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62-FA-16-2178
Filed in District Court
State of Minnesota
9/10/2018 4:42 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
COURT FILE NO.: 62-FA-16-2178
Michael Frank Kjonaas,
Petitioner,
vs.
Gloria Kjonaas, Michael Dayton FINDINGS OF FACT
Kjonaas, Beverly Barslou and Patrick AND ORDER
Barslou,Respondents.
The above-entitled matter came on for hearing before Christy Snow-Kaster, Referee of
District Court, at Ramsey County on July 31, 2018.
Petitioner failed to appear.
Respondents Kjonas’ appeared with counsel, Emily Cooper, Esq.
Respondent’s Barslou appeared with counsel Ellen Murphy-Fritsch
Based on all the files, proceedings and records herein, the Court makes the following:
FINDINGS OF FACT
1. Petitioner is the father of the following joint minor children [hereinafter “the children”]:
Connor James Barslou, born February 6, 2006, presently twelve years old,
Madeline Annette Barslou, born April 11, 2002, presently sixteen years old.
2. The Respondents are the children’s paternal and maternal grandparents with whom the
children have been residing pursuant to a stipulated agreement from 2017.
3. The matter is presently before the court on Respondent Baslou’s motion for custody of
both children and Respondent Kjonaas’ responsive motion requesting custody of both
children.
4. Prior to having the case called, the parties reached a complete agreement which was
read into the record.
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5. The parties agree that Respondents Barslous’ will have sole legal and sole physical
custody of the minor child Connor and the Respondent’s Kjonaas’ will have sole legal
and sole physical custody of Maddie.
6. The parties agree that the minor children should be in therapy. The minor child Maddie
has been refusing to go to therapy but all parties will work together to encourage
Maddie to attend.
7. The parties can each participate in the children’s therapy as recommended by the
therapists for the children and all parties will follow any recommendations of the
therapists.
8. The parties agree that all parties will have access to medical and school records of the
children and that they will keep the other parties informed of the children's current
schools and medical providers so that they know where to look for said records.
9. The parties also agree that the ability to view and review the medical and school
records are to see how the children are doing, not to interfere with the other party’s
decision making authority.
10. The parties agree that they will not have a set visitation schedule but instead will
encourage the children to spend time together so that the siblings will have sibling
time together, and the parties will support any requests by the children to spend time
with the other grandparents.
11. With respect to the financial issues, the parties agree they are going to attempt to
resolve those issues through the Social Security Administration. The parties further
agree that if Social Security Administration is unable to resolve the repayment of
medical premiums, the Barslous’ can bring an action in this court file if they believe
this court has jurisdiction to address the issue.
12. The court finds this agreement to be in the minor children’s best interest. These
children have been through a tremendous loss and the court encourages both parties
to work diligently to ensure that both children are attending therapy to help them
process the loss they have both experienced.
Based upon the above Findings of Fact, the Court makes the following:
ORDER
1. Custody: Respondents Beverly and Patrick Barslous’ shall have permanent sole legal
and sole physical of the minor child Connor. Respondents Gloria and Michael Dayton
Kjonaas shall have permanent sole legal and sole physical custody of the minor child
Madeline. The parties shall encourage visitation between siblings and between
the parties.
2. Therapy: All Respondent’s shall make every effort to ensure that both children are
enrolled in therapy. All parties shall be allowed to participate in therapy with the
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children so long as the therapist recommends this, and both parties shall follow all
recommendations the therapist have for them and the children.
3. Access to Records: All Respondents shall have the right to access all medical and school
records of both children for the purposes of knowing how the children are doing.
Neither the Kjonaas’ or the Barslous’ shall use the records or access to the records in a
manner that interferes with the legal and physical custody that the other party has with
the respective child in their custody.
4. Social Security Administration: All Respondents shall cooperate with each other and
the Social Security Administration to resolve the out of pocket insurance costs the
Barslous’ incurred when insuring the children.
5. Appendix A is incorporated herein.
6. Service. Service of a copy of this order shall be made upon the attorney by eService for
any represented party or upon the party by first class U.S. mail at their last known
addresses for any unrepresented party. This shall be due and proper service for all
purposes.
IT IS SO ORDERED.
The foregoing order is recommended. Findings of Fact and Order approved.
____________________________ ____________________________
Christy Snow-Kaster
Referee of District Court Judge of District Court
62-FA-16-2178
Filed in District Court
State of Minnesota
9/10/2018 4:42 PM
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
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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
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 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.
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
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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.
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.
REV 09/17