| --PEERgroup --Parental Equality Enforcement Resource |
| Jan 20, 2000 - Outside pleading filed with the court by someone or some agency...who is it? We have asked court to respond and will post on this website as soon as available. Jan 31, 2000 - Garry’s attorney requests that, since Kathy is once again ignoring court orders, Bonaventura follow through on her threat to remove Teri Ann from the custody of Kathy. Court sets hearing for 2/22/00. Feb 2, 2000 - Letter (supposedly written by Teri Ann, but Garry claims the handwriting is Kathy's) and photos taken New Years Day sent to judge Bonaventura as ex parte communication. Bonaventura keeps this secret from the attorneys. Feb 16, 2000 - Dr. Helding faxes letter to Bonaventura. Copy has not been made available by the court yet. To be posted here when available. Feb 22, 2000 - More pictures, a letter and an audio tape secretly received by Bonaventura as ex parte communication from Kathy and Teri Ann. Bonaventura makes no mention of this to Garry’s attorney. Hearing is also held on this date. Feb 22, 2000 - HEARING: Bonaventura refuses to remove Teri Ann from her mother despite previous court orders to: “Failure to comply with this court order will result in child’s removal from her home.“ Court instead takes “under advisement” the request to remove Teri Ann to facilitate reunification, despite previous placement arrangements presented to the court. Feb 23, 2000 - Bonaventura sends letter to Dr. Helding ordering “custody evaluations to be conducted to determine which parent is more appropriate to maintain sole custody of the minor child...I am also requesting that you determine a visitation schedule for the non-custodial parent thereafter.” Dr. Helding would later make these recommends and Bonaventura would rule in the EXACT OPPOSITE manner. March 13, 2000 - Garry has first (and only) appointment with Helding. May 5, 2000 - Citation of contempt filed by Garry against Kathy refusing to follow court order to make appointment for Teri Ann with Helding. Garry made his appointment on March 13, 2000. Hearing set for 7/11/00 (again, nearly TWO MONTHS exactly into the future). June 14, 2000 - Garry files another contempt citation against Kathy for refusing to schedule her MMPI as ordered by the court. To be heard by Bonaventura during 7/11/00 hearing. June 30, 2000 - Garry files another contempt citation due to Kathy’s non-compliance with court orders regarding attending evaluation sessions with Dr. Helding. July 10, 2000 - Kathy files motion for continuance which is denied. Also files a motion to have Bonaventura recuse herself. July 11, 2000 - CONTEMPT HEARING: - Kathy files pro se motion asking the judge to remove herself from the case and submits letter from family doctor and friend regarding the health of Teri Ann Cook. Kathy’s attorney, Rudy Kutansky, files motion to withdraw from case after being fired by Kathy. Court orders father to have 5 hours of unsupervised visitation each Saturday. Bonaventura finds Kathy guilty of contempt and sentences her to 10 days in jail unless she pay $180 to Dr. Helding so he can continue the evaluation process. Custody hearing set for 9/19/00. July 15, 2000 - When Garry's sister Lori delivers a message to Kathy that he is stuck in traffic and will be a little late for visitation, Kathy files a police report claiming Lori threatened her and Teri Ann. July 22, 2000 - Kathy is arrested for disorderly conduct. She followed Garry and Teri Ann when leaving for their first unsupervised visitation. In part, the police report states "Kathy began changing her stories and began to get caught in several different lies. We were unable to even get a straight answer from her...her even being there, and interacting with Ann, seemed to compromise the visitation between Ann and Garry." The report goes on to describe how "the situation was made even worse as Ann was wearing a microphone/tape-recorder set up". Kathy eventually acknowledged that she knew Ann was wearing the recording device to the police. July 29, 2000 - Kathy claims Teri Ann is sick and cancels visitation. July 31, 2000 - Garry files contempt citation when Kathy refuses court ordered 5 hours of unsupervised visitation. To be heard at 9/19/00 hearing. Aug 2, 2000 - Garry’s attorney requests judge set emergency hearing due to Kathy’s non-compliance with visitation orders as well as failing to schedule appointments for MMPI as ordered by Dr. Helding. Court sets emergency hearing for 8/16/00. Aug 12, 2000 - Kathy claims Teri Ann is sick again, no visitation. Aug 16, 2000 - CONTEMPT HEARING: Court finds mother in contempt for refusing father visitation and fines her $216 to be paid by September 19, 2000 which equals $.35 per mile that Terry has had to drive on various Saturdays without getting to see his child. Imagine, after YEARS of contempt and deliberate violation of court orders the judge only orders $216 as representative of the value of missed visitations! This makes clear the value that Bonaventura sets on a father-child relationship. Aug 19, 2000 - Second attempt at unsupervised visitation. Garry meets Kathy to pick up Teri Ann. Teri Ann asked to go to McDonalds. Kathy had supplied Teri Ann with a cell phone. Once inside McDonalds, Teri Ann went into the restroom and refused to come out. From there she called her grandparents who arrived to pick up Teri Ann. Garry negotiates with Kathy and Teri Ann to include Katy in visitation so that he can at least have some time with his daughter. Teri Ann, Kathy and Garry spend the rest of the visitation time together and go out to lunch, shopping and swimming. [See 12/21/00] Aug 26,2000 - Kathy claims Teri Ann is sick again. Visitation canceled. Sep 1, 2000 - Bonaventura unilaterally continues hearing