No Value: In the Marriage of SHAWN NATHANIEL LARSON and Kimberly Ann Larson

On August 29, 2019 a No Value was filed involving a dispute between and for Dissolution with Child in the District Court of Hennepin County.

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27-FA-19-5763
Filed in District Court
State of Minnesota
3/31/2022 11:12 AM

STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
In Re the Marriage of:
Case Type: Dissolution with Children
Shawn Nathaniel Court File No. 27-FA-19-5763
Larson, Hon. Joshua J. Ogunleye

ORDER AFTER HEARING
Petitioner,

and

Kimberly Ann Larson,

Respondent.

The above-entitled matter came before the Honorable Joshua J. Ogunleye, Referee of
District Court, for a hearing on March 9, 2022.

Petitioner (“Father”) appeared with counsel, Kelly Boyd, Esq.

Respondent (“Mother”) appeared with counsel, Walter Hodynsky, Esq.

Based upon the evidence presented and the files of record, the Court makes the
following:

FINDINGS AND CONCLUSIONS

1. The parties were married. The marriage was dissolved by Judgment and Decree of
this Court on October 29, 2020. The parties are the parents of three joint minor children:

Nathaniel John Larson, born February 18, 2011,
Ruthanne Rose Larson, born August 23, 2013, and
Jonathan Kaleb Larson, born December 2, 2015.

2. The Judgment and Decree filed on October 28, 2020, awarded both parties joint
physical and joint legal custody. The parties agreed to the following parenting time
schedule:

Children are with Father Monday beginning at 7:45 a.m. through Friday after
Mother is done working or 7:00 p.m. at the latest.

Children are Mother Friday after school or by 7:00 p.m. at the latest until Monday
morning at 7:45 a.m.
27-FA-19-5763
Filed in District Court
State of Minnesota
3/31/2022 11:12 AM

3. Father initiated the current proceedings by filing an ex parte (emergency) motion for
sole legal and physical custody on February 25, 2022. Father requested that Mother’s
parenting time be temporarily suspended and that she complete a psychological
evaluation, listing Father as collateral. Father’s supporting affidavit describes erratic
and potentially delusional behavior and thoughts by Mother. Father stated Mother
believes someone is trying to harm her by poisoning her and she is exhibiting very
erratic behavior, including when the children are in her care. The Court granted the ex
parte motion on and set this matter for an accelerated hearing on March 9, 2022.

4. At the March 9th accelerated motion hearing, Father argued that the children are in
danger in Mother’s care. Father stated that he has concerns for Mother’s mental health
as she is exhibiting signs of delusional thoughts. Father described several occasions
where Mother has had the children in her care and contacted him in distress believing
that someone is trying to harm her or poison her. On several occasions, Father needed
to go over to Mother’s home while the children were in her care because she called
him in distress believing someone had contaminated her home and that she and the
children were getting sick from the poison. On one occasion, Father had to go over to
Mother’s home in the middle of the night and get the children. Mother called Father in
the middle of the night saying she needs to get out of her apartment believing that it is
contaminated.

5. Father stated that he would be agreeable to supervised parenting time for Mother until
things have stabilized for Mother and until she is able to complete any
recommendations in the psychological evaluation. Mother has not had any in person
parenting time, but she is having telephone/video calls with the children since the
temporary custody order was issued.

6. The parties’ oldest child Nathan, is on the autism spectrum, and Father thinks it is in
this child’s best interest if supervised visits happen in a place where he is familiar.
Father suggested visits take place at the Maple Grove Community Center as there are
a lot of activities for the children there and the minor children are familiar with the
location. Father suggested utilizing Jackie Cardinal or Caitlin Cardinal as supervisors,
as they are third party neutrals who can conduct supervised parenting time in the
community. Father also stated that Families in Transition has an office in Maple
Grove, MN that will do supervised parenting time in the community.

7. Father argues that Mother’s parenting time should remain supervised at this time.
Father’s affidavit filed on February 25, 2022, details Mother’s statements to him that
she is being poisoned by her employer and that someone is after her and that she is in
danger. Father stated that whether these statements are delusional thinking or Mother
is truly in physical danger, it would not be in the children’s best interest to be in her
care and possibly placed in danger as well until whatever is occurring in Mother’s life
is under control.

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27-FA-19-5763
Filed in District Court
State of Minnesota
3/31/2022 11:12 AM

8. Father stated he believes Mother is creating a heightened need for safety in front of
the children which is causing them distress. Father cited examples of Mother using
cameras in her home and an air monitor. Father described a time Mother frantically
called him to come get the children because they were being poisoned, only to arrive
and find nothing wrong. Father stated that Mother had been exercising parenting time
at a hotel due to her belief her apartment is contaminated, and she is in danger. Father
stated that this arrangement is challenging for the children and the oldest child would
come home from these visits very dysregulated, having meltdowns, as he was not
familiar with spending time with Mother in a hotel room. Additionally, Father
reported that an officer from the Coon Rapids Police Department contacted him
expressing their concern for the children in Mother’s care after a recent call to
Mother’s home.

