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How does this happen?


***edited to remove names of parties involved per mothers request***

I have copied the story from Stop Carver County .  I am heart-broken, saddened and in utter disbelief that this wonderful women went from having full physical custody of her children, to weekend visitation and now to supervised visitation!  

I want to scream and stomp my feet.  I will never understand how our justice system can allow children to be pawns in a game.  I know nothing about the father/ex husband and very little about the mother in her life today.  But what I do know she loves these children and would give her life for them. 

I don’t know what the best decision should be.  I wasn’t in that court room.  I am curious though how it gets this far. 

We are lucky in our house.  My husband and his ex get along well enough we all do what is in the best interest of our daughter.  As a matter of fact because our house is overwhelming at the moment my sweet and precious girl is living with her mom until it settles down.  This is not ideal for My husband and I but may be ideal for her at the moment.  I don’t like it and will miss her terrible.  BUT as parents it is our JOB to do what is best for a children.

WE should NOT do something just to hurt the other parent.  We should always take our children’s best interest into consideration. 

I have a question.  Where do these professionals come from?  I read that the custody evaluator doesn’t have children.  I know from experience.  Your opinion on parenting changes immensely after having children.  I was the most opinionated fool around before I had my son.  I still have my opinions just realize what works for me may not work for you.

This isn’t the first case I’ve seen go completely stupid.  I know of many others where the judgement just doesn’t make sense.

And yes I know there are three sides to every story.  In this case his, hers and the truth.  But does the judge see that or are there $$$ signs in his eyes. 

Money talks and I know that people can and do get bribed.   (note: everything written in pink is this writers opinion.  Not a statement of fact)

Today what I am asking of you is for everyone to pray for these three beautiful children.  Please pray for God to help them through this difficult time.  Pray that they can rise above this situation that is out of their control.  Pray that all the controlling and manipulating ends and they are allowed to be children.  Free to laugh, love, live, play & dance.

Pray for *** that God can help her to come to peace with this and give her the strength to continue to fight for what she believes in. 

STOP CARVER COUNTY FROM TAKING THESE KIDS

Carver County Family Court Horror CaseBanken Case SummaryThe people involved in this case are:
Mother, age 34
Father, age 38
Their three children – a girl age 6, a boy age 4, a girl age six months
Others involved are:
District Court Judge who blocked the case to himself
Court appointed custody evaluator
Court appointed guardian ad litem
Custody evaluator appointed parenting consultant
Attorney for father
Attorney for mother
Mother and father were married May 14, 2004. It was the first marriage for both. They had known each other and dated on and off for several years. Father is and has been a very successful businessman engaged in the construction business. He is the owner and president of Structures Hardscape Specialists and Civil Solutions Group in Minneapolis. He reported $480,000 gross income for 2008 in his tax return. For 2009 he claims a loss of $319,000 and gross income of $130,000. He filed individual tax return for 2009, and pocketed a $60,000 return, along with a $30,000 return last October 2009 directly after he left and stopped all financial support to mother. Father has sole title to the 4000 square foot home of the parties. Mother believes father also is involved in drug trafficking and has some information to support that.

Mother was employed until September 2008. She was in marketing and sales and brought home about $73,000. For the 6 years prior to that she was in the real estate business and earned about $97,000 in her peak employment year. In September 2008 she and father agreed that she would end her employment and become a stay-at-home mom. At that time they had two children and planned to have a third child which they did in March 2010.

Their marriage was very troubled. Father was very controlling and dominated mother as well as frequently physically and verbally abused her. He has a criminal record and a history of abusing and sexually mistreating women. Father was frequently away from home and his children for long periods of time on business trips or engaged in unknown activities leaving mother with attending to their children and family matters by herself. He resisted mother having friends or shopping and would not allow mother to be on credit card or checking accounts and mother did not resist this. Mother has never viewed a bank statement, credit card statement and was never made aware of funds available to father during their marriage. After mother left her employment in 2008 father sporadically gave mother small sums of money for household purchases and to pay household bills. Since mother’s unemployment as of September 2008 her credit history deteriorated to the point where she cannot get credit.

