Updated: Sun May. 30 2010 18:07:44

ctvcalgary.ca

A Calgary family is counting down the days until their son and grandson is returned to Canada.

12-year-old Noah Kirkman is in foster care in the state of Oregon even though he's a Canadian citizen.

A state judge ruled Friday he'll allow Noah to come back to Calgary after the school year is complete in mid-June.

"We do believe he's coming home," said Noah's grandmother Phyllis Heltay.

Noah was seized by Oregon authorities two years ago when he was caught riding a bicycle without a helmet.

The child was visiting his stepfather at the time, who is an American citizen, but doesn't have legal custody of the boy.

Noah has been living in foster homes in Oregon ever since.

On Friday, the judge ruled Noah could return home to Canada when the school year is over.

"I'm absolutely elated. I was literally speechless that he was actually coming home," said Noah's mother Lisa Kirkman.

Phyllis Heltay and her husband Mike Heltay were even granted permission to spend some time alone with their grandson while they were in Oregon testifying at the hearing.

"He was thrilled to see us, contrary to how they tried to make it sound like in the hearing, he was thrilled," said Mike Heltay.

Lisa Kirkman wasn't allowed to attend the hearing, but she was granted her first unsupervised telephone conversation with Noah since the ordeal began.

"I told him that I love him more than anything in the world," said Lisa Kirkman

Maria Sbert is a special investigator with the Missing Children Society.

She says she's never seen a case like this.

"I still do not understand fully the reasons why the state of Oregon decided to keep Noah Kirkman. I may never understand it, and it can't be just because he wasn't wearing a bike helmet. That's not a logical explanation," said Maria Sbert.

Lisa Kirkman wonders if it's because she's a licensed by the federal government of Canada to use marijuana for medicinal purposes.

She also edits a cannabis magazine.

Whatever the reason, she's just looking forward to the day her son is back on Canadian soil.

Her parents vow to fly to Eugene, Oregon to bring Noah back themselves.

The family is hopeful Noah will return home to Calgary shortly after school ends on June 17th.