9. Counsel for Mother argues Father’s motion should be dismissed because he has not
made a prima facie case of endangerment. Counsel for Mother argued, Father has not
demonstrated that Mother’s actions, even if true, are causing any physical or
emotional harm to the children. Counsel further argued that Father did not show that a
change of circumstances has occurred since custody and parenting time was ordered
in the parties’ 2020 divorce decree.

10. Counsel for Mother explained that she was the primary caregiver for the children
while they were living with her in December, January and into February of 2022.
Mother argued that any irregularity the children are experiencing is due to Father
interrupting their routine of weekend parenting time with Mother by withholding
Mother’s parenting time. Mother adamantly denies suffering from delusional
thoughts. Mother stated that her employer was retaliating against her for being a
whistle blower. Mother argued that there is nothing in the record that should warrant
anything less than her normal weekend parenting time, let alone public place
supervised visits.

11. Under Minnesota law, the Court is required to take the allegations in Father’s
affidavit as true. Geibe v. Geibe, 571 N.W.2d., 774, 777 (Minn. App. 1997). The
Court finds that these allegations, if true, create an unsafe physical and emotional
environment for the children. The children have been moved from place to place in an
effort by Mother to avoid some type of danger she believes she is in. Mother is
currently in a hotel and the assumption is that there will likely be another move as the
hotel is only temporary. Father describes frantic phone calls by Mother while the
children are in her care and needing to rush over to her home because Mother
believed someone is trying to harm her. Father also describes a deterioration in the
children’s behavior recently, particularly for Nathan. It appears that the disruption in
the children’s schedule along with the exposure to Mother’s high levels of anxiety
surrounding the situation with her former employer is having a negative impact on the
children’s physical and emotional wellbeing. As such, the Court finds that Father has
established a prima facie case for his change of custody request.

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27-FA-19-5763
Filed in District Court
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3/31/2022 11:12 AM

12. Because of the safety concerns raised by Father’s motion, the Court will make a
mandatory Guardian ad Litem Appointment (GAL) to investigate the allegations and
make recommendations on the children’s best interests. Minn. Stat. §518.165, subd.
2.

13. The Court finds supervised visits are warranted at this time. However, a high level of
supervision is not required. The Court prefers that the parties select a friend or family
member to supervise or monitor Mother’s visits. The Court ordered from the bench
that if the parties are not able to agree on a third-party supervisor, then they shall use
the Families in Transition Services (FITS) or private service such as Jackie Cardinal
or Caitlin Cardinal.

14. The issue of Mother’s psychological evaluation was discussed. Mother was ordered to
take a psychological evaluation on March 1, 2022. On March 9, 2022, Mother
submitted a diagnostic assessment from Nystrom and Associates recommending
individual therapy. However, this evaluation did not include Father as a collateral.
Additionally, Mother only self-reported that she is experiencing retaliation for
whistleblowing at work. She did not inform the evaluator about her belief that people
are trying to harm her by poisoning her. On March 18, 2022, Mother filed an
amended evaluation which includes information provide by Father about Mother’s
believe she is in danger. The amended evaluation recommends a psychological
evaluation to clarify concerns regarding paranoia in addition to individual therapy.

15. On March 17, 2022, Counsel for Mother requested a telephone conference because
the parties were in disagreement over selecting a third-party supervisor. Mother
provided a list proposed third-party supervisors which included family members from
both sides of the family along with mutual friends. Father objected to everyone of
Mother’s proposed supervisors. The Court will maintain what was ordered from the
bench regarding supervised visits. This means that because the parties are not able to
agree on a third-party supervisor, the parties will use the FITS program. If FITS is not
available, then the parties shall use the services of Jackie Cardinal or Caitlin Cardinal.

Now, therefore, the Court makes the following:

ORDER

1. Telephone Conference. Counsel for parties shall return for a telephone status conference
with the Court on Tuesday, April 26, 2022 a 8:30 a.m. The Court will initiate the call.

2. Temporary Custody. Temporary legal and physical custody of the minor children shall
remain with Father.

3. Parenting Time. Mother shall have temporary supervised parenting time every Saturday
and Sunday.

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27-FA-19-5763
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a. Parties shall mutually agree upon the length of parenting time that occurs on both
days.

b. Parties shall mutually agree upon a third-party supervisor. If one cannot be agreed
upon, then the parties shall use Families in Transition Services (FITS). If FITS is
not available, then the parties shall use Jackie Cardinal or Caitlin Cardinal as a
supervisor.

