Archive for November 2011

Complaint Sent for the Guardian Ad Litem Minnesota   6 comments

I am writing a formal complaint against guardian Sue Olson, who on August, 16th 2011, violated several of my rights during court for a Temporary Order of Protection.  I obtained a temporary order of protection from the Hennepin County Courthouse on August, 4th 2011, case number 27-FA-11-5570.  When I filed the temporary order of protection I made sure that the court knew that there were ongoing custody issues in Georgia regarding my son. 

It was during a visit to Minnesota that my son Peyton Hopkins who is six started to open up to me about what was going on at his dad’s house.  I called the guardian ad litem involved in the Georgia case on August 2nd.  She told me to return my son immediately.  I then called the department of family and children services in both Minnesota and Georgia.  Minnesota told me to file for an order of protection on my sons behalf.  I immediately filed an order on his behalf which was granted on August 4th.  The court date was on August 16th. On Monday August 6th, I received a call from a detective Jones in Peachtree City regarding Peyton’s return.  I gave detective Jones the Order of Protection that was issued in Minnesota.  She then gave it to the guardian ad litem here and my husband. 

When I showed up for court on August 16th I was informed that the order had not been served and a new court date would be ordered.  I went upstairs to speak to the court.  The guardian ad litem on duty for the court date started to question me regarding the circumstances.  It was clear she didn’t believe what I was saying from the start.  She talked to my son for about thirty seconds and then announced I was coaching him.  I had coached him to say these things.  In court she brought up the fact that she felt Peyton was coached and said that it should be dismissed because of jurisdiction because of the ongoing court proceedings in Georgia.  I was completely devastated.  I was unable to submit any evidence I had that proved the abuse was not coached.  I was also forced to return my son to an abusive home. 

My rights were completely violated according to UCCJEA.  Because this was an interstate issue this case fell under the federal regulations of the UCCJEA signed by all states in the United States. 

Under the UCCJEA there are two requirements for Temporary Emergency Jurisdiction. 

  1. Child must be physically present in the state; and
  2. Necessary in an emergency to protect child because child or a sibling or parent of child is subjected to or threatened with mistreatment or abuse. 

Proper notice and opportunity to be heard given the opposing party before a custody determination is made. 

Because I already had the Temporary order of Protection I fell under this category when deciding jurisdiction.  On August 16th the court declined jurisdiction based upon an Inconvenient Forum thus violating my rights and my son’s rights. 

Also the UCCJEA states that Custody determination will proceed even though a court declines to assert jurisdiction under inconvenient forum grounds and finds that another court is a more convenient forum.  Court declining to assert jurisdiction must stay the proceedings “upon condition that a child custody proceeding will be promptly commenced in another state. 

This was not done at all even though the court in Minnesota declined because of Inconvenient Forum

According to the UCCJEA courts are authorized to communicate with each other about any proceeding under the UCCJEA. 

Parties may participate in any communications between courts. 

If parties are not able to participate in such communications, the parties must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. 

Courts are required to make a record of their communication and to promptly inform the parties of such communication and grant them access to same. 

The guardian at litem, Sue Olson spoke with the guardian ad litem in Geogia, Carol Orleck before court.  I had no knowledge of this until Jen who works for a domestic abuse organization let me know after speaking with Sue Olson.  Jen’s phone number is 612-673-3525.  Jen was also a guardian ad litem and familiar with the system.  I received no notification regarding this correspondence and it has been detrimental to my case here because according to Carol Orleck GAL in Georgia.  Sue Olson said that it was the worst coaching case she had ever seen in her history.  I was not allowed to present my children’s statements, psychological evaluations or have my two oldest children testify. 

I want to make a couple of more points regarding this.  Under the UCCJEA, the two courts were required to communicate with each other. 

Under an Inconvenient Forum, the issue can be raised upon a motion of a party, the court’s own motion or at the request or another court.  A Guardian Ad Litem may not raise the issue of Inconvenient Forum.   Sue Olson is the one who brought up the proceedings in Georgia and told the judge that she thought it should go back there. 

The UCCJEA requires that a court that is declining jurisdiction is required to stay proceedings “upon condition that a child custody proceeding be promptly commenced in another state”

In deciding to decline jurisdiction on the basis of inconvenient forum, the court must consider all the relevant factors, including

  1. Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child. 
  2. The length of time the child has resided outside the state
  3. The distance between the inconvenient forum court and the more appropriate forum court. 
  4. The relative financial circumstances of the parties.
  5. Any agreement of the parties as to which state should assume jurisdiction
  6. The nature and location of the evidence needed to resolve the case, including testimony of the child
  7. The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence

Because of the actions of Sue Olson and the Hennepin County Court System there has been irreversible damage to my family.  My rights and my children’s rights were clearly violated.  I ask that this matter be formally looked into.