Father first filed for divorce in May 2007. This suit was dismissed in March 2008. Father filed a second suit for divorce in September 2009 while mother was very ill and hospitalized for dehydration at 16 weeks pregnant with third child. This divorce is pending. Trial has not been scheduled. The court initially gave mother temporary possession of the home of the parties and temporary sole physical custody of the children with liberal scheduled parenting time for father with their three children. A difficulty for mother is that she has no money and no access to the assets of the parties. She borrowed $9,000 from her father to pay her lawyer’s retainer fee. She owes her attorney about $25,000 for work already done and her attorney is demanding payment before she takes needed actions such as depositions of key witnesses.

The court appointed a custody evaluator to conduct a custody evaluation and a guardian ad litem to advise on custody and parenting time. The custody evaluator, a licensed psychologist, charged the parties several thousands of dollars for her services, which mother could not pay. The custody evaluator personally administered MMPI and Clinical Multiaxial Inventory examinations to each of the parties. Mother was given these examinations directly after giving birth to her third child and while still nursing the infant. The custody evaluation found no evidence that mother was an unfit parent, no evidence of any substance abuse or use of drugs or alcohol, or any negligence or abuse of the children, but did state that the environment provided by mother lacked structure. On the basis of her examination, the custody evaluator recommended that father have sole physical custody of the children with limited parenting time with mother. As stated in the evaluation, it was paid for entirely by father. Mother since has had the MMPI test report evaluated by her psychiatrist and other professionals who state that the test results are significantly deficient and are invalid and that in their opinion mother is normal and able to parent her children.

As the custody evaluator was nearing the end of her evaluation an instance of domestic violence occurred. Father was exercising the parenting time then authorized by the court including three hours of visitation with the then four-month infant of the parties. This visitation took place at father’s residence. Mother went to father’s residence at the end of the scheduled four hours of visitation with the infant to retrieve her. She was strapped to a seat in father’s truck. Mother went to unstrap the infant when father grabbed her and threw her to the ground. He stood in the entrance of the vehicle not allowing mother to get the infant and leave. When father walked away yelling at the older two children to get out of mothers car mother again tried to retrieve the infant from the vehicle. Father pulled her from the vehicle again this time with more force. Mother hit the side of the truck bruising and swelling her right arm. Mother attempted to defend herself. In the process she swung at father. Eventually she retrieved the infant and left the premises. Father called law enforcement and charged that mother had assaulted him. Two officers responded. They separately interviewed father and then mother at her home. They charged mother, arrested and jailed her overnight, and delivered the infant to father. There is no report of any weapons. At the hearing on the following morning, the judge issued an order that was requested by father for protection in father’s favor, and a no contact order that bars mother from any contact with father and her children except for a few hours each week as specified. Subsequent to this incident, father employed a nanny to care for the children while he works close to 50 hours per week and is on business trips. The nanny is 21 years old and has no children. She has never met mother and has no idea how to get a hold of her while father is out-of-town for days at a time. Mother is not informed of fathers trips and is not allowed to take children to activities, school, or the doctor. The nanny takes children to all events and appointments. Nannies training to care for an infant is unknown. Mother is very concerned for her baby and other young children.

Mother has no money to pay for a lawyer for her trial in October 2010 on domestic assault.

Father has acknowledged that he showered with his 6-year-old daughter during an overnight visitation at his home since he left in September. Mother is very concerned because of father’s history of sexual abuse of women. More recent is the sexual abuse the 4-year-old boy has informed mother and others about. There are also death threats told to mother by 4-year-old boy from father after visitation with him. The children were manipulated by the father to not listen to the mother, to call her ***, not Mom. They were told to mess the house, cut things up, fight their mother physically, kick, scream, bite, punch… all things the children have never done prior. The young boy began to torture animals. The 6-year-old girl began to hump things and behaved highly inappropriate with boys and girls. These behaviors began directly after visits with the father, and would take up to four days to subside. The children would go with their father again and the behavior would start all over again. The 4-year-old boy began fighting physically at bedtime and having night terrors. He began wetting the bed frequently at night and started wetting himself during the day. During this time the children reported to mother and others about incidents of abuse during visitation with the father. Social Services, the GAL, and the custody evaluator paid no attention to witnesses to these allegations and paid attention to only the fathers references whom where not around the children or mother during this time.

