April 06, 2009

Playing for Keeps

Although I missed the first half, I was able to catch the final hour of the movie "Playing for Keeps".

It was about the custody case of a bi-racial boy, Elijah. His parents, Kimberly Van de Perre and Theodore "Blue" Edwards had a precedent setting custody battle, a little over 10 years ago.

Edwards earned millions as a pro-basketball star, while Van de Perre was a hotel receptionist. She was single. He was married [with numerous affairs] with twin daughters.

The BC Supreme Court initially awarded Van de Perre sole custody of Elijah finding her a better parent, saying the central question was whether the child would be better off with his natural mother or father, dismissing race as the main issue. The British Columbia Court of Appeal reversed that decision. The court said the trial judge failed to properly consider the significance of the child's race and the parents' lifestyles. Edwards could provide more as he was rich and black, looking more like the child and better suited to deal with racism.

The Supreme Court of Canada finally ruled in favour of Van de Perre. In a unanimous decision [having all nine appeal judges there], the court decided that four-year-old Elijah would be better off with Kimberly Van de Perre than with Theodore "Blue" Edwards, saying it was wrong to highlight race as an issue in the case. And it disagreed with the Appeal Court's negative assessment of Van de Perre's parental ability and situation.

I will note that prior to that decision, adoptive parents lost their children of more than two years because the children were native. The courts ruled the children should have stayed with extended native family members rather than the adoptive parents.

I personally am thankful for the precedent setting case ruling in favour of Van de Perre. Who knows what kind of effect the ruling would have had on all our lives had it gone the other way.

9 comments:

hazel said...

Funnily enough, I missed the first half too. I'm glad that nightmare is over and the child is with his mother, where he belongs.

Sharla said...

I have it taped and look forward to watching it one night this week. I have the feeling I am going to need some kleenex.

Sandra Knight said...

thanks for that i have to update the story, btw you can watch the movie on ctv website if you missed part of it. sk

Anonymous said...

I knew Kimberly and were we dating during this time. (court hearings) She is/was will always be an awesome mom to Elijah.
I wish her and her family the best of everything. I had not heard that this movie was made but will seek it out.

Me... ;-)

Anonymous said...

Hi there, I AM Kimberly Van De Perre and I'd like to thank you so much for your comments and support. Just knowing that there were people out there who were on my "team" means so much to me. I am so proud that I found the strength to fight for what was right and that my fight has inspired others and made life easier for cross cultural adoptions and households.
As for the person who was dating me at the time of the hearings... who the heck are you?! I really appreciate what you said, but as you can imagine, much of what was happening in my life at that time is now a blur. Fill me in!

Thanks again, and FYI - u can indeed watch the movie on CTV's website. Bless

Anonymous said...

So sad though that mom and son lost that year together, how creepy of the dad to go after custody.

Anonymous said...

i am a African American woman and i think that Elijah belongs with his mom! and to think his dad got custody of him first was crazy! but i am so happy in the end he ended back with his real mom!

Anonymous said...

I just stumbled on this blog. I was a friend of Kimberly's at the time of all the court sessions, though we have since lost touch. I'm trying to track her down to reconnect. I didn't know about the movie, but I'll try to hunt it down. The main issue with the Supreme Court decision was on a point of law; race was never introduced in the lower court, only in the appeal. Apparently it was a precedent setting case here in Canada. Blue Edwards treatment of both Kimberly and Elijah was abusive; I trust they've gone on to a better life.

Anonymous said...

Hello everyone, my name is Elsa Ocana Valdez from El Paso Texas. I'm a single and proud mother of a 15 year old son. Up until today my son's father still threatening me to take my son away including his wife. They harass me and humiliate me in Walmart and anywhere I ran into them.

No matter what the kids belongs with their mothers-- of course other wise. This is a sad story and I know Elijah belongs with his mother. The father nor his wife cared for the child; all they wanted was some kind of revenge... God Bless you Elijah and mother...