particular house mother (let's call her Mother Hen). She identifies a suitable candidate for this child to one day live with permanently. Let's call this interested parent Gogo, a female African retired former teacher. Mother Hen asks Gogo what sort of child she is looking for, and Gogo says she wants a family consisting of a bother and a sister. Mother Hen tells her that she does not have this at the moment but she did have a little girl who wants a home. So, Mother Hen lets Gogo bond with Mather. One day, Mother Hen tells Gogo that Mather's mother gave birth to a son (Arthur) who was very ill in hospital but who they expect will come to the home in six months. Gogo is eager to meet Arthur and makes regular check-ups with Mother Hen as to when she and Mather will be able to meet him. When that day finally came, Gogo fell in love with Arthur in the same way that she loved Mather. Little did she know, however, that Arthur was also bonding with another interested parent (let's call her Tannie, a female English IT professional). For two years, Gogo (with Mather) and Tannie visit little Arthur at the sanctuary, each not being aware of the other.
Suddenly, Mother Hen leaves the home and the children are then under a new house mother, whom we will call Nanny. This mother is made aware of Gogo, Tannie and Mather. All three continue to bond with Arthur until one day, both Gogo and Tannie become aware of one another. It is now too late for either of them to remove themselves from little Arthur's life. So, Nanny agrees to let both Gogo and Tannie spend equal time with Arthur. But, Gogo did not know that Tannie was actually a volunteer at the home and so she spent more time with Arthur than Gogo and Mather did. They each spent time with Arthur which at first was hours only. These hours became days, days became nights, nights became weekends, until eventually Gogo and Tannie were each allowed to take Arthur home on weekly rotations.
The Big Guns of Government ("BGG") had entered the arena by this time and made a decision that, because Gogo was looking after Marther, little Arthur should go and live with her and should see Tannie over alternate weekends. They were each trained on how to give Arthur his medication.
Sadly, Gogo and Tannie did not get along. In fact, Gogo was worried that little Arthur was being abused by Tannie. Gogo tried to seek proper attention for this but nobody was willing to listen to her. Eventually, she herself complained to the Even Higher Guns ("EHG") and the EHG then asked the BGG to look into it. In the meantime though, little Arthur was tossed between Gogo an Tannie always believing he had two mothers.
A time came for both Gogo and Tannie to make it formal and ask to adopt little Arthur. Only Gogo had encouraged the bonding between Arthur and his sister, Mather, and at the same time herself bonding with Arthur. Tannie bonded only with Arthur and not Mather. So they both applied to the Court for adoption of this special little HIV positive boy whom they each loved in their own special way. They each justified their reasons and their beliefs that the other was less suited than her.
We are now at a stage where the Court has sat for fourteen days of listening and reading evidence of various forms with either side having to substantiate why she is more suited to adopt Arthur. Gogo's reason is that she loves him, and she wants to unite the family. Tannie's reason is that she loves him and can afford to look after him in a better way than Gogo. Tannie is eleven years younger than Gogo (who is a pensioner).
It has become so acrimonious such that allegations of bias are flying from one side to the other against various officials. Tannie believes that the BGG are biased towards Gogo, and Gogo believes that the Court and all independent experts are biased towards Tannie. Gogo also believes she is being discriminated against because of her age and finances.
So, in conclusion, both Gogo's adoption application and Tannie's adoption application are going ahead. Bias is still a problem. In Gogo's case, she has asked two senior officials from the BGG to testify as to why they are not biased and are rather concerned that Arthur and Mather will be separated. In Tannie's case, the bias is less obvious and more procedural. Gogo's concern is that the Court has already decided who should adopt Arthur. It appears to me that Gogo's concern is not far from the truth. The biggest problem is that both Gogo and Tannie started this process almost six years prior and so this little boy needs finality and structure.
There have been many times where the Court, without proper justification, has allowed certain evidence which would be otherwise unacceptable, whilst also disallowing evidence which would be otherwise acceptable. My gravest concern is that the Court will overlook the relationship of Arthur and Mather and will separate these siblings who have grown up together. Whilst it may be true that they did not live together for all of their lives, they most certainly spent enough time together for them to recognise and love one another as siblings. This is a matter of Fact and not a matter of Law. My biggest test of strength as a protagonist of justice is being able to do whatever is possible within my power to ensure these siblings live together and grow up together.
Hold Thumbs and make Positive Wishes!
Today marks this day for me. The fight is not yet over but the tragic finish line is imminent. The story begins with two little African children, who both had difficult births and infancy development. These two children are full siblings. Let's call the first-born Mather and the second-born Arthur. Mather is eighteen months older than Arthur but Arthur was born HIV positive. Before long, they were declared as wards of the State and eventually became orphans.
