Ohio judge will address two Rifqa Bary cases in late October

An Ohio judge will address two cases involving teen runaway Fathima Rifqa Bary at a hearing in late October, Rifqa's Ohio lawyer told the Orlando Sentinel today.



A court in Columbus was supposed to take up one of the matters involving Rifqa today, but a magistrate judge decided Monday to set both cases -- a criminal case and a dependency case -- for a hearing Oct. 27, said Ohio lawyer Kort W. Gatterdam.


Gatterdam is representing Rifqa in the criminal matter. That case was prompted by a filing by Rifqa's father, Mohamed Bary, asking a judge to declare his daughter incorrigible for repeatedly being disobedient.


Gatterdam said he filed a motion to dismiss that case this morning.


In the mean time, Rifqa, 17, remains in Florida.


A hearing in Orange County juvenile court Monday brought more questions about her case than resolutions.


Orange Circuit Judge Daniel Dawson did nothing to change the custody of the teen, who has been living with a foster family in Central Florida since August.


In lieu of the Ohio legal developments, Dawson said he planned to talk to an Ohio judge to find out if there is a legitimate custody action in that state.


If so, Dawson would need to determine if and how long Florida's emergency jurisdiction should remain.


Rifqa made national headlines when she ran away from her home near Columbus, Ohio, took a bus to Central Florida and sought shelter with pastors Blake and Beverly Lorenz in July. She spent more than two weeks with the family until Aug. 10 when she was placed into state foster care, where she remains.


The teen said she feared her Muslim family would harm or kill her because of her conversion to Christianity.


Rifqa's family has denied any wrongdoing, and investigators in Ohio and Florida have not found evidence supporting Rifqa's claims.


In Orange County court Monday, Rifqa's Guardian Ad Litem, Krista Bartholomew, said she has "grave concerns" that the Ohio case would be dismissed as soon as Rifqa is sent back there.


Roger Weeden, the attorney for Aysha Bary, said the Ohio court has accepted jurisdiction and argued that all of the witnesses in Rifqa's case, from relatives to teachers, are there.
 
Rifqa's Florida case is set for mediation Oct. 9. Another proceeding in juvenile court is Oct. 13.



Amy L. Edwards can be reached at aledwards@orlandosentinel.com or 407-420-5735. Sarah Lundy can be reached at slundy@orlandosentinel.com or 407-420-6218.


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