Enter your email address:

Delivered by FeedBurner

HIGHLY RECOMMEND

Alexa

« John McCain will Never Get Our Vote! | Main | Michigan American Family Association Supports Michigan House Resolution NN (2008) »

January 30, 2008

Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

Brian Kinter

Who is protecting the children, when the mother will not, the judge tries by the issuance of a court order, (one in which the child protection agencies in Hardin County Ohio and Lebanon County, Pennsylvania and the local police in the same localities will not enforce) and the father is prevented from it by the very same system that is designed to insure it.

Brian Kinter, filed for custody of his 3 children after their mother took them to Pennsylvania to start a new life with a man (Phillip Kerkhove) that they had taken into their home. Taking people in was nothing new for this family; there have been countless people that have benefited by their hospitality. Some might stay a day or two and others that have stayed for months at a time.

As one can imagine the heartache of a family separation. This not only affected this family but by all that know them.
The case was heard by District Magistrate Kathleen Lancaster on June 12, 2007

On June 11, 2007 Miss Boltz (mother) filed paperwork under oath through her attorney Ronald Tompkins stating that “Phillip Kerkhove had seen the strangeness of her and Brian’s life and basically rescued her”. Jenise goes on to say under oath “Brian has done this in retaliation of my filing for child support in Lebanon County Pennsylvania”.
Yet as to date Brian has never received or seen any paperwork to substantiate this claim.

June 12, 2007 First Hearing on the case.
Jenise states that Brian is under investigation by Champaign County Child Protection Agency (CCPA) for suspected sexual abuse of their daughter who is seven years old at the time and that the alleged incident took place about three to four years ago, but the mother has just recently found out about it.

Jenise also states that she was unaware that there was help available to her.
She then proceeds to state that she once stayed at project woman three or four years ago.
I don’t know about you the reader but to me this statement appears to contradict the preceding one.

July 9, 2007 Magistrates Decision and Orders are in from the June 12th hearing.

It states Ms. Boltz is restrained from having the children in the presence of Phillip Kerkhove and her step-father. Obviously the judge has her reasoning for making such an order, this causes Brian great concern and in essence Brian must do all he can to protect their children. And that Brian’s parenting time is suspended pending the findings of the CCPA”s investigation.

On July 17, 2007 Brian’s attorney Sanford Flack receives notification from the Champaign County Child Protection Agency that Brian, is not and has not been under any investigation as to the date of the letter.

In fact the first filing on this alleged sexual abuse was on the 20th of June in Lebanon Pennsylvania. This is eight days after it was presented in court.
Was this a lie? Would someone actually lie under oath?

In this hearing Jenise stated that she was receiving welfare from the State of Pennsylvania.

Did she report the fact that Phillip Kerkhove was residing with her and the children and providing income into the household?
I question this due to the facts that will later be revealed. If not I believe this constitutes welfare fraud. I question the same for the state of Ohio.


August third Brian’s attorney makes a request through Jenise’s attorney that Brian at least be allowed a supervised visitation or phone contact. The response “His client is following the court order and there will be no contact until the investigation is complete”. It has now been seventy days since Brian has even spoken to the children.

August 6th Court hearing on Guardian ad Litem. (G A L) His report appears to be very thorough and had raised several questions.
Ruling made that if Children Services determines that the alleged abuse is unsubstantiated that Mr. Kinter shall enjoy parenting time with the children.
Also states that a psychological examination will be of assistance.
Jenise is to bring the children to the family home at the conclusion of school on August 31st.

August 28, 2007 Jenise’s attorney files a motion to terminate the visitation.

Brian is subjected to these allegations of sexual abuse five times by three different Children Protection Agencies and three different police departments.
Each of them deriving at the same conclusion, that the allegations are unfounded.
Brian knows the truth, however he must prove it.

After the fourth allegation is raised, Brian requested a polygraph examination which, cleared him and thus will allow him to be able to once again to be able to enjoy time with his children.

August 31, 2007 Jenise’s attorney sends Brian’s attorney a fax stating that Jenise will be bringing the children to the Urbana Police Department, departing Pa. at the conclusion of school. Which should have arrival time around 11:30pm?
Brian travels to the police department and checks in with Officer Kizer at 11:10 pm
Brian waits until after 1 am. Jenise and the children never arrived.
Brian worries that they broke down or have been in an accident. He has no way to contacting them; he has never been given their new phone number.
No phone call from Jenise to Brian or the police department stating that they would be delayed.

September 1st Jenise and the children arrive at the family home accompanied by two officers from the Sheriff’s office. Brian is relieved.
It is later revealed that the children had no school on the 31st of August.

Jenise’s attorney files a response to the Guardian Ad Litem’s report

In Item # 6 Jenise states” Mr. Kerkhove cannot contribute to her as he must support himself”.
Was not this an attempt to defraud the court of the fact that she was not complying with the courts orders?

September 14th Brian travels to Pa. for his allotted time with the children.
September 16th Brian returns the children at 6pm. At 8pm Jenise calls Brian wanting to meet the following morning.