Marher is moved to a small baby sanctuary under the care of a particular house mother (let's call her Mother Hen). She identifies a suitable candidate for this child to one day live with permanently. Let's call this interested parent Gogo, a female African retired former teacher. Mother Hen asks Gogo what sort of child she is looking for, and Gogo says she wants a family consisting of a bother and a sister. Mother Hen tells her that she does not have this at the moment but she did have a little girl who wants a home. So, Mother Hen lets Gogo bond with Mather. One day, Mother Hen tells Gogo that Mather's mother gave birth to a son (Arthur) who was very ill in hospital but who they expect will come to the home in six months. Gogo is eager to meet Arthur and makes regular check-ups with Mother Hen as to when she and Mather will be able to meet him. When that day finally came, Gogo fell in love with Arthur in the same way that she loved Mather. Little did she know, however, that Arthur was also bonding with another interested parent (let's call her Tannie, a female English IT professional). For two years, Gogo (with Mather) and Tannie visit little Arthur at the sanctuary, each not being aware of the other.
Suddenly, Mother Hen leaves the home and the children are then under a new house mother, whom we will call Nanny. This mother is made aware of Gogo, Tannie and Mather. All three continue to bond with Arthur until one day, both Gogo and Tannie become aware of one another. It is now too late for either of them to remove themselves from little Arthur's life. So, Nanny agrees to let both Gogo and Tannie spend equal time with Arthur. But, Gogo did not know that Tannie was actually a volunteer at the home and so she spent more time with Arthur than Gogo and Mather did. They each spent time with Arthur which at first was hours only. These hours became days, days became nights, nights became weekends, until eventually Gogo and Tannie were each allowed to take Arthur home on weekly rotations.
The Big Guns of Government ("BGG") had entered the arena by this time and made a decision that, because Gogo was looking after Marther, little Arthur should go and live with her and should see Tannie over alternate weekends. They were each trained on how to give Arthur his medication.
Sadly, Gogo and Tannie did not get along. In fact, Gogo was worried that little Arthur was being abused by Tannie. Gogo tried to seek proper attention for this but nobody was willing to listen to her. Eventually, she herself complained to the Even Higher Guns ("EHG") and the EHG then asked the BGG to look into it. In the meantime though, little Arthur was tossed between Gogo an Tannie always believing he had two mothers.
A time came for both Gogo and Tannie to make it formal and ask to adopt little Arthur. Only Gogo had encouraged the bonding between Arthur and his sister, Mather, and at the same time herself bonding with Arthur. Tannie bonded only with Arthur and not Mather. So they both applied to the Court for adoption of this special little HIV positive boy whom they each loved in their own special way. They each justified their reasons and their beliefs that the other was less suited than her.
We are now at a stage where the Court has sat for fourteen days of listening and reading evidence of various forms with either side having to substantiate why she is more suited to adopt Arthur. Gogo's reason is that she loves him, and she wants to unite the family. Tannie's reason is that she loves him and can afford to look after him in a better way than Gogo. Tannie is eleven years younger than Gogo (who is a pensioner).
It has become so acrimonious such that allegations of bias are flying from one side to the other against various officials. Tannie believes that the BGG are biased towards Gogo, and Gogo believes that the Court and all independent experts are biased towards Tannie. Gogo also believes she is being discriminated against because of her age and finances.
So, in conclusion, both Gogo's adoption application and Tannie's adoption application are going ahead. Bias is still a problem. In Gogo's case, she has asked two senior officials from the BGG to testify as to why they are not biased and are rather concerned that Arthur and Mather will be separated. In Tannie's case, the bias is less obvious and more procedural. Gogo's concern is that the Court has already decided who should adopt Arthur. It appears to me that Gogo's concern is not far from the truth. The biggest problem is that both Gogo and Tannie started this process almost six years prior and so this little boy needs finality and structure.
There have been many times where the Court, without proper justification, has allowed certain evidence which would be otherwise unacceptable, whilst also disallowing evidence which would be otherwise acceptable. My gravest concern is that the Court will overlook the relationship of Arthur and Mather and will separate these siblings who have grown up together. Whilst it may be true that they did not live together for all of their lives, they most certainly spent enough time together for them to recognise and love one another as siblings. This is a matter of Fact and not a matter of Law. My biggest test of strength as a protagonist of justice is being able to do whatever is possible within my power to ensure these siblings live together and grow up together.
Hold Thumbs and make Positive Wishes!
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