By order dated August 4th, 2010, Judge Perkins awarded father temporary possession and use of the home of the parties, possession of all property of the parties and ordered mother to move from the home by the end of August 2010 and find a new residence suitable for visitation with her children. Mother did not receive this order until August 12th leaving mother two weeks to find a residence. Perkins reduced child support by half for the month of August. Mother has been ordered since December 2009 to pay utility bills for residence with child support awarded. Father left in September of 2009. Father did not start to pay child support ordered in December until mid-January 2010. Father refused to pay the few bills in mothers name after he left their home allowing the home phone, her mobile phone, internet, and TV to be shut off. Mother had no way of communication to friends or family during her pregnancy. She received anonymous gift cards and cash in the mail and cash left on the front porch from those that knew the mothers desperate situation and wanted to help get milk, bread, and necessities for her and the children. Friends supplied her with mobile phones to use during her pregnancy, and after. Judge Perkins ordered father to pay spousal support starting September 1st, this is also the day mother is ordered to be out of the home. Mother has no money for rent or damage deposit nor credit to sign a lease even if she finds a suitable residence in three weeks. She has lost her newborn, her kids, and now is homeless and desperate. The older two children are showing grave signs of anger and pain since being ripped from their mothers care. The infant began acting out when strangers or even grandmother would hold her at the small age of three months old. Which was the time the infant was taken from her mother.

Mother’s case is representative of hundreds of court cases that illustrate the absence of common sense in family court proceedings It also illustrates the problems that exist because of the lack of standards for and regulation of custody evaluators and guardians ad litem who charge thousands for their services. It also illustrates the power of money in litigation.

Posted by Stop Carver County! at 2:43 PM
 1 comments:
fs700said…
The trial ended In a nightmare for *** and her kids. She is now only able to see them under supervised visitation. Her witnesses were not able to give testimony. The judge made his decision based on “the professionals” opinions. Ironically, an employee of the Carver County Mental Health Center ran by Carver County. Women are scared to leave their abusive husbands for fear they could be the next *** ******.
May 18, 2011 5:20 AM

Comments on: "How does this happen?" (1)

