Axel Johansson, being first duly sworn upon oath, deposes and states as follows:

1. That I am the Respondent in this action, and I am making this aitidavit in support of my motion for custody and in opposition to the motions brought by the Petifioner.

Custody

2. On February 22, 1996, I appeared before the Court seeking custody of my three children: Alexander, age 10; Stefan, age 8; and Rebecca, age 4. At that time, I submitted an aflidavit before the Court describing the reasons that I believed that I should have custody of my children. I would like to reaffmn the statements made in that affidavit and I ask that that affidavit be incorporated herein.

3. At the time of that hearing, Belia also submitted two affidavits in support of her request for custody. As was evident at the hearing, Belia and I have described very different versions of our roles in parenting our children. I have characterized myself as being a very loving and dedicated father who has a very close bond with his children and who wants, more than anything, to provide a stable home for them in Sweden. Belia, on the other hand, described me as an alcoholic, abusive father who cares nothing about our children and refuses to cooperate with her in any manner. At the same time, Belia described herself as a very loving and dedicated mother who places the childreds needs first. I, in turn, described Beha as a depressed, unstable person who has struggled with mental illness, even to the point of suicide, who cannot provide a stable home for our children.

4. On March 6, 1996, I received the Courts Order granting temporary custody to Belia, pending the recommendations of Court Services. While I was very upset about the decision, I understand the difficulty of the Courts position. As I review the affidavits myself, I realize that it would be difficult for them to know which of us is telling the truth and, if Belia had been telling the truth, certainly it would be appropriate for her to have custody.

5. We have now completed the full custody evaluation by Hennepin County Court Services. I have attached to this affidavit, as Exhibit A, the Hennepin County Court Services report signed by Gary D. Shackleford, M.A., Family Court Officer, and by Michael O. Shamblin, Unit Supervisor of Family Court Services, on April 15, 1996. As that attachment shows, Hennepin County Court Services, after meeting extensively with both Belia and I, after observing us with the children, after calling collaterals, and after reviewing all of the documents and information that we submitted to them, recommended that I be granted sole legal and physical custody of the minor children.

6. I am naturally elated with Mr. Shacklefords observations. Mr. Shackleford, after meeting with me and observing me with the children, reached a far different conclusion regarding my fatherhood. Contrary to Belia's assertions, Mr. Shackleford observed me to be "attentive and affectionate towards the children". Mr. Shackleford stated that both children reacted freely with me and observed how the children "really enjoyed themselves playing with (me)'. Mr. Shackleford found that I have the "capacity and disposition to give the children love, affection, guidance and to continue educatmg and raising the children". Mr. Shackleford also found that I have "a great deal of love for the children" and that the children "have a great deal of love" for me. Mr. Shacldeford found "that there is a very close bond between each parent and their children". This is a very, very different portrayal of me and my parenting than the one that Belia attempted to convey. I am asking that the Court adopt the recommendations of Mr. Shackleford and allow me to have temporary, and ultimately permanent custody of my children.

7. Mr. Shackleford, in his report raises concerns about Belias stability. While I believe Mr. Shackleford has been kind in not attempting to fidly describe Belias instability, I believe he has intuitively sensed that Belia is not totaly focused on the needs of the children at this time in her life. In fact, Belia's instability goes far beyond the fmdings made by Mr. Shackleford. I believe that Belia is a well meaning person and that she does love her children. However, she continues to struggle with signfficant instabilities and mental health issue. I believe that these instabilities and this depression has led to some very serious behavior, including attempted suicides, pathological lying, and very angry behavior towards the children. I believe that Belia is more interested in her schooling, her "other relationships" and in attempting to demean me, than in truly doing what is best for our children.

8. While I. believe that Belia has many good characteristics as a good mother, she very easily becomes frustrated with the children and is constantly screaming at the children and making hostile remarks to them. I believe that her anger and impatience with the children has only increased during these past few months of the dissolution and that this is and will have a negative impact on the children.

