CHILDREN:Alexander, DOB: 12.20.1985, age 10 Stefan, DOB: 01.05.1988, age 8 Rebecca, DOB: 1.27.92, age 4

DC# 218153 FCS# 23557

COURT STATUS:

On January 23. 1996, the Court ordered that the petitioner and the respondent to participate in custody mediation and/or evaluation. The parties were ordered back to Court on February 22, 1996. The Court ordered, "The parties are granted the temporary joint legal custody of the children. Petitioner is granted a temporary physical custody of the children, subject to liberal and reasonable visitation by respondent. This visitation will include alternating weekends from 6:00 p.m. on Fridays until 8:00 p.m. on Sundays, and one evening per week from 4:00 p.m. until 8:00 p.m. The Department of Court Services shall, during the course of its custody and visitation evaluation, have the authority to recommend a different or a more specific visitation schedule. Currently, no Court date has been scheduled.

INERVIEWS AND COLLATERAL CONTACTS:

1/23/96 Office interviews with Ms. Jirnenez-Lorente and Mr. Johansson separately
1/29/96 Office interview with Ms. Jiinenez-Lorente
1/31/96 Office interview with Mr. Johansson
2/8/96 Home visit with Ms. Jimenez-Lorente, Mr. Johansson, Alexander, Stefan, and Rebecca (Both parties continued to reside in the homestead at the tiine of the home visit)
2/26/96 Office interviews with Alexander, Stefan and Rebecca separately
3/4/96 Office interview with Ms. Jimenez-Lorente and Mr. Johansson jointly

The following collateral source was contacted:

Steven T. Johnson, CCDP, Family Court Services, written chemical dependency report dated March 18, 1996.

BACKGROUND INFORMATION:

Ms. Jiinenez-Lorente and Mr. Johansson were married on June 1, 1985 in Madrid, Spain. Alexander, Stefan and Rebecca were born during their marriage. Ms. JimenezLorente is a Spanish citizen and Mr. Johansson is a Swedish citizen. Alexander and Stefan were born in Spain and Rebecca was born in the United States. Ms. JimenezLorente petitioned the Court for an Order for Protection for herself and the children against Mr. Johansson. Her request to the Court for the Order for Protection was denied. However, while the Court was considering the Order for Protection, Mr. Johansson stated that he spent a brief period of thne out of the homestead. After Ms. Jimenez-Lorente's Order for Protection was denied, Mr. Johansson returned to the homestead. The parties had a Court hearing in Family Court on February 22, 1996. The order from that hearing stated that the parties were granted temporary joint legal custody and Ms. Jiinenez-Lorente was granted temporary physical custody of the children subject to Mr. Johansson's visitation schedule as follows: Alternating weekends from 6:00 p.m. on Fridays until 8:00 p.m. on Sundays and one evening per week from 4:00 p.m. until 8:00 p.m.

RESULTS AND OBSERVATION.

1. The wishes of the child's parent or parents as to custody.

Both parents are requesting sole legal and physical custody of the children.

2. The reasonable preference of the child of the Court deems the child to be of sufficient age to express preference.

All three children stated that they would like their parents to stay together. Alexander stated that he likes living in the United States better than living in Spain or Sweden. He stated that he has lots of friends in Minnesota. Alexander stated that his mom spends more time with him because his dad works a lot. He said that his dad spends a lot of time with him on weekends. Alexander stated he would like to live in the United States during the school year and visit in Sweden in the summer.

Stefan said that both parents have hit him, either with a belt or with their hand. He said his father has thrown him in the snow and made him take a cold shower. Stefan stated that he was not sure what he wanted to do as far as living in the United Stated or moving to Sweden with his dad. Stefan appears to be very torn regarding his parents' divorce. Stefan stated that his mom spends more time with him because his father works alot. However, he said that his father does spend alot of time with him on weekends. Stefan stated that he likes living in Spain but he also likes living in Sweden.

Rebecca stated that she spends the majority of her time with her mother. She said she really likes when her dad comes home and spends time with her after work and on weekends. She said she wants to spend time with both parents.

3. The child's primary caretaker.

Both parents stated that Ms. Jiinenez-Lorente has been the primary caretaker for the children. She is not employed, and is a student at Augsburg College. Mr. Johansson works outside the home. He may work 8-12 hours per day. Mr. Johansson said he has taken off of work to take the children to the doctors. He said he would spend the majority of the weekends with the children, because Ms. Jimenez-Lorente would often be involved in a college related function.

4. The intimacy of the relationship between each parent and the child.

And

5 . The interaction and inter-relationship of the child with a parent or parents, siblings and any other person who may significantly affect the child's best interests.

