Below is information that was submitted to Amy Klobuchar in 2011 on a custody case in St. Cloud, MN and the response from her office. At that time, she was a member of the Judiciary Subcommittee on Administrative Oversight and the Courts. The request was for an investigation, not legal advice or counsel.
November 18th, 2011
I am writing to make you aware of a St. Cloud, MN custody case/trial in progress that needs immediate investigation. The attorneys, custody evaluators, mediator and the judge, have and are continuing to demonstrate misconduct, ethical violations, and blatant abuse of power and authority. I am writing to you due to your involvement in the Judiciary Committee and the goal of ensuring equal justice for all Americans.
I am a friend of the respondent and am coming forward as the client fears that disclosure could lead to a negative outcome in the child custody decision. I cannot continue to watch this family go through one more day of trauma at the hands of the attorneys and the judge.
Background on the case: A Stipulation and Order for Change of Custody was filed by the biological father on 10/07/2009 with a motive that was extremely transparent. The initial hearing was 12/18/2009 and it was determined that the plaintiff had submitted sufficient affidavits which, if presumed to be true, presented sufficient evidence to establish a prima facie case. The plaintiff was unable to produce any evidence to support his claims and the respondent had substantial contradictory evidence which should have prompted a move for immediate dismissal of the case. Instead, the respondent and the plaintiff have been led down a corrupt path by the legal professionals involved and they are going on their third year of involvement in the legal system.
It’s not difficult to see that this is definitely based on the money that has and can be generated—not facts, evidence or “best interest of the child.” It’s clear that this is a profitable criminal enterprise that is taking place and that due to the lack of regulation, none of the professionals involved are concerned about facing any consequences. I have attempted to help the respondent by contacting numerous attorneys, however, like the Penn State scandal, everyone has turned a blind eye to the abuse.
The first 2 day trial was held in October, the second in November and the third trial dates are scheduled for January 11 & 12, 2012. The entire case is a charade and the legal abuse is causing severe emotional and financial harm to these families. The respondent’s parents are paying all legal fees and have spent well over $100,000 to save their grandchildren. The plaintiff is also spending money which could have been used for financial support of his daughter. The custody evaluator alone was $28,000.
It’s clear that the legal professionals involved know that there are no better litigants to exploit than a battered mother desperately trying to protect her abused children and a crazed batterer frantic to harm them—both driven to do and spend whatever it takes.
No decent family law attorney would risk his reputation—or career—by helping a criminal (batterer) commit more crime against his victims—especially when the victims are children. And batterers know this. Which is why batterers retain attorneys willing to represent criminals and engage in criminal conduct. And criminally inclined attorneys know exploitation is exceptionally easy and lucrative whenever the litigants are “right.”
Batterers are criminals. They have no evidence against their victims. But their victims have ample evidence against them.
A batterer would get nowhere without a criminally inclined attorney. It is the criminally inclined attorneys who provides the criminal contacts a batterer needs: a corrupt evaluator and a corrupt judge willing to rubberstamp a battered mother and abused child’s rights away. It is these criminal individuals who are willing to further traumatize abused children and mothers by aiding and abetting criminal batterers–as long as the price is right!
The formula for harming battered mothers via Family Court is fairly pat: Either parent files a custody action (abusive father or battered, protective mother).
Batterer hires a criminally inclined attorney who provides access to other court criminals (e.g. corrupt evaluator and judge). Battered mother may not have an attorney or may also have a criminally inclined attorney. Many family law attorneys aim to bleed clients financially: there is no “best interest of the client” or “child” or even fear of repercussion from the BAR since it exists to protect its members—as do all professional organizations affiliated with the court.
But even if the battered mother was fortunate enough to have an honorable attorney–the problem is her batterer doesn’t. The battered mother offers evidence of the batterer’s abuse to the COURT.
Corrupt JUDGE then orders battered mother to undergo evaluation via BATTERER’S EVALUATOR. Battered mother ordered to submit all evidence to BATTERER’S EVALUATOR. Corrupt [batterer’s] EVALUATOR suppresses all evidence against batterer. In this case, the Judge is aware of the plaintiff’s abuse due to all of the previous court documents from 2003.
Corrupt EVALUATOR recommends COURT deny battered mother custody and child support via fraudulent report. Corrupt JUDGE rubber-stamps. Corrupt EVALUATOR recommends COURT order battered mother to Paid Supervised Visitation ($200/hr) payable to Corrupt [batterer’s] EVALUATOR OR BUSINESS.
Corrupt JUDGE rubberstamps. Battered mother then ordered to pay COURT and corrupt EVALUATOR for their crimes committed against her and her children. Public, Private & Non-profit ENTITIES required to respond, don’t. Battered mother is forced into poverty, made homeless, often jailed for inability to pay CRIMINALS. Battered mother’s parental rights TERMINATED.
There are many facets to this case, however the main goal is to stop any further involvement of the plaintiff and the respondent in the Courts.
Thank you for your review of this information and I look forward to getting the assistance that is needed to bring this case to a close and to help begin to restore the respondent’s life and the lives of her children.
The 7 day custody modification trial began in October 2011 and concluded in February 2012. On May 25, 2012, the Judge modified prior orders, awarded custody to the father and required that mother have paid supervised visitation for 2 hours per week. (Just as predicted).
The decision was primarily based on the notion that the child has not bonded with the father. The child herself however, has throughout this case expressed an intense desire to not be with the father and wishes to be with mom.
What’s interesting is that just 4 months later, Senator Klobuchar is pushing for the reauthorization of the Violence Against Women Act and attended the Stearns County Domestic Violence Partnership event in St. Cloud. Senator Klobuchar stated, “Domestic-violence courts like the one in Stearns County are not only critical to assisting victims and bringing offenders to justice, but they also help put an end to the cycle of violence in homes. I worked hard to secure resources for the Stearns County program, and its success … is proof that with innovative solutions we can improve the current system to better address the needs of victims and reduce violence.”
“During my eight years as County Attorney, I saw first-hand how domestic abuse destroyed families. In these difficult economic times, victims should never feel forced to choose between personal safety and financial stability. I am committed to ensuring that women and children have the resources they need to protect themselves from violence, leave abusive situations, and hold their abusers accountable.” http://www.klobuchar.senate.gov/public/public-safety
One would think that as a former prosecutor, Senator Klobuchar would know that the family law system has been developed to reframe Domestic Violence (DV) as pathological (not criminal) and that the professionals are incentivized to treat the entire family and persuade everyone involved that abuse isn’t dangerous, it’s just a dispute. I would think she also knows that grants through the Dept. of Health and Human Services are used in custody switching schemes to transfer custody from protective mothers to violent and abusive fathers.
The bottom line is that unless we have accountability for the Family Court actions and where the money is being spent, THIS HAS AND WILL CONTINUE TO GET WORSE!