The Storms of LIFE
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 myself but more importantly, the children.
March 31, 2008 Court begins at 8:30 in Champaign County heard by Magistrate Kathleen Lancaster. It adjourns at 3pm with a one hour lunch break. The truth is slowly being revealed. Yet there is a lot more discovered in the five and a half hours of testimony. Plus Jenise’s attorney supplies the court and my attorney with their trial books. Upon reading through the trial books I uncover that Jenise had told Jean Shoemaker, our daughters counselor who I thought was helping our daughter cope with bullying issues that she suspected me of sexually abusing our daughter. The date she is talking with Jean Shoemaker is July 5, 2005. The report goes on to say that Jenise is guarded about what she wants people to know about our home life. Why? This does not make sense unless of course Jenise is afraid of the truth. The truth that either she is seeking attention or that one of Jenise’s older boys or her nephew has molested our daughter. WOW wait a minute this contradicts what Jenise had stated in court on June 12, 2007 where she said that Charlotte had came to her at the end of May 2007 and told her that I had sexually abused her and that it was a long time ago but this was the first Jenise had heard about this. Yet to my knowledge Jenise never took our daughter to the hospital or to their pediatrician or anywhere to have her examined for this alleged sexual abuse. On June 29, 2005 Jenise discussed with Jean Shoemaker getting her own therapist and yet she declined and again on August 25, 2005 again she declines. In fact Jean Shoemaker refers Jenise to speak to Debbie Brownlee to help her escape all of this alleged abuse and Jenise declines.
Jenise tells Jean Shoemaker on May 25,2005 That she is pregnant
On June 29, 2005 Jenise tells Jean Shoemaker that she miscarried.Yet no one else knew about this. Was she seeking empathy or sympathy?
In an earlier session of April 28,2005 Jenise reports to Jean Shoemaker that Brian is not physically abusive and that things are getting better at home.
On August 10, 2005 our daughter informs Jean Shoemaker that she gets mad when Jason and Thomas hurt her. I wonder if Jenise is guarding a secret. I believe that she knew full well that if there were an allegation of sexually abuse I would have taken our daughter for a medical examination.
I recall Jenise stating on September 17, 2007 saying “Brian I needed to do something to get your attention” I believe this is what Jenise wants “ATTENTION”
I believe that the facts and evidence is overwhelming and that our children will be coming home and that Jenise will get the help she needs.
April 1,2008 We are back in court at 1pm until 3pm. Thomas and Jason had conflicting testimonies. It is adjourned until June 10, 2008 at 10 am.
April 4,2008 Jenise’s attorney files a motion to have my visitation suspended based upon Dr. Sarah Lindabury’s report.
April 7, 2008 I travel alone to Kenton to pickup the children. While enroute I stop at the Library in Bellefontaine Read Saturdays Kenton Times Phillip Kerkhove is listed as being picked up for running a red light. He is also cited for no operators licence.
While I’m sitting at the sheriff’s office my attorney Sanford Flack calls informing me that Jenise’s attorney has filed a motion to have my visitation severed. We go to the park in Springfield and do video and play. Everyone had a great time.
Tuesday April 8, 2008 Magistrate Lancaster meets with the children.
April 11, 2008 Todd Miller travels with me to pick up the children. We stay at his home. Friday & Saturday night At church on Saturday Children have an extremely awesome time.
Sunday April 13, 2008 Alta accompanies me to take children to their mother.
April 17,2008 Received court order on Jenise’s request to terminate visitation based off of Dr. Lindaburys report. Visitation with Charlotte has been ceased until Children Services investigate the allegations Magistrate Lancaster is talking about.
Monday April 21,2008 I call Hardin County & Champaign County Children Services to find out what I need to do to get this alleged abuse issue cleared up. I’m told they have no open investigation.
Later I travel to Kenton with Brad Miller to pick up Andrew & Zachary It breaks my heart that Jenise continually inflicts this hell and torment upon our children.
Tuesday April 22,2008 I get fax from Hardin County stating that they have no open investigation on me. And a letter from Champaign County Sheriff’s office stating the same.
