Baby Harvey: American Fork couple wins round

PROVO — The American Fork couple who want to finalize an adoption are breathing a sigh of relief for now but realize their fight to keep baby Harvey is far from over.

"It's a battle," said Cally Nielson, 24.

Fourth District Judge James Taylor declined to enforce an Idaho court order that would have placed the 7-month-old baby with the birth father, Matt Tenneson, 20, of Coeur d'Alene.

Attorneys representing the Nielsons, Tenneson, the birth mother, and the adoption agency LDS Family Services, appeared in a court hearing Friday afternoon in Provo.

Taylor's ruling means baby Harvey will remain with the Nielsons, at least for now. More court hearings will be scheduled.

In court Friday, Cally Nielson sat holding back tears while her mother, Anette Stephens, of Highland, put her arm around her. Jed Nielson, 26, sat leaning forward on the bench, his hands clenched together.

The Nielsons' attorney, Larry Jenkins, told the judge he believed he should refuse to confirm the Idaho custody order and leave baby Harvey with the Nielsons for two reasons: first, the Idaho court lacked jurisdiction over the baby; and second, the Nielsons weren't served notice of the Idaho proceedings or allowed to participate.

Taylor ruled as he did Friday because neither the Nielsons nor LDSFS were notified of the court proceedings in Idaho, nor were they allowed to participate.

"All I want is a fair trial — a right to be heard," Cally Nielson said.

However, regarding the jurisdiction issue, Taylor said he will have to come back to that. He said he intends to take evidence in a future hearing and make an informed decision.

Tenneson's attorney, Brent Chipman, said Tenneson has legal rights to his son. He argued against using Utah as an appeals court. "We tried in Idaho and couldn't do it, so now we're going to try here?" he said.

Jenkins said he felt the judge's ruling was appropriate.

"It was really the only way he could go, based on what the law says," Jenkins said. "The Nielsons are doing a good job taking care of Harvey and they are going to be allowed to continue to do that — at least in the short run."

Cally's father, Flint Stephens, of Highland, said, "It's nice to win one finally. We'll take any victories we can get."