Torry Hansen doesn't appear for deposition
By Brian Mosley
A judge will decide today whether to charge Torry Hansen with contempt of court for refusing to appear Monday for a deposition in a suit over her abandonment of a Russian boy she adopted.
Three weeks ago, Hansen was ordered by Circuit Court Judge Lee Russell to be deposed in the ongoing lawsuit filed against her by two adoption agencies for child support and breach of contract.
But in an exclusive T-G interview with Torry's mother Nancy, she said that even though her daughter was set to be deposed on Monday, she did not appear for the proceeding in Brentwood.
Larry Crain, attorney for the World Association for Children and Parents (WACAP), one of the parties suing Torry, confirmed this, stating Wednesday he has filed a motion to hold her in contempt of court, and expects that Russell will take up that matter this morning.
Russell will also hear a motion from Murfreesboro attorney Sandra Smith, who has asked to withdraw from representing Hansen after she fired Smith on Feb. 8
Legal in Russia
Hansen also claimed that the adoption of the child was revoked in Russia on June 7, 2011, stating that the process that Torry took in revoking it "was legal in Russia."
"That's why the federal government has said no law has been broken," Nancy explained. "Some officials in Tennessee tried to make a case of it, there were no laws broken under federal law. Under state law, there were no laws broken." No criminal charges were ever filed against the Hansens when the child was sent back in April of 2010
Crain confirmed that the Russian court decision was filed in Bedford County, requesting that it be given "full faith and credit," but Russell declined to grant that motion, ruling that the Russian decision could be cited as evidence in the case "but is not binding upon this court."
"The legal implications of that ruling have yet to be fully briefed, it does not change the relief we are seeking in this case," which is child support as well as damages for breach of contract, Crain explained, however, he was not at liberty to say how much they were seeking.
Hansen also claims that Tennessee "really had no say-so" over the matter, repeatedly stating that the adoption revocation was legal in the Russian Federation.
Nancy quoted Crain as making the statement, "'it really didn't have to happen like this, she could have taken him to the Department of Children's Services.' That's because that's the way they wanted it to happen," she charged.
"The bottom line of ... " the groups WACAP and NCFA, Hansen claims, "is money -- money and having children adopted, because National Council represents all these adoption agencies, and anytime these adoptions go down, they lose millions of dollars. It's all about dollars to them."
Malicious prosecution?
Nancy said that her family has spent about $60,000 on the case. "Now would it (the suit) have been for Torry just to pay child support? She probably wouldn't have paid that much, it's the principle of it. How much has NCFA and WACAP paid these attorneys (for) this malicious prosecution? They say they want Torry to set up a trust fund, why didn't they take all the money they spent (on attorneys)? They could have probably set up a $150,000 trust fund."
She additionally claimed that in the matter of the requested child support, under federal and state law, "the first thing you determine is that the person is the legal parent or has a parental relationship with the child," stating that Torry is not the legal parent and that Russell has the translated documents from the Russian Supreme Court stating that the adoption has been revoked.
"Doesn't that tell you that she is not the legal parent and that this case should not be going forward?" she asked.
Hansen said all they are asking is for the facts in the nearly two-year-old case to come out.
"When somebody wants to make a statement regarding those facts, they have a right to do so, but the facts are what matters in this case, not somebody's opinion," she said.