Chapter 34

Jack entered the courtroom on Friday with his client at his side.

Zahra was more nervous than Jack had ever seen her. The possibility of Farid snatching away her hard-fought victory was more

than she could bear.

“I would rather have lost before Judge Carlton than lose Yasmin this way,” she’d told Jack before the hearing, seeming to

expect the worst. Jack completely understood. She’d not merely tasted victory; she’d lived it, if only for a few hours.

Judge Carpenter’s announcement at the outset of the hearing only heightened the concern.

“Counsel, I had originally set aside the entire day for this matter. Unfortunately, that is no longer possible. I can give

you one hour. Adjust your presentations accordingly.”

Zahra leaned closer and whispered, “She’s already made up her mind, hasn’t she?”

“Then we’ll have to change it,” he whispered back.

“Ms. Beech, please proceed,” the judge said.

Farid’s lawyer rose and stepped to the podium. “Judge, we have no problem with the abbreviated schedule. In fact, we could

do this in one minute, much less one hour.”

Her assistant brought up an image on the courtroom’s LCD screen.

“Your Honor, on the left side of the screen is an order entered by the Iranian family court. On the right is a certified translation.

Mr. Bazzi seeks enforcement of this order. The pertinent language, highlighted in yellow, states that Farid Bazzi ‘shall have

full and sole custody of Yasmin Bazzi upon her seventh birthday.’”

The judge peered out over the top of her reading glasses. “Is Yasmin seven years of age?”

“Yes, Your Honor. Her seventh birthday was on Monday.”

“Is there any dispute as to the child’s age, Mr. Swyteck?”

Jack didn’t like stipulating to facts without understanding the legal significance, but he was in no position to quibble,

having attended the party.

“No dispute,” said Jack.

“Next slide,” Beech told her assistant, and a new image appeared.

“Judge, it is important to understand that this order is consistent with mandatory provisions in the Iranian civil code, which

I have put on the screen for the court’s convenience. The code explicitly provides that a daughter ‘will remain under the

custody of the mother till seven years’ and ‘after the lapse of this period custody will devolve on the father .’ Under Iranian law, the period of custody for Zahra Bazzi as mother has ended. The father’s custody must begin. Under US

law, this court must enforce the order. Case closed.”

Beech returned to her seat.

“Counsel, thank you for your brevity,” the judge said. “Mr. Swyteck, what’s your position?”

Jack rose. “Your Honor, I wish I could tell you that—suddenly and out of nowhere—an order from an Iranian court has appeared

and my client has been granted sole custody. But I can’t. I wish I could point to provisions of the Iranian family code—which,

by the way, is stacked against women. But I can’t. All I can say is this.

“Any requirement under Iranian law that custody of a daughter automatically transfers to the father at age seven can’t possibly

apply where a US federal judge has just decided that returning her to her father would put her in grave danger of physical

and psychological abuse. Any argument otherwise should shock the conscience of this court.”

“Mr. Swyteck, I understand your argument,” the judge said. “And it certainly has some weight. But I’ve also read the cases

cited in Ms. Beech’s brief. It would appear that the law is not on your side.”

Farid’s lawyer interjected. “That’s exactly right, Judge. The leading case on this point involved a family from Turkey. The mother won the Hague proceeding based on allegations of abuse by the father. The father filed suit in state court in New Hampshire to enforce a custody order from the Turkish court awarding him sole custody. The supreme court said that the custody order entered by the Turkish court must be enforced. It’s exactly the

situation here.”

“It’s not the same,” Jack fired back. “In the Turkey case, the Turkish court considered and rejected the mother’s allegations

of abuse. Here, no Iranian court has even considered Zahra’s allegations, much less rejected them. The only court to consider

the issue was Judge Carlton, who found that returning Yasmin to her father presents a grave danger of physical or psychological

harm.”

“Judge, what Mr. Swyteck is telling you is flatly incorrect. An Iranian court did consider Zahra’s allegations of abuse.”

That was news to Jack.

