Kissinger asked Sorey and her probate attorney, Shelia M. Kaufold, questions on Monday and said they would need to furnish an authenticated copy of the jury verdict finding Adam Montgomery guilty of Harmony’s murder, and secure a $10,000 corporate surety bond to move forward.
Kissinger asked whether Sorey had any idea how much money she hopes to recover through a wrongful death lawsuit.
“I don’t believe we’ve gotten that far,” Sorey replied. “There’s not a set amount yet, I don’t believe.”
Kissinger said she will require regular status reports about the potential litigation and the probate court will review all attorney fees in the matter, regardless of whether they pertain to litigation in New Hampshire or Massachusetts.
Authorities in both New Hampshire and Massachusetts largely overlooked Harmony’s disappearance for two years, in a disturbing case that sparked public outrage and highlighted breakdowns in the child protection services between the two states.
Sorey, who lost custody of her daughter in 2018 as she struggled with substance abuse issues, had pushed for the girl to remain with a foster family while she sought to regain custody, but a Massachusetts judge instead awarded custody to Adam Montgomery in New Hampshire, despite his violent criminal history.
“I’m Harmony’s voice, and I’m her warrior,” Sorey told reporters Monday after her court appearance. “Everything I do is for her. I can’t let people forget.”
Sorey has said the girl’s father cut off contact in 2019. Her efforts to find her daughter grew frantic in late 2021, when she turned to Manchester police and the mayor’s office, triggering an investigation that led to Adam Montgomery’s arrest.
New Hampshire Governor Christopher T. Sununu sharply criticized the Massachusetts courts in January 2022 for the decision to place Harmony with a “monstrous drug dealer.”
But one of Sorey’s attorneys, Cyrus F. Rilee III, told the Globe in 2022 that child welfare workers in New Hampshire were ultimately responsible for Harmony’s disappearance because they didn’t remove her from Montgomery’s care following reports he abused her.
Rilee, who has said his client is pursuing claims against the state of New Hampshire, did not immediately respond to a request for comment about the probate judge’s decision.
New Hampshire’s child welfare system historically has been one of the most overworked and underfunded agencies of its kind in the country.
Sununu’s office released a seven-page report in February 2022 acknowledging that a New Hampshire child welfare worker repeatedly made contact with Adam Montgomery after his daughter’s disappearance. At least twice, the worker asked specifically about Harmony’s whereabouts, and Adam Montgomery claimed he had returned the girl to her mother. The worker left a voicemail for Sorey in January 2020, but the message went unreturned, and there is no evidence that any additional attempts were made to contact her, according to the report.
The Massachusetts Office of the Child Advocate released a 100-page report in May 2022, acknowledging that the state’s child welfare system overlooked Harmony’s needs at every turn.
“The system failed Harmony,” Maria Mossaides, director of the Office of the Child Advocate, said at the time.
New Hampshire Child Advocate Cassandra Sanchez said her office conducted a review in fall 2022 and forwarded recommendations to the relevant officials. That report focused on systemic improvements, not assigning blame, and it is not public, she said.
Adam Montgomery, who declined to be transported to the court hearing and declined to appear via videoconference, was convicted last month of second-degree murder and other charges. He’s slated for sentencing in May.
Meanwhile, his estranged wife, Kayla Montgomery, who is serving time in prison for initially lying to authorities about the circumstances of Harmony’s disappearance, was granted parole after testifying in gruesome detail during her husband’s trial.
Even though she has known for a while that her daughter is dead, Sorey said it’s still difficult to come to court and acknowledge that fact. But she feels compelled to keep pushing forward.
“Justice is only halfway there, and we are still focused on looking for her,” she said, framing her effort as pursuing the full truth of what happened.
“I can’t only let those two people be held accountable,” she added, “because it’s not fair, it’s not true, and the truth needs to be out there — and it will eventually.”
This report includes material from previous Globe stories. It has been updated to include remarks from Monday’s court hearing and the judge’s written order on Tuesday.
Steven Porter can be reached at [email protected]. Follow him @reporterporter.