Wednesday April 23,2008 Received documentation from Champaign County Children Services they have no open investigation.
Friday April 25, 2008 Went to pick up the boys, upon arrival Jenise informs me that I’m to take Charlotte with me. I’m thinking she is trying to set me up again. Jenise continually says my daughter instead of our daughter. We get two sheriffs from Hardin County to intervene. Conclusion is that at 4:15 Judge Newlin overturned the Magistrates orders and reinstated my parenting time with Charlotte PRAISE THE LORD PRAISE THE LORD. Charlotte and the boys go with me. We have an awesome weekend.
The children know the truth but feel they have a sense of loyalty to their mother.
I’m persuaded that the children will soon be coming home.
Monday May 5, 2008 I travel with Jason Thomas and Todd Miller to Kenton to retrieve the children. Children and I go to the park and have an awesome time.
Friday May 9, 2008 Jenise’s attorney faxes my attorney a letter stating that Zachary had mouth surgery and Jenise is requesting that Zachary be allowed to stay with her over the weekend. I tell my attorney this is fine. I go to retrieve Andrew & Charlotte.
Thomas & Jennifer drop them off. They never say a word Jennifer just glearing I’m sure it must be very frustrating for them that the lies and deception is being exposed.
We go to Todd Miller’s home and have an awesome weekend.
Sunday Alta Vaught accompanies us to take the children to their mother.
Monday May 19, 2008 The children and I go to Alta’s pickup Todd Sherra and their children and go to the park. We have another awesome time.
Alta accompanies me to take the children back to the designated meeting place.
May 23, 2008 Travel with Jason Thomas and Todd Miller to Kenton to pick up children
Spend all weekend in Dayton swimming and just hanging out. Coming down Rt 68 Charlotte sees a sign stating free kittens. I stop we pickup the last one they had. Andrew & Zachary want one.
June 2, 2008 Children and I go to Wal-Mart to pick out new bikes that Ernie Tracy has offered to purchase.
June 4,2008 Jenise’s attorney files a motion asking that I be prevented from sending any more animals home and that my summer visitations be eliminated.
June5th I go to Wal_Mart to pick up the bikes. The children will be surprised.
June 6, 2008 Todd Miller travels with me to pick up children. Jason flips me the finger. I pray GOD would open his eyes. Spent the weekend camping out.
June 8, 2008 Alta accompanies me to take the children to their mother.
June 10, 2008 Court cancelled until Casey Keliher’s report is completed. Scheduled for October 7,2008
June 15,2008 Father’s day I was blessed to have the children from 9am to 7pm. Went bike riding. Had an awesome time. When I picked up and dropped off the children Mr. Phillip Kerkhove is in their presences. I guess Jenise figures that since she has refused to follow the Orders of the Court that I too must turn a blind eye to this fact yet I am powerless to protect our children.
June 16, 2008 Appointment with Sanford at 2pm. Concerning the fact that not only is Jenise not following the orders of the court but now I am expected to go along with it and no one is protecting our children. I am fully persuaded that the Magistrate has sound reasoning for her order, yet I am perplexed as to why to date nothing has been done to enforce what she ordered. Perhaps it really has no meaning, all I want is to do the best Later this date I travel to Kenton accompanied by Jason Thomas to retrieve the children for my court appointed first 2 week visit. Jenise refuses to allow me to take the children in the presences of Officer Rushkins of the Hardin County Sheriffs Office\
I produce the court order for Officer Rushkins stating that Jenise is prevented from having the children in the presence of Phillip Kerkhove and that he was in fact the party that was present. Jenise and Phillip tell Officer Rushkins that I am a liar and that is an old order and that they have the new order at home stating that Phillip Kerkhove is allowed to be around the children. They go to 244 W. Espy to retrieve their so called documentation. Upon return they hand Officer Rushkins their paperwork after review he informs them that all they have are motions and that the order must be followed. (WOW now there’s a shocker finally someone that agrees the order must be followed)
June 17,2008 Sanford Flack obtains an exparte order signed by Magistrate Lancaster given me the ability to take the order to any law enforcement for the purpose of obtaining the children for visitation. Kenton Police Officer McNamara is there. I write my cell number on a piece of paper, which he gives to Jenise after he puts Mr. Flacks phone number on the paper. I inform him as well as to the court order that I had given to the sheriff’s office the day before. Finally at 4:30 pm I depart Kenton with the children. Jenise gives them their biotin medication and nothing else. No clothes, nothing.