“When did the Iranian court consider this issue?” the judge asked.

“Farid filed a custody action in Iran. Zahra’s lawyer appeared at the hearing in Tehran and presented evidence on her behalf.

The Iranian court ruled in favor of Farid and granted custody to Farid, effective upon Yasmin’s seventh birthday. It was all

part of the proceeding that resulted in the order we seek to enforce.”

Jack was completely blindsided. He needed to regroup.

“Your Honor, could I have a few minutes to confer in private with my client?”

“I’m sorry, Mr. Swyteck. I have enough work for three judges today. As soon as we adjourn here, I’m moving on to the next

hot mess. Mute your microphone and sort it out here. I’ll give you two minutes.”

“Yes, Judge,” he said, and he muted the mic.

“This is a sham,” said Zahra. Her voice was a whisper, but it was filled with urgency.

“Do you know anything about a hearing in Iran?”

“No!” she said in the same urgent whisper. “And I never hired an Iranian lawyer. This so-called order is completely bogus.

You have to do something!”

Jack rose and addressed the court.

“Your Honor, I appreciate that the court’s time is limited today. But we need time to investigate the circumstances surrounding

the entry of this custody order. My client has reason to believe that it is a complete fabrication. We would ask that the

court schedule this matter for a full evidentiary hearing to make sure that a fraud is not being perpetrated.”

Farid’s lawyer fired back, filled with indignation. “Oh, we’re making accusations of fraud now, are we? Judge, I would point

out that the order Mr. Swyteck characterizes as a ‘fraud’ has been legalized for use in the United States in accordance with

all requirements of the Office of Authentications of the US Department of State. It is valid and authentic on its face.”

Jack was reluctant to pick another fight with the State Department, but mention of the formal process of “legalization” only

confirmed his suspicions.

“Your Honor, Ms. Beech’s explanation underscores the need for a full hearing. I’ve gone through the process of legalizing

orders by foreign courts so that they can be enforced in the United States. It can take months, even when the US has diplomatic

relations with the country in question. Here, we’re talking about a court order from Iran, where the United States doesn’t

even have an embassy. Yet the entire process—including the final certificate of legalization issued by the State Department—was

completed in less than three weeks.”

The judge narrowed her eyes, apparently less than receptive to Jack’s point. “Mr. Swyteck, are you suggesting that the State

Department is part of a fraud on the court?”

Jack didn’t shrink under her stare, but it was plain to see that it wouldn’t help matters for him to say, Yes, Judge, that’s exactly what I’m saying .

“Your Honor, I’m merely suggesting that we need time to look into this matter.”

“Time?” said Beech. “Judge, they’ve had enough time. What about the time my client has spent waiting to be with his daughter

again?”

Jack was about to respond, but the judge shut it down.

“I’m prepared to rule,” she said. “Counsel, please be seated.”

Jack lowered himself into his chair. It was tempting to say that the fix was in before he and Zahra had entered the courthouse—that the US government had been forced to make yet another concession to the Iranians in the ongoing negotiations. But Jack held his tongue.

“In the matter of Bazzi versus Bazzi,” the judge said, speaking slowly enough for the court reporter to get every word, “it

is hereby ordered that the petitioner’s request to enforce the order of custody issued by the Family Court of the Islamic

Republic of Iran is granted. Counsel and their clients are directed to complete an orderly exchange of the child, Yasmin Bazzi,

within twenty-four hours. We are adjourned.”

The pistol-shot crack of the gavel ended the matter, and Zahra’s reaction completed the metaphor. It was as if the judge had

drawn a pistol from beneath her robe and shot her dead from the bench. Just that quickly, and with the blessing of the US

Department of State, Zahra had gone from winner to loser.

Farid’s lawyer approached the respondents’ table, just as she had at the conclusion of the Hague proceeding. But this time

the message was different.

“Now this is justice,” she said.

Jack watched as she and Farid headed for the exit. “I’m so sorry, Zahra,” was all he could say.