4. Guardian ad Litem. A Guardian ad Litem shall be appointed to investigate the safety
concerns and make recommendations on a custody and parenting time arrangement that is
in the children’s best interests. If the parties are not able to reach an agreement following
the Guardian ad Litem’s recommendations, this matter will be set for a trial on the change
of custody request. A separate order appointing a Guardian will be filed.

5. Psychological Evaluation. Mother shall complete a psychological evaluation, list Father
as a collateral, and follow all recommendations.

6. Prior Orders. All prior and consistent orders remain in full force and effect.

7. Appendix A is attached to this order and incorporated by reference.

BY THE COURT:

IT IS SO ORDERED. Dated: March 31, 2022

The foregoing order is recommended. Findings of Fact and Order approved.

Ogunleye, Joshua
2022.03.31
11:07:23 -05'00'
__________________________________ ____________________________________
Joshua J. Ogunleye Charlene Hatcher
Referee of District Court Judge of District Court

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27-FA-19-5763
Filed in District Court
State of Minnesota
3/31/2022 11:12 AM
APPENDIX A

NOTICE IS HEREBY GIVEN TO THE PARTIES:
I. PAYMENTS TO PUBLIC AGENCY. According to Minnesota Statutes, section 518A.50, payments ordered
for maintenance and support must be paid to the Minnesota child support payment center as long as the person entitled to
receive the payments is receiving or has applied for public assistance or has applied for support and maintenance collection
services. Parents mail payments to: P.O. Box 64326, St. Paul, MN 55164-0326. Employers mail payments to: P.O. Box
64306, St. Paul, MN 55164.

II. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY. A person may be
charged with a felony who conceals a minor child or takes, obtains, retains, or fails to return a minor child from or to the
child's parent (or person with custodial or parenting time rights), according to Minnesota Statutes, section 609.26. A copy of
that section is available from any court administrator.

III. NONSUPPORT OF A SPOUSE OR CHILD – CRIMINAL PENALTIES. A person who fails to pay
court-ordered child support or maintenance may be charged with a crime, which may include misdemeanor, gross
misdemeanor, or felony charges, according to Minnesota Statutes, section 609.375. A copy of that section is available from
any district court clerk.

IV. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME.
A. Payment of support or spousal maintenance is to be as ordered, and the giving of gifts or making purchases of food,
clothing, and the like will not fulfill the obligation.
B. Payment of support must be made as it becomes due, and failure to secure or denial of parenting time is NOT an
excuse for nonpayment, but the aggrieved party must seek relief through a proper motion filed with the court.
C. Nonpayment of support is not grounds to deny parenting time. The party entitled to receive support may apply
for support and collection services, file a contempt motion, or obtain a judgment as provided in Minnesota
Statutes, section 548.091.
D. The payment of support or spousal maintenance takes priority over payment of debts and other obligations.
E. A party who accepts additional obligations of support does so with the full knowledge of the party's prior obligation
under this proceeding.
F. Child support or maintenance is based on annual income, and it is the responsibility of a person with seasonal
employment to budget income so that payments are made throughout the year as ordered.
G. A Parental Guide to Making Child-Focused Parenting Time Decisions is available from any court administrator.
H. The nonpayment of support may be enforced through the denial of student grants; interception of state and federal
tax refunds; suspension of driver’s, recreational, and occupational licenses; referral to the department of revenue or
private collection agencies; seizure of assets, including bank accounts and other assets held by financial institutions;
reporting to credit bureaus; interest charging, income withholding, and contempt proceedings; and other enforcement
methods allowed by law.
I. The public authority may suspend or resume collection of the amount allocated for child care expenses if the
conditions of Minnesota Statutes, section 518A.40, subdivision 4, are met.
J. The public authority may remove or resume a medical support offset if the conditions of section 518A.41,
subdivision 16, are met.
K. The public authority may suspend or resume interest charging on child support judgments if the conditions of section
548.091, subdivision 1a, are met.

V. MODIFYING CHILD SUPPORT. If either the obligor or obligee is laid off from employment or receives a
pay reduction, child support may be modified, increased, or decreased. Any modification will only take effect when it is
ordered by the court, and will only relate back to the time that a motion is filed. Either the obligor or obligee may file a
motion to modify child support, and may request the public agency for help. UNTIL A MOTION IS FILED, THE CHILD
SUPPORT OBLIGATION WILL CONTINUE AT THE CURRENT LEVEL. THE COURT IS NOT PERMITTED TO
REDUCE SUPPORT RETROACTIVELY.

