December 1 2008 - Finally Free From Hennepin County

This is Jennifer and this is my update for December 1, 2008.

I have great news!!! We just found out that Judge Porter and the Hennepin County courts do not have any legal standing in my family's life anymore!

There are so many reasons which have added up and now the (international) law is on our side!

1.) My brother Zachary and I are both of legal age and free from our father and the Hennepin County Family Court: 2008 Minnesota Statute Subd.6, Legal age or full age: ’Legal age’ or ‘full age’ means 18 years of age or older”.

2.) All criminal charges against my mother (for taking us out of the abuse and running with us to Europe) have been dismissed: State of Minnesota vs. Holly Ann Collins: “09/10/2008-Warrant Recalled, 09/11/2008-Warrant Returned, 09/23/2008-Criminal History Disposition has been processed, 09/23/2008-Criminal History Disposition has been processed.”

3.) My mother has completed her community service and has been officially released from probation: State of Minnesota vs Holly Ann Collins: “10/08/2008-Discharge from Probation.”

4.) Part of the plea bargain with the District Attorney is that they can never bring new charges against our mother pertaining to our younger brother Christopher: AGREEMENT ON VOLUNTARY RETURN TO MINNESOTA OF HOLLY COLLINS AND DISPOSITION OF CRIMINAL CHARGES: “The Hennepin County District Attorney’s office will dismiss all other pending outstanding charges against Ms. Collins and will agree not file any new charges against her arising out of the events described in the initial complaint or regarding the child that she has in common with Jeff Imm.”

5.) My mother had sole custody of Christopher when she removed him from Minnesota over 14 years ago. Holly-Ann Tveter Collins Plaintiff, vs. Jeffrey Allen Imm, Defendant. STIPULATION PATERNITY FINDINGS ORDER FOR JUDGEMENT, JUDGEMENT AND DECREE: “That the plaintiff is granted sole physical custody of the child... That Plaintiff is granted sole legal custody of the child...” (Jeff’s visitation was supervised!)

6.) After my mother left Minnesota with Christopher, Judge Porter issued a temporary ex-part√© order: July 19, 1994 ORDER: “Defendant is granted temporary sole legal and physical custody of the minor child.” (It is strange that the court found that Jeff required supervised visitation and less than a month later, Judge Porter casually reversed custody disregarding that my mother was the primary care taker and the baby was still nursing.)




The Hague Convention: “explicitly requires judges to examine pre-abduction custody rights when determining whether return is required under the Convention, these ex parte orders do not help the parent to secure a return or otherwise affect the relevant analysis under the Convention. They also are not relevant to ultimate custody decisions made under U.S. law. … If issued, these ex parte orders do not lodge permanent custody with the left-behind parent… It is also important to note that ex-part√© orders may not be enforceable in states other than the state in which they were issued.”


7.) We fled Minnesota to escape a pattern of domestic violence. Even though Jeff Imm was not the perpetrator, my mother has a legally binding affirmative defense. UCCJA provisions: ”conforms jurisdictional standards to those of the Federal Parental Kidnapping Prevention Act (the PKPA) 6 to ensure interstate and forcibility of orders, and adds protections for victims of domestic violence who move out of State for safe haven.”


8.) Christopher’s father, Jeff Imm moved out of Hennepin County in 1994 and moved to England. All of us (including Jeff) were living outside of the United States at the same time for several years. It was then that Minnesota lost jurisdiction: The Uniform Child Custody Jurisdiction Act (UCCJA) CONTINUING JURISDICTION: “If both parents and the child have moved out of the state, then a new state will assume jurisdiction based on one of the above rules.”

9.) All of the litigants in my brother’s custody case: my brother, his mother and his father still reside outside of Hennepin County! The father resides in Sherburne County, Minnesota. The child and his mother both live in the Netherlands and the child has resided in the Netherlands for over 14 years. All information about Christopher: school, medical, child psychologist, etc... is available in Holland. The UCCJA lists five factors to be considered in deciding inconvenient forum motions: “1. If another state is or recently was the child's home state; 2. If another state has a closer connection with the child and family or with the child and one or more of the contestants. 3. If substantial evidence concerning the child's present or future care, protection, training, and personal relationships is more readily available in another state”

10.) For the last 2 years Christopher and my mother have pleaded with Jeff to come visit him. He hasn’t showed up not even one time to check on the well being of his son. If he can’t even bother to visit his child, he has no legal right to custody. Christopher is settled in his environment. Jeff missed the deadline to try to have him returned. Article 12 of the Hague Convention: “If the proceedings are commenced after the expiration of the one-year period, the children must be returned unless they are now settled in their new environment“

10.) Christopher has official asylum of his own. He has resided in the Netherlands for over 14 years. Holland will not give up jurisdiction and has guaranteed Christopher’s right to remain in the Netherlands! Netherlands Residency Permit: “Asylum indefinitely”

11.) Judge Porter (who sits in the Hennepin County Criminal Court) has no legal influence at all in this child custody case or on our family at all! Assignment History: Family Court: 1992-1994, Juvenile Court: 1994-1996, Civil & Criminal Court: 1997-2000, Family Court: 2000-2003, Civil & Criminal Court: 2003-Present.


We are finally free from Hennepin County!!!!

To make sure that Christopher is protected from this vindictive unpredictable judge, we will probably have to stay in the Netherlands for a few more years until he turns 18. We are a saddened that we still can’t come home and have to remain in exile for 2 1/2 more years, but we have to make sure that Christopher is safe!

Now that we know that Christopher is safe and Judge Porter has no jurisdiction over us or our mother, it is time to expose the corruption of the Hennepin County family court. We will start one county, one state at a time until we find justice for abused children.

Please support my new organization: CA3 Children Against Court Appointed Child Abuse.

Jennifer


PS. Here is a copy of Judge Porter's latest order:

IT IS ORDERED:

1. Pursuant to Minn. Stat. 257.70(a), paternity matters such as this one have always been sealed. The Court file and all hearings are closed to the public.

2. For the purpose of this Order, "litigants" are: Holly-Ann Tveter Collins, Jeffrey Allen Imm, Hennepin County, Guardian ad Litem Mary Catherine Lauhead (or any subsequent GAL), and all counsel for Holly Collins, Jeffrey Imm, and Hennepin County having entered an appearance in this case.

3. Effective immediately, all litigants in this case are PROHIBITED from in any way communicating their substantive and procedural knowledge (including scheduling information) of any part of this case, with any non-litigant.

4. No one shall have access to any transcripts from proceedings in this case except: Jeffrey Imm and his attorneys, and Mary Catherine Lauhead (or her successor).

5. Holly Collins shall not have access to any transcripts or other future official court documents in this case. Her right to access will be reconsidered when she defends or otherwise appears in this Court for any future proceedings.

6. Anyone who fails to strictly comply with this Order is subject to contempt of court and may face penalties including fines or arrest.

BY THE COURT:
Charles A. Porter, JR.
Judge of District Court
Dated: 10-15 - 08