I was able to observe each parent with the children at the homestead. I observed both parents to be attentive and affectionate towards the children. The children interacted freely with both parents. Each parent appeared to have separate activities that they are involved in with the children. It appears that Mr. Johansson assists the children with their computer activities. During the home visit, it appeared that the children really enjoyed themselves playing with Mr. Johansson. He would playfully wrestle with them and the children climbed all over him.

While observing the children with Ms. Jimenez-Lorente, she and the children sat at the table eating banana bread which she had baked and talking to one another. Eventually, she and the children went down to the family room, and boys played their Super Nintendo game and Rebecea played with some of her toys. Ms. Jimenez-Lorente spent tiine playing with Rebecca and her toys and eventually Ms. Jiinenez- Lorente joined the boys with their Super Nintendo. The children appear to have a very close bond with one another and with each parent. Both parents were appropriate in their interactions with the children. Even though they are in a strained marriage, they appear to enjoy their individual time with the children.

6. The child's adjustment to home, school and community.

Both parents stated that the children appear to have adjusted very well at home, school and in the community. Mr. Johansson stated that Ms. Jimenez-Lorente contacted the school and daycare to inform the school that Mr. Johansson was not allowed to visit or pick up the children from school or daycare. Mr.. Johansson said he was very hurt by this because he had been allowed to do this in the past.

7. The length of time the child lived in a stable satisfactory environment and the desirability of maintaining continuity.

The parties stated that they have lived at their Plymouth homestead for approximately three years. Ms. Jiinenez-Lorente stated that she would like to stay in the Plymouth area, but she is not sure she can maintain the current homestead when Mr. Johansson moves back to Sweden. Ms. Jimenez-Lorente stated that she would like to stay in the Plymouth area. She said she would probably have to look for a smaller place in that area. She said she also has friends she can rely on.

It appears that Mr. Johansson can offer more stability for the children in Sweden. He stated that he has extended family in Sweden which offers more stability also.

8. The permanence as a family unit of the existing or proposed custodial home.

Ms. Jirnenez-Lorente is offering the homestead as the proposed custodial home if she can financially maintain the home. She said she may have to fmd a smaller home in the Plymouth area. Mr. Johansson stated that he will be moving back to Sweden as soon as possible. He stated that it would be much easier for him to maintain housing for him and the children in Sweden. Mr. Johansson is offering his home in Sweden as the proposed custodial home for the children.

Mr. Johansson is also concerned because they are all in the United States on temporary green cards, except Rebecca. Rebecca reportedly was born in the United States. He said the whole family came to the United States temporarily due to his work assigmnent. He is concerned that Ms. Jimenez-Lorente and the boys may not get citizenship in the United States.

9. The mental and physical health of all individuals involved.

Both parents stated that the children are relatively good physical health. Ms. JiinenezLorente stated that she has asthma and is allergic to insect bites. However, she said that she is not taking any medication for either. Mr. Johansson stated that he is in good physical health and he is currently not taking any medication.

Ms. Jimenez-Lorente accused Mr. Johansson of having a drinking problem. She reported that he drinks often after he gets home from work and, at times, get drunk and has even passed out. Both parties were referred to Steven T. Johnson, CCDP, Family Court Services, for a chemical dependency evaluation. Mr. Johnson stated in his summary and recommendations, "Based upon the information available, there are no indications of alcohol or drug use on the part of either party that could be a factor in custody determination at this time. "

Mr. Johansson said Ms. Jimenez-Lorente wrote a suicide note to the children in 1989. He said that, in her note, she said everything was her fault and he (Mr. Johansson) knows how to take care of them. Ms. Jimenez-Lorente said the letter was tampered with.

10. The capacity and disposition of the parties to give the child love, affection and guidance and to continue education and raising the child in the child's culture and religion, or creed, if any.

Both parents have the capacity and disposition to give the children love, affection, guidance and to continue educating and raising the children. All three children appear to respond very well to each parent. Both parents appear to have similar styles in raising the children. One of the differences they do have is the way that they discipline the children. Mr. Johansson admitted that he has given the boys cold showers when they acted out. He stated that this has only happened one or two times in their lifetimes. He even admitted to an incident when he pushed the boys outside in their pyjamas for a few seconds just to cool them off and then they came right back into the house. He said he would never do that again.

The boys stated that Ms. Jimenez-Lorente has hit them in the past as a means of discipline. Alexander stated that Ms. Jimenez-Lorente has slapped him and kicked him when she was angry with hin. He said when she kicked him she did not have her shoes on and he was kicked in the buttocks. Stefan said that he was hit by his mother also. He said that, if she gets mad at him, sometimes she would hit him as a means of discipline. Both boys stated that their mother yells at them alot when she is angry. Overall, it appears that both parents have a great deal of love for the children and the children have a great deal of love for each parent. There is a very close bond between each parent and their children.

