Calgary boy to return after 2 years in U.S.

A United States judge has ruled a 12-year-old Calgary boy can return to Canada after being shuffled through a series of foster homes in Oregon for nearly two years.

Lisa Kirkman says her son Noah Kirkman, who was 10 years old at the time, was picked up by Oregon police for not wearing his bike helmet while on a summer vacation with his stepfather in 2008.

U.S. officials didn't recognize Noah's stepfather as a legal guardian, so the boy was sent to a foster home.

After a long legal battle, a U.S. judge ruled on Friday that Noah would be allowed to return to Canada.

"I'm elated," Kirkman said. "Finally. It's been so long and we finally have a solid yes, he is going home, absolutely for sure he is going home."

Kirkman said the news is hard to believe after waiting so long to bring Noah home.

"I think this whole process has maybe has broken me a little bit," she said. "I also have a little bit of trepidation still because, really, until I actually have him in my arms it's hard for me to fully embrace the idea that he is for sure coming home."

Noah's grandmother Phyllis Heltay saidthe boywas thrilled when he heard the news.

"We came into the room and we hugged and kissed and laughed and cried," she said. "He was excited and talking about getting his bike home and packing his stuff. He wants to take all his stuff."

A date for Noah's return has not yet been set, but his family says it likely won't be until at least the end of June, when the school year is finished.

The judge ruled that Noah will first live with his grandparents in Calgary and then eventually move back in with his mother once he has had time to adjust.

Kirkman believes the case was delayed because U.S. justice officials were hung up on the fact she has edited marijuana-related magazines and has a criminal record for growing medical marijuana for her husband.