Grandparents battle over Moyie orphans

A Thursday custody hearing for two Moyie Springs siblings who lost their parents in an Oct. 3 car accident was canceled after the grandparents agreed to work toward a solution.

“We believe that would be the wish of the parents, having the two families work together,” said Ramona Liesche, a Coeur d’Alene attorney representing one of the parties.

Aliana Bauducco-Heiss, 11, and her brother Alden, 6, were left orphans after their parents, Karl Heiss and Marisa Bauducco Heiss, were killed in the car accident in Chehalis, Wash. Aliana remains in a coma at Seattle Children’s Hospital, while her brother suffered slight neck injuries and was released from the hospital.

The children’s grandmother on their mother’s side is Violeta Conti, who lives in Argentina and is represented by Liesche.

The children’s grandparents on their father’s side are Fred and Annabelle Heiss of Malibu, Calf. They are represented Sandpoint attorney Rex Finney.

According to court records, a two-page handwritten will dated May 23, 2002, indicated that the Heisses wanted their children to go to Marisa’s mother, should something happen to them.

The will also indicated the couple would want their children raised in their Idaho home. Once a year, the children could visit their other grandparents in California.

Fred and Annabelle Heiss also asked for custody of the children, according to court records. They claim that Conti speaks only Spanish and Alden does not know Spanish.

Fred and Annabelle Heiss also said if they are appointed guardians, they would be willing to move to Bonners Ferry to raise the children.

Liesche said that under Idaho law, if there is a handwritten will, its validity must be determined.

“It would have to be determined if it was written by the deceased person,” she said.

Liesche, however, believes it would be the Karl and Marisa Heiss’ wish that their parents work it out.

“They’re still grieving the loss of their children and Aliana’s medical condition,” she said. “They are working toward the best interest of the children.”