Thank you,

Amy Hopkins

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Posted November 28, 2011 by justiceforpeyton in Uncategorized

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Some of the Disbeliefs I have encountered   Leave a comment

On August 2nd, 2011, I spoke with Carol Orleck regarding things that Peyton was saying about how scared he was to go home because there was physical abuse going on.  Carol Orleck advised me to return Peyton immediately and ignored the complaints of neglect and abuse I was voicing the concern about.  My son, Jacob and I picked Peyton up at his dad’s house in Georgia.  Peyton came out of the house with a squirt gun and was spraying trees with it.  Peyton said the water had come from the toilet.  This enraged Shaun, who threatened I am going to beat you if you do not drop that.  This was witnessed by me and Jacob.  I didn’t want to cause any problems so I took Peyton and we left.   The plan was to stay in Georgia for a few days then go to Minnesota so Peyton could visit his sister whom was out west with my parents.  I was supposed to have Peyton returned by August 7, 2011.

The visit was very enjoyable.  Peyton was very happy and we did a lot of fun stuff together.  We went to the pool almost every day.  As time went by, Peyton started to open up to his sister, and also me regarding what he was experiencing at his dad’s home.  It was quite alarming to hear some of the allegations Peyton was making.  Peyton said that Shaun’s sister Katie live there and she would slap him in the face if he did do what she told him too.  He also said that Katie would curse at him and yell.  He started to say he didn’t want to go back that he was scared.  He stated that Richard, who is Shaun’s father, would yell and break things.  Peyton said he hid under the bed in the next room because it scared him.  He also said Shaun’s mom Rita would slap him and that he was tortured.  As a mom hearing this was very painful.  I starting calling organizations to try and get help for my son.  I did not know what to do.  Peyton was very fearful about returning back to his dad.  I felt like if I returned him, I would be a bad parent.  On August 4th I called the department of family and children services in Minneapolis and also Fayette County Georgia to report the incidents.  I was told by the Department of Family and Children Services in Hennepin County to file for a temporary order of protection. 

I received an order of protection on behalf of my son based on what he and my oldest son told the workers at the Center.  This is where I believe my rights were violated that has caused great harm to my son, Peyton, my daughter, Sydney, and also to me. 

The order of protection was good until a hearing on the 16th of August.  I had several people available on the day of court to testify to domestic violence witness by Peyton’s dad.  I also had documented paperwork from psychologist that documented the abuse from my two older children during psychological testing. (I want to note that I was not aware of the testing that was done until I received the results. My son was also very uncooperative during the test because he was angry at me) There have also been reports to my daughters school counselors about her concern for her brother. None of this evidence was looked at during court.  The court case was dismissed unjustly for jurisdiction.  It is three months later and still no one is looking into the abuse. 

The court s in Georgia and Minnesota erred in several ways with this ruling.  The UCCJEA is a federal law that most states have adopted including Georgia and Minnesota the states in question.  I believe there was gross negligence on behalf of both systems that has caused irreparable harm.  The UCCJEA federal mandate made it clear how courts were to respond when multi states were involved. 

The Hennepin county court should not have thrown out my TOP for jurisdiction.  I had a right to have it heard and present the evidence I had.  The UCCJEA provides protection for cases of domestic abuse to be heard and the evidence presented.

Posted November 28, 2011 by justiceforpeyton in Uncategorized

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Doris “Carol Orleck” Attorney and Guardian ad Litem   Leave a comment

Carol Orleck was requested by the court to represent Peyton during the divorce hearings. Early on I remember some statements from Carol Orleck that later made me think I had no chance getting any custody with my son Peyton.

I remember her citing that it was much better for the father to be involved in the kids lives regardless.  She also said that she didn’t like the idea I was living out of state

http://nafcj.net/joepenistonspiveyjr.htm

https://www.facebook.com/stopvictimreabuse

This was another case she was involved in.  Carol Orleck has subscribed to the men’s rights to have their children movement.  That is fine but them men that are getting the children are batterers and hitting the children or wife.  If you bring up family violence with her she dismisses it. It is like she almost blames the victim of the violence.  She got angry when my daughter who was 12 at the time wrote a letter about the abuse that was going on.  She willingly places children into homes where the children grow up scared and fearful of one parent and  then have little contact with the other parent.

I begged for psychological examinations be done on the family and I was going to pay for them.  Carol Orleck refused to let them happen.  As a guardian ad litem you should be representing the child.  Mrs. Orleck was representing my ex husband throughout the proceedings.  Mrs. Orleck did not write any of the child’s wishes in the report but only said he was confused.  I don’t understand how lawyers are qualified to practice psychology

I want to say one more thing about Guardian Ad Litems in Georgia.  There is no agency that you can complain to about the treatment of them.  They are God and they act just like God.  Nobody is regulating their behavior and checking to see if they are an effective GAL.
I believe that there is more corruption in the Newnan Superior Court Circuit that previously thought. I believe it will come out one day.

Posted November 28, 2011 by justiceforpeyton in Uncategorized