set for 9/19/00 to 10/2/00. Sep 9, 2000 - Kathy claims Teri Ann is sick again. Visitation canceled. Sep 11, 2000 - James A. Harris files appearance as Kathy’s new attorney, her 9th. Sep 12, 2000 - James Harris files request for continuance of custody hearing scheduled for 10/2/00. Sep 15, 2000 - Bonaventura grants Harris’ request for continuance and re-sets hearing for 10/24/00 Sep 29, 2000 - Bonaventura continues hearing AGAIN. Re-set 10/24/00 date to 11/7/00. Oct 2, 2000 - Custody hearing cancelled again and rescheduled for 10/17/00 Oct 17, 2000 - Garry’s attorney files a new contempt citation for Kathy’s failure to pay $216 fine to Garry by September 19, 2000 as ordered by the court. Contempt hearing set for 11/7/00. Custody hearing also reset for same date. Nov 3, 2000 - Kathy’s attorney requests continuance of 11/7/00 Contempt Hearing and set it for the same as Custody Hearing, 11/29/00. (Bonaventura has now cancelled and rescheduled this hearing numerous times!) Nov 3, 2000 - Garry’s attorney files objection to continuance. Denied. Nov 28, 2000 - Hearing set for tomorrow, 11/29/00 is CONTINUED AGAIN. Re-set for 12/13/00. Dec 13, 2000 - Kathy pays Garry $216 that she was orderd to pay by 9/19/20. Dec 13, 2000 - CUSTODY HEARING: This hearing is set to determine final custody which was to be determined by Dr. Phillip Helding. Dr. Raliegh Wolff's MMPI evaluation which was submitted to Dr. Helding to assist him in his custody evaluation is also submitted into the record. Wolff's "Examination Results" stated: "Ms. Cook's MMPI-II profile reflects an extreme attempt on her part to present herself as being free of psychological problems, seemingly in order to influence the outcome of the custody evaluation. The results suggest that she may have consciously distorted her responses to create the impression that she is extremely moral, virtuous, and has no personal shortcomings." Dr. Helding's report to Bonaventura stated: Cover Letter: "Dear Judge Bonaventura, In response to your written communication of February 23, 2000 which requested that I render an opinion regarding 'which parent is more appropriate to maintain sole custody of the minor child, Teri Ann Cook', and 'a visitation schedule for the non-custodial parent,' I respectfully submit the following summary report." Page 2: "Ms. Kirk has been involved in a pattern of behaviors that have successfully interfered with the establishment of a relationship between Teri Ann and her father... it is thus highly unlikely that she would ever be able to tolerate such a development, let alone facilitate this occurring." Page 3: "The past is the best predictor of the future. Without some shift in approach, status quo is likely to preside." Page 3: "The child has been harmed and will continue to be harmed by the mother's or father's vilification of the other parent . Ann needs to be allowed to come to her own conclusions as to who her parents are as people and as parents". [PEERgroup Note: There has never been ANY report to the court, and Helding does not make one here, suggesting that Garry Kirk has ever 'vilified' Kathy Kirk to their daughter. In the interests of political correctness, Helding seems to engaging in some 'blame shifting' here.] Page 4: "There is little, if any, evidence that the father was sexually abusive of his daughter in the manner that has been alleged. There is no reason to be concerned of the risk of this occurring in the future. There is a risk of the mother and/or the child raising the accusation again in the future." Recommendation of Dr. Helding: Page 4: "I would recommend that Mr. Kirk be awarded sole [i.e., legal] custody...Ms. Kirk has more than adequately established the fact that she simply cannot accomplish this task [allowing the alternate parent to be involved and have a relationship with Teri Ann]." Page 5: "If Ms. Kirk does not cooperate with the visitation schedule, I would suggest that the child reside with the father, even if this should mean relocating [out of state]." Bonaventura takes her custody ruling under advisement. After 5 1/2 years of evidence and testimony, Bonaventura's needs MORE TIME to think before issuing a ruling. She disregards Helding's report, but grants Kathy’s request that she have a third private in-camera interview with Teri Ann. As you will read, Teri Ann’s wishes (which are the manipulated hatred of an exploited, brainwashed child) will be the cornerstone of Bonaventura’s ruling. Dec 21, 2000 - Judge's third in-camera interview with Teri Ann. Teri Ann tells the judge outrageous and false stories which is in keeping with symptoms of Parental Alienation Syndrome. For example, when Teri Ann describes the 8/19/00 visit to McDonalds, she now claims that "I didn't want to eat there. And he [Garry] said if you don't eat, I'll call the police on you. So, I went into the bathroom and stayed in a stall for about two hours and I called all my family members." Besides the misrepresentation of the events, Teri Ann also left out the rest of the days activities of shopping, going out to lunch and swimming together. This is hallmark PAS behavior. Evidence that counteracts these distorted stories is commonly met with rationalization and ignored by the judge [see our page on PAS]. Dec 22, 2000 - Judge Bonavnetura faxes a court order with her ruling on Garry's Christmas visitation. She grants Garry a scant 3 hours of time on Christmas Day with his child. The ruling states, "Court ordered father to have Christmas visitation with minor child Christmas Day in the presence of the mother or the maternal grandparents." |
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| "All the cards were marked in advance. The trial was a pig-circus, he never had a chance." - Bob Dylan, Hurricane |