Judge: Grandmother fit to take Moyie orphans

A Boundary County judge has determined that a grandmother from Argentina is fit to take custody of her two Moyie Springs grandchildren, whose parents died in a car accident on Oct. 3 in Chehalis, Wash.

The children’s other grandparents, who claimed grandmother Violeta Conti was unfit, will appeal the decision by Judge Justin Julian. Julian made his ruling after a three-day trial involving both parties in February.

A two-page handwritten will dated May 23, 2002, indicated accident victims Karl Heiss and his wife, Marisa Bauducco-Heiss, would want their children, Aliana, 12, and Alden, 7, to go to Marisa’s mother in Argentina if something happened to them.

The will also indicated that Karl Heiss’ parents, Fred and Annabelle Heiss of Malibu, Calif., would get the children one month a year.

The Heisses and their daughter, Maia Heiss, filed a lawsuit, claiming Conti was unfit to act as the guardian.

The Heisses gave 29 reasons for Conti being unfit, including an inability to communicate with the children since Conti speaks Spanish. The Heisses also said Conti could not meet the children’s educational needs set forth by Idaho code and were concerned that taking them to a strange place at a time when they need familiarity to deal with their loss would not be beneficial.

In Julian’s ruling, he wrote that he believes Aliana and Alden would enjoy a good life in Argentina. Julian noted that Conti is well suited for the job, but that’s not to say the Heisses are not.

“Evidence before the court suggests they would play an important role in the children’s lives as co-guardians,” Julian wrote.

Coeur d’Alene attorney Ramona Liesche, who represented Conti, noted that Conti immediately got involved with the care of the children as their parents had requested, including Aliana who remains at a rehabilitation center in Olympia, Wash.

There’s no evidence that Conti would be unfit, Liesche wrote in her closing arguments to the judge. Conti’s financial situation is extremely stable, with a solid retirement and no debt. She’s also of good moral character.

Julian determined that Alden, who suffered minor injuries in the accident, could immediately go to Argentina. It could be six months before Aliana goes because she has suffered “permanent life-changing injuries” that will require “major cranial reconstructive surgery.”

Prior to the ruling, both sets of grandparents currently share custody of the children. Annabelle and Fred Heiss are home-schooling Alden.