Wednesday Apr 30th, 2025

Michigan Supreme Court to Decide Whether Trafficked Child’s Rights Must Take Precedence

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Center for the Rights of Abused Children Urges Michigan’s High Court to Protect a 9-Year Old Victim, Not Her Abuser

LANSING, MI — On Wednesday, May 7 at 11:30 a.m. ET, the Michigan Supreme Court will hear oral arguments in the case of In re Barber/Espinoza—a case that will determine whether a woman who trafficked her 9-year-old daughter can still claim parental rights.

The Center for the Rights of Abused Children filed a powerful amicus brief urging the Court to reverse a shocking appellate decision that reinstated the mother’s rights—including the right to forced visitation and state-funded efforts to reunify her with her victim—even after clear evidence showed the mother gave up her child to be raped in exchange for drugs.

“You don’t get a pass to harm a child just because you’re called mom,” said attorney Tom Jose, Director of the Center’s pro bono Children’s Law Clinic. “When a parent becomes a predator, the law must protect the child—not preserve a title. No child should be forced to face their abuser, and no court should force a child back into the hands that betrayed them.”

The appellate court’s ruling ignores established law and common sense. When a parent traffics their child, the state has the right—and the duty—to prioritize the child’s safety and immediately to terminate parental rights.

A child’s life is on the line. The Center urges the Michigan Supreme Court to stand firmly for children’s rights: No child should be treated as property. No child is for sale. Every child has a basic, inviolable right to be safe—and it’s the court’s duty to defend that right.

Watch the oral arguments live

Read our amicus brief

Download the PDF

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