September 17th the meeting takes place. Jenise asks Brian if she can borrow $1,000 to move back to Ohio to make it easier on her and, the children would be closer to Brian.
Jenise signs a notarized agreement. It states Brian shall have free access to the children.

September 24th Jenise, children and Phillip Kerkhove (yes that’s correct the man that the children are not to be in the presence of) move to Hardin County Ohio.
October 5th Brian went to the elementary school to have lunch with his children. The principal advised Brian that Jenise requested to be notified if Brian came to the school because she was concerned that Brian would kidnap the children. (Wait he was not the one that took them 400 miles away.)
Brian was not able to have lunch with the children.
Wait Jenise signed an agreement that Brian was to have free access to the children.

Brian employs private investigators here in Ohio and the State of Pennsylvania to bring forth the truth, this costing him several thousands of dollars.

October 22nd Jenise becomes aware that Brian has retained the private investigator in Ohio. Brian obtains proof that Phillip Kerkhove is around the children.

October 23rd Brian notifies the Hardin County Child Protection Agency of the violation of the court order. The response it’s a civil matter they do not enforce the order. A call to the Kenton Police Department would bear the same results.

Brian’s questions who is protecting my children? Do they not see the ongoing damage being inflicted upon them?

October 24th Then on October 24th PI in Pa. was able to obtain reports from Daniel Keim, Christina Chadwick, Howard and Marie Chaney( all family members of Jenise’s) plus was able to speak with Jenise by phone.

This was the first time anyone in Jenise’s family knew she had moved back to Ohio.
During this investigation it was revealed that Jenise was in Pa. when she borrowed her son Thomas’s car and drove back to Ohio to pick Phillip Kerkhove up and take him out to Pa. to live with her and the children. (This contradicts what she had stated in court on June 12th) That Phillip Kerkhove had rescued her.

During his investigations all of the above with the exception of Jenise stated that Phillip Kerkhove had in fact been residing with Jenise and the children at Jenise’s sisters, from the time they moved into Chris’s until around the middle of September, (when they left to move back to Ohio funded by Brian) this in total violation of the court order.

Yet Jenise continues stating that Phillip Kerkhove has not been in the presence of the children.

On October 31,2007 her attorney filed a motion asking that Phillip Kerkhove be allowed to be in the presence of the children( why now Jenise has totally disregarded the court order since it was issued) and that he was supportive to Jenise emotionally and financially. (Wow this man is supportive to Jenise financially, yet owes more than $10,000 in back child support to his own daughter) Yet in terms of financially this is in contradiction as to what she had previously reported. In the documentation in this motion she states that Brian has been a source of irritation to school officials. Mr. Blechinger the principal reported that he has never had any problems or struggles with Brian signed an affidavit to such..

November 6th Brian called Hardin County Child Protection Agency again to see if they could perform a health & welfare check for the best interest of the children. He spoke with Cari Bowman he then called Pat Wainscott (the P I here in Ohio) and asked if he would place a call to this agency to inform them of the findings of his investigation. Brian faxed a copy of the court order to this agency.

November14, 2007 Brian called Hardin County Child Protection Agency at 9:59 am to inquire as to if they had done a health and welfare check. Miss Cari Bowman said he needed to speak with a Miss Claire Crates. Another allegation of sexual abuse has been raised. She said Brian was to call Champaign County Sheriff’s office and speak with a Detective Brown.
She could not tell Brian as to rather or not Phillip Kerkhove was residing there.

December 7, 2007 Depositions

Jenise stated that she has done nothing to prevent Brian from remaining an active part in the lives of the children. Actions speak louder than words.

At the depositions Jenise stated that she was aware of the court order clearly stating that Phillip Kerkhove was not to be in the presence of the children.

Faced with the overwhelming evidence Brian produces, Jenise finally admits that she has never complied with the courts orders.

I believe that it has become abundantly clear that Jenise has not honored any agreement or order since the beginning of this.

What does a father do when the mother continually shows the children that you can lie, connive, use deceit, and manipulate whoever, whatever, and whenever you want in order to pursue one’s own selfish desires?

There has been a civil case in Butler County Ohio where the mother was given 3 years for perjury. My understanding was the father pressed for prosecution under Ohio Revised Code 2921.22

I for one think it is about time that parent’s are held accountable for their actions.
I cannot comprehend how it is that lying under oath is viewed differently in a civil case verses a criminal case. A lie is still a lie and they can have long term affects on those injured by them. Thus charges of perjury should be brought forth.

The next hearing on the case will be heard on March 31st 2008 this is more than two months away.
It is my heartfelt plea that the court might find away to expedite this hearing in an effort to help minimize the ongoing damage being done to not only Brian but to the children as well.

I will leave you with the words of the First President of the Senate, and the Second President of our nation, John Adams:
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence."

In the mean time I ask you the reader to please take a few minutes to write and or call Brian to show him your support and encourage him through these challenging times. Contacts are by e-mail scottvinnette1@iapdatacom.net Home address 4525 Flatfoot Rd. Cable, Ohio 43009 or by phone at 937-605-3663

The comments to this entry are closed.