  1. Trial went and is over. Witnesses of mine took time off from work – Tony had to take over a week off, he was able to work one day during trial that we did not have to be in court. The vet bills from the neighbor animals harmed by a child that is in a lot of pain total over $1700 – we received no help from my ex, although we asked many times, on these vet bills. We are still not able to make rent for this last month. Tony was laid off, union work tends to lay you off when you are want to take time off (for trials even). This month has killed us financially. We try to carefully budget – but the vet bills were too much. My mother was in trial, Tony`s mother, Malissa – another big support of mine, Cady Wright – LICSW for Sibley county-my best friend and witness to the horror the kids have been through, the list goes on… Trial went very well the first chunk of it. It ended in tragedy for the kids. I have not seen my kids now for 5 days… I see them today for 2 hours. Every morning I wake up is more difficult than the last. I have no idea how Meredith, the baby, even knows who I am anymore. My ex, although I have forgiven him and he can no longer `get` to me, and nothing surprises me anymore, he has so far succeeded at this plan of removing me from the kids` lives. The courts do not get what has gone on. It is truly sad.
    In 70% of these cases- men that batter women and are abusive are able to convince the courts that the mother is unfit and undeserving of custody, even if she has no record of abuse, neglect, drug use, alcohol problems, nothing… it is actually fascinating in a way how they are able to do this. There are manuals online for men who are determined enough to use a mother`s protective instincts and love for her kids against her. It is almost easy for them. Even witnesses to the terrible pain the kids go through seem to be no match for the games in the courtroom. The witnesses are ignored.
    I am disheartened and feeling simply exhausted and drained. The kids continue to suffer, and the behavior that comes from that suffering is ignored for the most part, or blamed on other things, or excused away. I love my kids more than anything, I miss them terribly. I pray every day for justice to be done and the kids to be able to be free and settled. I still have hope this will happen, yet I feel a fool to even hold out hope at this point. Every turn there is a new hurdle.
    Now… one thing that angers me terribly is the support and encouragement and help the kids and I received through all this has been used against me. The benefit, the blogs, everything. It seems I get more emails and heat from this blog and the other one that is still up than I do about the kids terrible situation in this. These blogs are a point of contention – I do not completely understand since they are not my blogs, I have never set up a blog and honestly would have no idea how to do so.
    Tina (author of this blog), you and your sisters are simply amazing. I have such fond memories of you three as we grew up next to each other. I love that you seem to feel the pain I do and your heart aches for this situation. I know this blog was meant to be helpful, not hurtful. I know you mentioned someone close to you got out of an abusive situation because of hearing about this story. That makes me feel like this is all worth it somehow. I know so many that hug and kiss their kids and appreciate the time more because of this horror story. I also know of mothers that have decided to not leave their abusive husbands because of this story. That makes me sad, but it is the way it is… and I could never encourage a mother to get out when she has children with her husband and they have to go through all this mess. (I will note that mothers-wives are also not innocent – there are abusive wives and mothers that will avenge to keep kids from a wonderful father as well, it is not only men)
    Tina, I have been asked to ask you to remove this blog from the internet, or at least that nothing else be posted about the story. I have to abide by this request since it was asked by the Judge himself. I know you mean well with all your heart and your intentions are genuine. When I posted the case summary on facebook I was not thinking of my ex, or trying to be malicious, I was thinking of the kids and how I could possibly get help from someone, anyone. I did receive help from Senator Julianne Ortman, she is a mother of four and she reached out suggesting a few things I could do, she is a wonderful person. Yet, nothing seems to help this terrible situation. I wish I had at least taken the names off the case summary when I posted it. I honestly did not think many would even read it, I had no idea what to expect. I have so many on facebook watching and praying for this situation.. and so many were asking me via inbox why I had no posted anything recently about the kids etc… this was August of 2010… I lost the kids due to a false domestic and really shocking custody evaluation results in June of 2010. By August many were asking me if I was Ok and how the kids were since I had not posted anything about the kids and how fun they are in months. How do explain in a post that the kids were taken away? Even the small infant was removed from my care at 11 weeks old. I posted the case summary so others could see what happened. The case summary was written by a retired attorney with a passion for these cases. He read the entire case file carefully. This attorney is one that is out for the Judges and he tends to blame them for most of these cases… I can only speak for my story and say that I do not see it as the Judge`s fault at all. Kanning and Perkins (both Judges that have been on our case) honestly had nothing really to do with the fact I lost the kids. The Judges hands are tied, so to speak, with 3rd party recommendations and these 3rd parties is where my ex is able to control the situation. The GAL`s, the custody evaluator, and the things my ex has the kids say – and to whom… etc. It is all a game of control. I am no match for that. I could not possibly tell my kids to say this or do that in front of someone… or bash their father in front of them. It is very damaging to children and honestly it is trashy and immature to even do so. Taking the high road and never speaking poorly of their dad in front of them not only benefits the children huge, it also strengthens my relationship with them in the long run. They will remember my discretion when speaking of their father. No matter what their father does the kids love him and need to see him, and want to see him. That is the beauty of their age. They are innocent, very influential, and fragile at the ages of 1, 5 and 6. They love no matter what… but as they grow older this will begin to unfold for them, and they will remember who took the high road. They will have great respect for whomever did. (there is an AMAZING story my father told me of this very thing… regarding his upbringing and the divorce between his parents, he is in his 60`s now but he has never forgotten that his mother not once said an ill word about his father, the way my father says that with respect and love for his mother is the way I want my kids to talk of me after I am gone) 🙂

    Tina, please refrain from posting anything further on this case. If you feel inclined to remove the names on this blog – please do so. I am sorry to have to ask… it seems wrong and I know you mean well. If you feel inclined to remove the blog, that is also fine. I am sorry to have to ask this, I know you meant this to be helpful. I am so grateful for all the help during this from everyone.
    Thank you so much for your help during this. Thank you for being at the benefit, and thank you for your prayers.
    I hope to see you soon… Maybe sometime I can bring the kids out to Buffalo to meet yours and play together. 🙂 I look forward to it!
    Blessings!
    ***

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