Ms. Jimenez-Lorente said that she has much schooling ahead of her, she will probably have to go on welfare until she finishes school and she probably will not be able to keep the homestead.

11. The child's cultural background.

Ms. Jimenez-Lorente is from Spain and Mr. Johansson is from Sweden. Both parents would like to have the children educated regarding their culture. Both parents have a great deal to offer the children culturally. It does not appear that either parent would try to interfere with the other parent's cultural influences on the children. Neither party stated any religious concerns.

12. The effect on the child of the actions of an abuser, if related to domestic abuse as defined in Section 518B.01 that has occurred between the parents.

Ms. Jirnenez-Lorente made several allegations of abuse by Mr. Johansson. She said he was physically, verbally and emotionally abusive towards her. Mr. Johansson denies being physically abusive towards Ms. Jimenez-Lorente. He claims that Ms. Jimenez-Lorente has been emotionally abusive towards him and that they were verbally abusive towards each other. Ms. Jiinenez-Lorente filed for an Order for Protection against Mr. Johansson, which was denied. Both parties stated that, after Ms. Jimenez-Lorente's -attempt to obtain an Order for Protection, initially Mr. Johansson moved out of the homestead. After Ms. Jirnenez-Lorente's Order for Protection was denied, Mr. Johansson moved back into the homestead. Mr. Johansson denies ever being abusive towards Ms. Jiinenez-Lorente. After Mr. Johansson moved back into the homestead, there were no reports of any domestic abuse or physical violence between them. The children reported that they heard their parents argue. Stefan stated that he believes that Mr. Johansson hit Ms. Jimenez-Lorente. However, he could not state for sure if either party was physically assaultive. The children are well aware of the conflict and the tension between their parents.

13. Except in case in which a finding of domestic abuse as defined in Section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.

Both parents claims that they would not interfere with the other parent's access time with the children. Ms. Jiinenez-Lorente stated that, if she has awarded physical custody of the children, Mr. Johansson could have access time with the children whenever he is in the United States. Mr. Johansson stated that he has never tried to interfere with Ms. Jimenez-Lorente's access time with the children. He stated that she could see the children whenever she wanted to in Sweden if he is granted physical custody of the children.

SUMMARY:

Ms. Jimenez-Lorente and Mr. Johansson are two good parents who love their children a great deal. Neither parent has citizenship in the United States and are here on their green cards. Alexander and Stefan were born in Spain and Rebecca was born in the United States. Mr. Johansson plans to move back to Sweden as soon as these Court proceedings are over. He would like to take the children with him. Ms. JimenezLorente stated that she plans to remain in the United States. Even though she is not a citizen in the United States, she believes that she will obtain citizenship shortly. She would like the children to remain with her in the United States. Alexander and Stefan appear to have mixed emotions regarding remaining in the United States or living in Sweden with their father. All three children appear to have a very close bond and relationship with each parent. Ms. Jiinenez-Lorente filed for an Order for Protection against Mr. Johansson which was denied. Both parties admitted that the communication between them has virtually stopped.

Even though Ms. Jimenez-Lorente has been the primary caretaker for the children, and Alexander states a preference to live in the United States, Mr. Johansson appears to offer more stability and a lifestyle shnilar to what the children are accustomed to in Sweden. Also, the children would have extended family in Sweden, compared to none in the United States.

Realizing that Family Court Services does not deal with financial issues, both parents stated that the amount of money Mr. Johansson could provide after he returns to Sweden would be significantly lower than what he is currently providing now. This would significantly affect the quality of life for the children if they were to remain in the United States with Ms. Jimenez-Lorente. Ms. Jimenez-Lorente said, if she had custody of the children, she would probably go on welfare until she finishes school and would probably ,have to sell the homestead. She said see plans to complete her Bachelor's degree and eventually get her Masters and Ph. D.

Neither party is requesting joint legal custody.

RECOMENDATIONS:

1. That Mr. Johansson be granted sole legal and physical custody of the minor children.

2. That Ms. Jiinenez-Lorente be allowed to have half of the summer and one major school break, in the United States; and access thne with the children whenever she is in Sweden.

3. That the children be allowed to finish the school year at their current schools, prior to moving back with Mr. Johansson to Sweden.

Respectfully submitted,       Reviewed by,
Gary D. Shackleford,         M.A. Michael O. Shamblin
Family Court Officer          Unit Supervisor
cc: Linda L. Wold, Attorney
  Ronald Ousky, Attorney