Attorney representing couple in custody battle files complaint against TN Supreme Court - Action News 5 - Memphis, Tennessee

Brooke Sanders reports

Attorney representing couple in custody battle files complaint against TN Supreme Court

We're learning more about efforts to place an 8-year-old girl at the center of a custody battle with her biological parents.

Both sides are set to meet back in Judge Curtis Person's chambers on Wednesday.

At that time, the judge will hear from the Guardian ad Litem for Anna Mae and the court-appointed psychologist.

You may remember about two weeks ago, the juvenile court took the first steps to reunifying 8-year-old Anna Mae with her biological parents, Jack and Casey He.

Anna has lived with Jerry and Louise Baker since she was just a few weeks old and has not seen the He's in several years.

In January, the Tennessee Supreme Court ordered Anna be given back to her biological parents.

During the past two weeks, the court has been trying to come up with a plan to reunite the little girl with her birth parents.

Larry Parrish, the attorney for the custodial parents says the last few weeks have been tough.

"The Guardian ad Litem and the psychologist have been doing the work and interviewing and meeting with some of the parties. Its been a difficult, difficult time its becoming a more and more tense time," says Parrish.

Parrish is still holding out hope that the He's and Baker's can come to some sort of agreement.

Parrish, however, has filed a complaint against the Justices of the Tennessee Supreme Court because he wants the judges to be held accountable for their actions.

Parrish says the Tennessee Supreme Court got it wrong when the Justices ruled Jack and Casey He didn't understand what they were doing when they signed custody of their daughter over to Jerry and Louise Baker.

"So, you had a concurrent finding between the trial court and the court of appeals that said that the He's did understand and they knowingly signed that consent order and then it got to the Supreme Court and the Supreme Court just totally ignored the concurrent findings rule," says Parrish.

Now, Parrish has filed a complaint with the Court of Judiciary asking that the TN Supreme Court Justices be reprimanded.

Legal Ethics Expert Lucian Pera says it's a stretch.

"Judges are supposed to be allowed to do the best they can in good faith in terms of making decisions on the law and on the facts without fear of being disciplined, being censured, being admonished whatever," says Pera.

Parrish agrees there probably won't be a reprimand. And, even if there is, it won't change the outcome of the custody battle.

So, he's considering seeking help from a higher court.

"They were not deciding this on constitutional grounds. So they left open for the U.S. Supreme Court to address constitutional grounds," adds Parrish.

If the He's and Bakers can't come to an agreement, he plans to ask the nation's highest court to step in.

We contacted the adminstrative offices of the TN Supreme Court. They cannot comment on the complaint.

We also talked with the other attorneys in the Anna Mae He case. They declined to comment as well.


Click here email Brooke Sanders.

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