VI. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, SUBDIVISION 3.
UNLESS OTHERWISE PROVIDED BY THE COURT:
A. Each party has the right of access to, and to receive copies of, school, medical, dental, religious training, police
reports, and other important records and information about the minor children. Each party has the right of access to
information regarding health or dental insurance available to the minor children. Presentation of a copy of this order
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27-FA-19-5763
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State of Minnesota
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to the custodian of a record or other information about the minor children constitutes sufficient authorization for the
release of the record or information to the requesting party.
B. Each party has the right to be informed by the other party as to the name and address of the school of attendance of
the minor children. Each party has the right to be informed by school officials about the children's welfare,
educational progress and status, and to attend school and parent teacher conferences. The school is not required to
hold a separate conference for each party.
C. Each party has the right to be notified by the other party of an accident or serious illness of a minor child, including
the name of the health care provider and the place of treatment.
D. Each party has the right to be notified by the other party ifthe minor child is the victim of an alleged crime,
including the name of the investigating law enforcement officer or agency. There is no duty to notify if the party to
be notified is the alleged perpetrator.
E. Each party has the right of reasonable access and telephone contact with the minor children.

VII. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE. Child support and / or
spousal maintenance may be withheld from income, with or without notice to the person obligated to pay, when the
conditions of Minnesota Statutes, section 518A.53, have been met. A copy of that section is available from any court
administrator.

VIII. CHANGE OF ADDRESS OR RESIDENCE. Unless otherwise ordered, each party shall notify the other
party, the court, and the public authority responsible for collection, if applicable, of the following information within ten days
of any change: residential and mailing address, telephone number, driver's license number, social security number, and name,
address, and telephone number of the employer.

IX. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE. Basic support and / or spousal
maintenance may be adjusted every two years based upon a change in the cost of living (using the U.S. Department of Labor,
Bureau of Labor Statistics, consumer price index Mpls. St. Paul, for all urban consumers (CPI-U), unless otherwise specified
in this order) when the conditions of Minnesota Statutes, section 518A.75, are met. Cost of living increases are
compounded. A copy of Minnesota Statutes, section 518A.75, and forms necessary to request or contest a cost of living
increase are available from any court administrator.

X. JUDGMENTS FOR UNPAID SUPPORT; INTEREST. According to Minnesota Statutes, section 548.091:
A. If a person fails to make a child support payment, the payment owed becomes a judgment against the person
responsible to make the payment by operation of law on or after the date the payment is due, and the person entitled
to receive the payment or the public agency may obtain entry and docketing of the judgment without notice to the
person responsible to make the payment.
B. Interest begins accruing on a payment or installment of child support whenever the unpaid amount due is greater
than the current support due.

XI. JUDGMENTS FOR UNPAID MAINTENANCE. A judgment for unpaid spousal maintenance may be
entered and docketed when the conditions of Minnesota Statutes, section 548.091, are met. A copy of that section is
available from any court administrator.

XII. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD SUPPORT. A
judgment for attorney fees and other collection costs incurred in enforcing a child support order will be entered against the
person responsible to pay support when the conditions of Minnesota Statutes, section 518A.735, are met. A copy of that
section and forms necessary to request or contest these attorney fees and collection costs are available from any court
administrator.

XIII. PARENTING TIME EXPEDITOR PROCESS. On request of either party or on its own motion, the court
may appoint a parenting time expeditor to resolve parenting time disputes under Minnesota Statutes, section 518.1751. A
copy of that section and a description of the expeditor process is available from any court administrator.

XIV. PARENTING TIME REMEDIES AND PENALTIES. Remedies and penalties for wrongful denial of
parenting time are available under Minnesota Statutes, section 518.175, subdivision 6. These include compensatory
parenting time; civil penalties; bond requirements; contempt; and reversal of custody. A copy of that subdivision and forms
for requesting relief are available from any court administrator.

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27-FA-19-5763
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3/31/2022 11:12 AM

In addition to the Notices on pages 1 and 2, the following NOTICE applies to all orders addressing custody pursuant
to Minn. Stat. § 518.17, subd. 3a.

NOTICE
EACH PARTY IS GRANTED THE FOLLOWING RIGHTS:
1. Right of access to, and to receive copies of, school, medical, dental, religious training, police reports, and other
important records and information about the minor children.
2. Right of access to information regarding health or dental insurance available to the minor children.
3. Right to be informed by the other party as to the name and address of the school of attendance of the minor children.
4. Right to be informed by school officials about the children’s welfare, educational progress and status, and to attend
school and parent-teacher conferences. The school is not required to hold a separate conference for each party,
unless attending the same conference would result in violation of a court order prohibiting contact with a party.
5. Right to be notified by the other party of an accident or serious illness of a minor child, including the name of the
health care provider and the place of treatment.
6. Right to be notified by the other party if the minor child is the victim of an alleged crime, including the name of the
investigating law enforcement officer or agency. There is no duty to notify if the party to be notified is the alleged
perpetrator.
7. Right to reasonable access and telephone or other electronic contact with the minor children.

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No Value: In the Marriage of SHAWN NATHANIEL LARSON and Kimberly Ann Larson

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