9. I am certain that I can provide a very loving and stable home for the children in Sweden and that I can provide a life in which the children have the opportunity to spend a great deal of tiine with extended family and friends. I am willing to cooperate in allowing Belia to have access to the children anytime that she can come to Sweden and to allow the children to spend future summers in Minnesota.

10. I realize the Court cannot make a permanent custody determination at this time and that, if custody is not resolved, that we will need a final trial to determine permanent custody. I also understand that it would not make sense to change the children to my temporary custody until the completion of the school year. At the time the Court receives this affidavit I will be in Sweden. My employment in the United States terminated on April 30, 1996. I left for Sweden in March to look for employment. When I returned on March 27th, I had interviewed in Sweden but had not yet heard whether I had employment there. On April 12th, I received a job offer for a very good position in Sweden. I immediately accepted the position and I am required to report to work on May l st in order to keep that job. Because of that employment I am unable to appear at the May 8th hearing.

11. I am asking that the Court allow the children to have their passports updated so that they can join me in Sweden during the first week following the termination of their school. If necessary, I will return to the United States to accompany the children back to Sweden. I also understand that I will need to return from Sweden to the United States with the children when this matter is scheduled for trial in the fall. I am hopeful that we can avoid a custody trial. However, if such a trial becomes necessary, I believe it will be advantageous for the Court for us to present the two custodial situations. Belia, at that point will have had custody of the children in Minnesota during March, April and May and I will have had custody of the children during June, July and August. We would be able to present to the Court specific testimony regarding the conditions of both proposed custodial arrangements.

12. With respect to other matters relating to the custody,- I will not repeat the circumstances in support of my custody request since they were stated in my prior affidavit. However, I do need to update the Court regarding certain events that have occurred since the date of my last affidavit.

13. Belia has refused to cooperate in implementing reasonable visitation. She appears to look for acrimony in every single opportunity and refuses to compromise or work with me on even the simplest of issues. There are two clear examples of this attitude.

a. The first example occurred on March 28, 1996, following my return from Sweden. I had not seen the children for more than two weeks and I had made arrangements with Belia to spend the weekend of March 29th-3 l st with them. However, during the week prior to my arrival in the United States, Belia and her attorney began complaining about certain financial matters. Belia and her attorney have continued to believe that I am not complying with the Courts Orders, despite the fact that I have fully complied with every portion of the Order. (I will detail the financial aspects of this later in my affidavit.) The fact is that timely payments were made to Hennepin County Support and Collections but, because of the delays in the Hennepin County system, Belia had not yet received the money. Despite my attomey's efforts to explain to Ms. Wold that the payments had been made, Belia became increasingly upset over the issue. Finally, in her frustration, Belia decided to withhold visitation. On Thursday, March 28th, the day before the visitation was to occur, Ms. Wold left a voice mail message with my attorney announcing that the visitation for the weekend was cancelled because "Belia had made other plans". It was clear that Belia was prepared to deny the children the right to see me, after two weeks of my absence, simply to try to leverage money out of me. After receipt of Ms. Wold's notice of cancellation, my attorney called Belia's attorney in an effort to persuade Belia to change her mind. In addition, I called the school social worker, who agreed to call Belia on my behalf. I am not sure which of these two events caused Belia to change her mind. However, on Friday, March 29th, Belia relinquished, and the children were able to spend the weekend with me.

b. The second example occurred during my most recent weekend with the children on April 11th-13th. Belia was notified, on the morning of April 11th, that I wished to pick up the children at 5:00 p.m. or 5:30 p.m., rather than 6:00 p.m. so that I could get the kids home in time to make supper for them since it takes 45 minutes to get to my house. I believed that picking up the children a little earlier would not present a problem for Belia, and it was certainly better for the children. My request to pick up the children a half hour or an hour early was met with extreme achnonition by Belia and her attorney. Belia immediately became upset and called me at my office at 8: 15 a.m. Belia did not have a reason as to why it would not work out for me to pick them up at 5:00 p.m. or 5:30 p.m. She refused to discuss it and was incensed that I had even asked. When I explained to her why I thought it was best for the children, she simply said, "Thats too bad, but thats the way it has to be." In addition, Belias attorney called my attorney and left a hostile message on his machine stating that I had no right to ask to see the children early. I was rebuked by Belia and through her attorney, that I was not to make such requests in the future and that I was to comply strictly with the Court Order. While I understand that the Court Order stated I should pick them up at 6:00 p.m, it was my belief that both Belia and I should work together in the best interests of the children and that a simple request to pick them up a half hour or an hour early, would not be something that would be adverse to the children. Certainly if the shoe were on the other foot, I would be willing to accommodate these types of requests for the sake of the children. However, Belia has the opposite attitude. She simply will not do anything voluntarily to assist me,, even where it may benefit the children, and she treats each request as if this were an all out war.

