Some cuts made by me to Kamille's post.
As you have stated, this is just my opinion but I have read nothing that implies that Indonesia has officially taken jurisdiction over Stella and/or her custody arrangements and nothing to indicate that either US court has been in contact with anyone in a legal position in Indonesia to discuss it.
A few comments:
1. Most of the time, no state entity exercises jurisdiction over a child. A child is born, parents raise it, and the question of someone else becoming the child's caregiver does not arise.
Until Kia Walker went to court asking to raise Stella, this was our situation: no one challenged Heather's right to raise the child, so no jurisdictional questions were even on the table.
2. When Kia went to court in Chicago asking for the child, jurisdictional questions were only then triggered. What happened:
--Judge Cohen said that as a judge in chancery court, he had no jurisdiction. This seems unquestionably correct to me.
--Judge Sullivan questions whether she has jurisdiction. Based solely on what al66pine has posted here, I believe Sullivan is quite right to question this.
So if they don't have jurisdiction, on what legal basis do they have the right to "discuss" anything?
That is the nub of the problem.
It appears to me that HM, the Australian couple and the Chicago based GAL have made the arrangements among themselves with the help of some charity organization and while it is possible that Stella has been granted an extended visa of some type, and everything has been done via legal channels, we haven't heard anything about that.
I agree that this is probably what has happened.
I'm not saying Judge Sullivan is ignoring any law. I'm just not sure that she is asking for the right information to determine what is in Stella's best interests here or that she's even asking for proof about whether the proper procedures have been adhered to in Indonesia.
But if she doesn't have jurisdiction, she's got no right to ask the questions.
Seems to me, once again in my opinion since we're lacking a lot of actual information, that both judges are content to let HM, a convicted accessory to murder doing 10 years in prison, call the shots as to what happens with Stella's guardianship for the next 8 years, with the approval of a US based GAL who is getting his info from some charity organization in Indonesia and trusting that the information he is receiving is accurate.
But that would be the case if Heather were in a US prison right now. The only difference would be that Stella wouldn't have been in the prison for two years.
Absent some legal finding against her with respect to making a placement of her child, Heather would get to "call the shots."
If she had been incarcerated in the US, that would have helped Kia's case immeasurably, since she could go to the local court and petition for guardianship. But she could go to Indonesia tomorrow and do this. Presumably she can't afford this, but she hasn't been barred by Indonesia from such a legal action.
How can a GAL in Chicago vet an Australian couple in Indonesia?
I don't believe the Chicago GAL has any legal right, lacking jurisdiction, to do any vetting. I could be wrong. I hope I am wrong.
How is Stella staying in the country without citizenship? Has Indonesia taken jurisdiction of her custody situation and given her a visa to stay in the country? Would they deny a petition by the child's paternal grandmother to adhere to the wishes of a foreigner imprisoned in their country? And what will happen in 8 years when HM is released from prison? Will she be deported and will Stella be deported with her if KW's petition fails? ...
ETA: These are not questions directed at you OrangeTabby, just questions I have in general about this whole arrangement.
I don't know the answer to these questions.