Minnesota Court of Appeals
|
Belia Jimenez-Lorente, Petitioner, and Axel Johansson, Respondent |
County of Hennepin, Fourth Judicial District Court Family Division
Request for appeal and affidavit in support of an appeal. |
Dir Sirs and Madams
I request that you review the hearing held before Judge David Duffy on January 15, 1997. I have tried to have the Swedish justice system reject the orders issued by Judge Duffy since I think they have been issued in a way contrary to what we call "Ordre Public" in Sweden. After rejection from the Swedish Supreme Court 98-04-03 I have learned that my appeal should first have been directed to the Minnesota Court of Appeals.
In the court report from the hearing 97-01-15 (Page 35, Line 8) I read the following statement from Judge David Duffy,
"It would also be a direct criminal contempt for which he does not need or
have the right to a jury trial inasmuch as it was done in the presence of the
Court relative to the disrespect and relative to the lying to the Court."
I interpreted this statement as if I have no right to appeal the rulings issued in the order from 97-02-03.
Concerning the disrespect to the court (Page 23, Line 20):
After being provoked and threatened by judge Duffy I lost my temper for a second and made a statement that reflected my feelings about the justice system he is representing. Before this I tried to make the judge aware of the language he was using. If respect is an issue that results in a warrant for my arrest, then I expect it to be mutual. Is it respect when a Judge says "I'm going to do everything I can to make your life miserable within my power to do so"? Is it respect to say "I'll swear out a warrant for your arrest in this country if you should ever come over here. It's going to make it difficult on child custody, should you ever be awarded same"?
Concerning the lying to the court (Page 31, Line 25):
I still maintain that I have not lied to the court. I do not have any Swiss bank accounts and I have not said I don't care to share the information. Judge Duffy could not recite what I should have lied about and refused me a copy of the court report if I did not submit myself to his jurisdiction. I could not believe what I heard and read. I thought that people where supposed to be innocent until proven guilty. Does that not apply to Family Court in Minnesota?
Concerning the courts jurisdiction over my person (Page 15, Line 21):
When a judge has to ask the petitioners lawyer about his jurisdiction over my person I am really afraid for my safety in your country. With the international complications involved and judge Duffys comment that the Court theoretically has no jurisdiction over my person, I find myself in the hands of the unscrupulous lawyer called MS Wold. Sweden has signed international treaties and respects those according to Swedish Law. According to the Swedish law (1976.108) I have the right to appeal any request for child support submitted by a petitioner in a foreign country. The child support issue has now been resolved but the Swedish court does not want to make a judgement on Judge Duffy's rulings before they have been properly reviewed by an appellant court in Minnesota.
Concerning the Child support and legal fees:
The current orders of child support and legal fees will not give me any possibility to have any relation with my children. With my income, the Swedish child support is $450 compared to $785 in Minnesota. This assumes that you live within the normal visitation area. To ask that I voluntary give up my children, forced me into civil contempt according to Minnesota laws. I have tried to make the court aware of the economical circumstances already on July 28 and September 9, 1996, but my motions where not properly before the court according to judge Rosenbaum. They where reserved for trial but Judge Duffy didn't bring them up at his default hearing 97-02-20.
I am currently living on the minimum needed for existents in Sweden, $1090. The rest of my salary, $949 is deducted and sent to my ex-wife by the Swedish Collection Agency to pay for arrears and current child support. The difference in the numbers from earlier orders is due to the change in currency rates. In May 1995 it was 6.68 and it is now 7.79 crowns to the dollar. Swedish inflation should of course be paid by me? I don't really care anymore. I will always keep or be paid $1090.
I now follow the rules and legislation of the Swedish Justice system. I followed the rules and legislation while I was living in Minnesota. Please respect that I am not a U.S citizen and can not understand how your justice system works. I can neither understand how a normal father in your country can afford it.
Concerning the Custody of our children:
Family Court Services recommended in their custody evaluation that I should have custody of our children and that they should move home to Sweden with me. It is the same conclusion that my ex-wife made when she decided to stay in the U.S. in the summer 1995 and when we had troubles in 1989. Regardless of what any judge may think I am honored by these recommendations. It shows that when it is a question of the wellbeing of my children we all agree. I can not understand that the court disregards these recommendations solely on the current testimony of the petitioner. But I suppose that Referee Meade and Judge Duffy knows better then anyone else.
The court should have known by the motions and affidavits from petitioner and her cohort, that she will not let the children have a relation with what they knew as their father. Now I'm degraded to the guy that calls every Sunday and request that "we" speak to him. Sometimes they excuse themselves that they are busy or tired. Before it was due to that they where not allowed to speak to me if my ex-wife was not at home. That my children have not seen me in 2 years and 3 months has changed my view about custody. I wish that somebody could objectively teach them about their options without the acrimony of the divorce. Maybe then they could regain some of the love and respect they once had for me.
Since the current situation will not leave me with any economical possibility to even have phone contact with my children I hereby request to be tested if I am their biological father. Before I met my ex-wife I had lived in 2 close relationships and planned for children without getting any. These women have children today. My ex-wife's lifestyle during our 10 year marriage has given me many sleepless nights wondering what is the right thing to do.
In Sweden my ex-wife performed an abortion in 1988 against my wish. I have now learned the reason for this through her Swedish friends.
After being accused of rape, abuse and causing irritation in my daughters private areas I believe that these false accusations can only be done by someone who has privileged information. No "real" mother would do anything similar to the children's father 1 month before the return to their "home country". Since in her deposition 960115 my ex-wife alleges that my only contribution to these children has been a sperm, I think it is time to remove all doubts if even that is true.
I would like that someone would monitor what my ex-wife will do if there should be any truth to my suspicions. Regardless of what she's done to me and our children, I do not want them to loose their mother. She has built up a network based on her accusations against me and I think it would be life threatening to her if that should brake apart.
I hope you do not think that I am doing this to escape responsibility. I will gladly adopt these children if it should turn out that they are not of my flesh and blood. I've had 10 years full of wonderful memories with them. I will always be there for them if my ex-wife should decide she can't support them again. They are the only things that matter to me in this world and I will not drag them into lifelong visitation disputes. She has already replaced my mother with her adopted "Minnesotan Grandmothers". If the custodial parent can not understand the importance of the other parent, then I will wait until they can make their own decisions. Regardless of all advises, both legal and friendly, I will put my self in your hands to do whatever you want with me. I just hope that you do it in the interest of the children.
I have 3 weeks vacation when I can be available for any trial you would like to hold.
………………………………………..
Axel Johansson
Gårdsåkra 11 A
241 35 Eslöv
Attachment 1: Translation of appeal to the Swedish "District Court"
Attachment 2: Translation of appeal to the Swedish "Supreme Court"
Attachment 3: Respondents statement after the hearing 97-01-15