14. I am also aware that Belia speaks negatively about me to the children. Because Belia has the belief that I am not paying child support, she has tried to convince the children that I am a bad person. In fact, the children have reported to- me during visitation that they believe I am not paying. They constantly ask me questions about my payment of child support and my refusal to provide money to their mother. It is absolutely clear that Beha talk constantly to all three children about the child support issues. I believe that this has had a very detrimental affect on the children.

Response to the Petitioner's Allegations

15. I have received and reviewed Belias Notice of Motion and Motion to Compel Compliance with the Temporaiy Order, and the Notice of Motion and Motion to Compel Discovery which were filed by Belias attorney. I would like to respond to the items raised in those motions.

Response to Linda Wold Affidavit Dated April 18.1996

16. I have reviewed the affidavit of Linda Wold dated April 18, 1996. This affidavit relates to issues of child support and visitation. Belia did not submit any affidavit on her own behalf with respect to these issues. Therefore, I will respond to the affidavit of Belias attorney.

Linda Wold's Accusation that I have not Provided Belia with an Address

17. Since I left home, I have had visitation on only two weekends. During the first weekend, I did not yet have an apartment. Therefore, I spent the weekend at a local Holiday Inn with the children. Belia was given the name and phone number of the hotel well in  advance. The children spoke with Belia by telephone on March 29th and March 30th during that weekend. (See the Holiday Inn bill which is attached and identified as Exhibit B.) The second weekend (April 11th- 13th) was spent in my apartment in Maplewood. Belia knew my address prior to the visit. I was surprised when I learned through my attorney, on April 17th, that Belia was claiming not to have my address. In fact, when I learned of this claim I had my attorney send a letter by messenger to Linda Wold on April 18, 1996 stating my address so that there would be no confusion in this regard. I believed that the letter would finally put an end the pretense that Belia does not know where I live. However, after receipt of that letter, my attorney still received a motion, on April 22, 1996 which continues to claim that I have not provided my address.

18. I am shocked that Belia would claim at this juncture, that the address is not provided. Throughout all of the contacts between the attorneys and the parties, my attorney does not have a single letter from Ms. Wold, or from Belia, claiming that they needed to know my address. If Belia really was without my address during the past several weeks, why didn't she simply ask me? The reason that there was not a call or a letter requesting the address is that Belia is pretending not to know the address, simply so that she could use an issue against me.

Linda Wold's Accusation That I Have Refused Phone Access

19. I have not refused phone access. As stated above, there have been only two weekends of visitation. During the first weekend, there was full phone access. During the second weekend, I did not have a telephone. Based on my extreme financial circumstances, and the brief period that I would live in the apartment, I have not had a phone hooked up in the apartment. However, even though I have not had a phone, Belia knows that she can reach me, and that she can make arrangements to have phone contact with the children during visitation, by simply talking to me about this access. I am willing to cooperate in making sure that the children can speak with her by phone. However, this has never been even raised as an issue by Belia prior to bringing this motion.

Response to Linda Wold's Accusation That I Exerted Pressure On Belia to Aggree to Change the Visitation Time

20. This accusation that I "put pressure" on Belia is completely absurd. The occasion which gives rise to this accusation was the one earlier described in this affidavit, in which I had called on the morning of Friday, April 11th and simply asked to be able to pick up the children a half hour or an hour early. The notion that this would give grounds to a motion in which I am accused of "exerting pressure" seems absolutely astounding. I would like very much to be able to communicate with Belia for the best interests of our children. However, when a request for this type of courtesy is deemed as a threat or pressure, I am very pessimistic about the ability to communicate in a meaningful way.

Response to Linda Wold's Accusation That I Have Not Dealt With the "Visitation Problems"

21. In paragraphs 5 and 6 of her affidavit, Ms. Wold talks about how she had spoken with my attorney on two or three occasions about the "visitation problems" and that she had not received an adequate response. To this day, neither my attorney nor I are quite sure what she is referring to as the "visitation problems". In fact, visitation has been exercised, despite Belia!s threat to deny me visitation on the weekend of March 29th through the 31st. I can only assume that the "visitation problems" that are suggested by Ms. Wold, are the claimed lack of address, or the fact that I requested the opportunity to pick up the children a half hour early on the weekend of April 12th. I believe that these are non-issues which are raised solely for the purpose of trying to gain leverage in a custody fight. I have asked my attorney not to engage in these type of verbal battles, if possible, and he has honored that request.

Response to Linda Wold's Accusation That I have not Paid Child Support

22. Linda Wold falsely accuses me of failing to pay the child support. In fact, I have paid my child support on a timely basis, and I have bent over backwards to attempt to get the child support to Belia as soon as possible. However, because of Belias refusal to cooperate, and because of the delays of the Hennepin County Support and Collections system there has been significant miscommunication regarding the support. In order to make it completely clear to the Court that I have made timely basis and operated in good faith, I need to set forth, in detail, the following chronology of those events:

a. On March 6, 1996, I received the Courts Order granting temporary physical custody to Belia and ordering me to pay child support in the amount of $1,863.75, commencing March 1, 1996, and spousal maintenance in the amount of $1,500.00 per month, commencing March 1, 1996. These payments were to be made through wage withholding through Hennepin County Support and Collections. The Order also stated that "unfil the automatic income withholding herein is implemented, the obligor shall be responsible to make the payments ordered herein directly to the Hennepin County Support and Collections Services". Since I did not receive the Order until March 6th and had payments due on March 1st, I was not sure how to handle the situation. The Order also made Belia fully responsible for the mortgage payment. However, I had already made the March mortgage payment on Belias behalf. I initially considered  to get Belia to return the mortgage payment so that I could make the full support payment on that date. However, I knew that Belia would not reimburse me for the mortgage that I had paid on her behalf. Therefore, I felt that the best solution would be to pay the full support and maintenance obligation, which was due March 1, 1996, minus the March 1st mortgage payment. Therefore, on March 8th, I immediately sent a letter and a check to Hennepin County Support and Collections, in which I paid the difference to Hennepin County Support Collections, and in which I explained to them that I had made the mortgage payment. Attached to this affidavit as Exhibit C, is a copy of the letter that I sent to Support and Collections on that date and a copy of the check to Hennepin County Support and Collections in the amount of $225.22.

b. My next payiment to Hennepin County Support and Collections was due on March 22, 1996. I was scheduled to be out of the country on that date. However, I made arrangements through a friend, Craig Bronniche, to make the payment on my behalf. I left instructions with Mr. Bronniche to wait until March 22nd to determine whether the support and maintenance was withheld from my paycheck. If the amount was not withheld he was to send the payment in on March 22, 1996. The amount was not withheld, and Mr. Bronniche sent in the payiment on March 22nd. Attached to this affidavit as Exhibit D, is a copy of the check in the amount of $1,681.87 and a copy of the letter which was sent by Mr. Bronniche to Hennepin County Support and Collections on March 22, 1996.

c. My next check was due on April 5, 1996. At that time, I sent another check to Hennepin County Support and Collections in the amount of $1,681.88. Attached to this letter and identified as Exhibit E, is a copy of the statement and check that I sent to Court Services on that date.

23. Despite having made all those payments, I learned, upon my return to the United States, that Belia and her attorney believed I was not paying any child support. My attorney informed me that he was receiving calls from Linda Wold saying that I was paying no child support at all. My attorney informed Ms. Wold to contact Support and Collections to verify that payments have been made. Ms. Wold claimed to have called Court Services and learned that none of the payments had been received. I checked my bank records and determined early in April, that both the first two checks to Support and Collections had been cashed. I also verified through Hennepin County Support and Collections that they had received the payments.

24. During this time, I was also hearing from Belia that I was not paying support. In fact she was telling my children that I was not paying support. I understood that the mortgage was due and that Belia had expenses to pay. Yet, I did not know what to do. I had been making timely payments and yet the payments, for whatever reason, were not being acknowledged.

25. During this time, Belia was stating that I should immediately pay her the $2,000.00 for attomey's fees. I recognize that I am ordered by the Court to pay $2,000.00 in attomey's fees. However, the Court Order did not say precisely when the fees were due and owing. Because the support and maintenance obligations require me to pay 64% of my income, and because of other expenses that I had, I had hoped to spread the payment of Belia!s attomey's fees over time. I had offered to make arrangements for payment over several months, but received no response. Ultimately, in an effort to help Belia meet her expenses while she was waiting for child support to come in, I sent Belia a letter offering to provide three checks totaling $2,000.00 to cover the obligation for attomey's fees. Specifically, I offered to pay the mortgage for April in the unount of $1,456.00, the child care expenses for March in the amount of $250.00, the dentist bill of $27.54, and an additional check for Belia in the amount of $265.80. This amount totalled $2,000.00. Attached to this letter as Exhibit F, is a copy of the letter I sent to Belia along with a copy of the checks totaling $2,000.00.

26. Unfortunately, to my dismay, Belia refused to accept the $2,000.00. She returned to me the check for $265.80, and stated specifically that I am to send the $2,000.00 directly to her attorney rather than to her. However, the Court Order specifically states that the $2,000.00 was to be paid directly to Belia and not to her attorney. Under the circumstances, I could not understand why Belia would refuse acceptance of the money and the mortgage payments on her behalf since she appeared to be in financial desperation.

27. I next received a notice from Hennepin County Support and Collections, stating  I was in arrears on child support and spousal maintenance and that because of the arrearage, they were now going to withhold $4,036.50 per month to cover the arrearages. I was dismayed by this notice since I believed that I had done everything that was required. However, when I called them, I learned that because Belia refused to acknowledge my payment of the mortgage, they were showing me as being in arrears in that regard. In addition, their computer had still not shown the payments that I had made and, therefore, I was shown as having a significant arrears. Attached to this affidavit and identified as Exhibit G, is a copy of the notice I received from Support and Collections (dated April 9, 1996), identifying the arrearage that they claimed I owed. It was especially fiustrating to receive notice after I had even received a phone message from Support and Collections on April 2nd, in which they acknowledged that they had received my payments. I also have the checks to which I wrote out on March 8th and March 22nd showing that these checks had cleared.

28. I understand from talking with my attorney that because of the large volume of cases handled by Hennepin County Support and Collections, these problems are not uncommon. Nevertheless, it has been very frustrating for me. In fact, from March 6th when I received the Order until April 8th when I received the arrearage notice from Hennepin County, I had paid a total of $ 7,043.00 either directly to Support and Collections or to Belia on her behalf. (See Exhibits C, D, E and F.) I paid this amount even though my total income from March gth to April 8th was $5,250.00. Despite having made these payments in advance, I was being treated by Support and Collections, by Belia, and by Belias attorney as having been not complying with support. I take my obligation to pay support and maintenance very seriously and have done every effort to make timely payments.

29. After receiving the arrearage notice, I called up Support and Collections and tried to get a determination as to how I can get this matter corrected. I finally decided that I would stop payment on the mortgage check since I was not going to get any credit for it, I would stop payment on the $1,681.00 April payment, and that I would agree that they could withhold $4,036.50 from my final check from Tetra-Rex which is due at the end of April. I then wrote a letter to Belia indicating how these would be satisfied. Attached to this letter and identified as Exhibit H, is the letter that I wrote to Belia on April 11th informing her that I had cancelled the checks and informing her that they may now deduct $4,036.50 from my April check to cover the arrearages.

30. Having made all of these arrangements, I had hoped that the matter would now be resolved. Throughout all this time, my attorney was explaining to Ms. Wold and their various telephone conferences, that I was making these payments. Therefore, both Beha and her attorney knew that I was making the payments in the only manner that I could. Nevertheless, on April 21, 1996, my attorney received a motion asking that I be sanctioned for not paying child support and spousal maintenance.

31. I am willing to follow whatever method is prescribed by the Court for clearing my balance. It has been difficult for me to pay the support, maintenance, and attomey's fees, since the three obligations actually include my entire income. Nevertheless, I understand that they are court ordered obligations and will continue to do so as long as it is ordered by the Court.

32. The confusion regarding child support has not only led to an unnecessary child support motion, but has also been used by Belia to prevent the removal of my personal belongings. I have attempted to get my personal belonings through Belia so that I could bring them when I return to Sweden. Since my company will pay for my belongings to be moved to Sweden, it is important that I obtain these belongings as soon as possible. If I have to return these household goods to Sweden at a later date, it could cost more than  $10,000.00. I have attempted to negotiate with Belia regarding the removal of my personal belongings. I have even offered to take only a fraction of the personal belongings in order to reach an agreement. However, Belia has refused to negotiate about this unless I pay her $19,586.59. Attached to this affidavit and identified as Exhibit 1, is a copy of a letter I received from Belia indicating that she would not discuss this or other issues imtil I pay her $19,586.59.

 Belia's Refusal to Cooperate in the Filining of the Tax Returns

33. I had hoped to obtain some money to assist me in paying these obligations by filing a joint tax return. I had retained an accountant, Kristine Machut, to, prepare a joint tax return for Belia and myself. Attached to this affidavit and identified as Exhibit J, is a joint tax return prepared by Ms. Machut. The tax return shows that we are entitled to receive a federal tax refund of $1,412.00. Unfortunately, I was unable to get Belia to sign the tax return. Initially, Belia said she would not sign the tax return or provide her W-2 unless we gave her the "full original" tax return prior to her supplying the information. Both my accountant myself, and my attorney tried to explain to Belia and her attorney that we could not provide the "full original" until Belia provided her W-2. Nevertheless, we were unable to persuade Belia to cooperate and, in fact Belia, through her attorney, indicated that I had Belias W-2. Attached to this affidavit as Exhibit K is a copy of the letter to Ms. Wold from my attorney asking Belia to cooperate in filing a joint tax return. Attached to this affidavit and identified as Exhibit L, is a copy that Ms. Wold sent to the accountant claiming I had the W-2 in my possession. Ultimately, Belia did relent and agree that she did have the W-2 and in fact provided the W-2 to my accountant. However, she still refused to sign the return for reasons that are completely unclear to me. I have asked my accountant to explain and identify the lack of cooperation she received. My accountant did agree to write in her own handwriting a notation on Ms. Wolds letter explaining that she would prepare a joint return and Belia would simply submit her W-2. I have attached that notation and provide it as Exhibit M.

34. In order to avoid adverse consequences with the IRS, I simply signed the return myself and submitted it to them. However, since it does not contain Belias signature, we will not likely receive our refund, and may be penalized as a result of the failure to file. I would ask the Court to require Belia to cooperate in the filing of a joint return in order for me to deduct the tax refund from my obligations to Belia as an incentive to have her cooperate.

Current Income

35. As of May 1, 1996, I have been working in Sweden. Attached to this affidavit and identified as Exhibit N, is a letter from the personnel office at my Swedish employer idenfifying, both in Swedish and through an American translation, the amount of my income. My gross monthly salary will be, as I had predicted it would be, $3,676.00 per month. There would be taxes deducted of $1,434.26 for a net monthly income of $2,241.74.

36. I am asking that the Court order temporary physical custody to me and that my child support obligation be ended since I will be providing the full support for the children in Sweden. I understand that Belia would not be able to contribute child support initially since she will have to seek employment. However, I ask that my spousal maintenance obligation be suspended as well since my full income will be needed to provide for the full support of the children during the time that they are in Sweden.

Further your affiant sayeth not
Axel Johansson
April 23, 1996