We travel to see friends and family, Alta Vaught, The Stayrooks, Ernie Tracy, My brothers Andrew & Louis and my sister Toi. Plus we visit with members of the church and do minature golf, go-cart racing, bicycling, camping and a whole lot of swimming We all had a great time.
While on vacation Charlotte wants her friends Abbey and Kaylee to go to the motel with us to go swimming and spend the night. Their parents agree. They were with us 4 separate nights. We all had a great time. This is what vacation is all about.
While at Pymatuning Lake I suggest to the children that we send mom a post card (so that we can keep her informed of our wherabouts, I never relay this to our children)This we do each one sent their own card.
June 26, 2008 While we were having breakfast at Bob Evans with Ernie Tracy Jenise calls stating I want to talk with my children. I inform her that they are our children and she talks with each. After her talking with Andrew he begins to cry. In my opinion she has really missed up our children. Later that day the children’s half brother Thomas calls while they are swimming they all talk with him.
June 30,2008 I take the children to the Urbana Police Department at 8 pm so that they can go with their mother. I inform Jenise that I will pickup the children on July 4,2008 at 7pm. Due to the fact this is our daughters birthday and Jenise will have the children for just 4 days I also inform her that when I pick the children up on July 18,2008, we plan on traveling to Texas to visit my sister Brenda and to revisit my family in upstate Ohio.
Jenise never accepts or declines my offer to have the children on the fourth.
July 4,2008 Today is our daughters birthday. Since Jenise never acknowledged my offer to allow the children to enjoy time with both parents on the 4th of July and our daughters birthday. I now must travel to Kenton ( I have never been provided a phone number so that these matters could be discussed and have no way of calling our children on their birthdays or holidays) arriving at 9am Jenise never shows. I assume that she has elected to take me up on my offer. I arranged with Charlotte Davidson to take Abbey and Kaylee for the weekend and informed her we were going to have Alyssa with us to help celebrate Charlottes birthday.
Went to Kenton from Indian Lake went by 244 West Espy at 5;10 pm. Jenise came out of the house and seen us at the red light.
6pm She never arrived at the Sheriff’s office waited until 730pm.
While waiting I had went to the Sheriff’s office to inform them that Jenise had not complied yet again with the court order. They state they can do nothing it is out of their jurisdiction. I call the Kenton Police Department and speak with Patrolman McNamara he was present on the 17th of June when I needed to have law enforcement involved for me to be able to have the summer visitation order enforced. He said there is nothing I can do. This is a civil matter.
July 7th I speak with Mr. Flack and he states that since there may have been some confusion in regards to the reading of the every-other weekend the schedule may have changed. He advises me to travel to Kenton on this date to be able to have my 3 hour visitation. Upon arriving in Kenton I go to the police department to have them witness my being there and again to seek assistance if needed in order to have the visitation enforced. Evident by the attached police report.
July 8th I went to Sanford Flacks office to inform him of what had transpired over the weekend. He informs me that he had been on vacation from June 13th through July 7th and had found where Jenise’s attorney had sent two faxes in regards to her summer vacations. The first being on 6-18-08 and the second being on 7-01-08
Two problems exist here, the first being that it is my understanding that Jenise’s attorney had prior dialog with Mr. Flack and knew when he would be vacationing. The second being that Jenise never mentioned anything to me in regards to her request and allowed me to believe that I would be able to enjoy some of our daughters birthday and the 4th of July with our children.
While at Mr. Flack’s office on the 8th of July he provides me with a copy of the response to ExParte motion. In it he claims that neither him or his client had no knowledge that I was to have the children on the 16th of June yet in contrast both these parties have a copy of the Courts orders clearly showing this. In this paperwork from Mr. Tompkins suggest simple courtesies can resolve conflict. I am willing to go into mediation to discuss an amicable resolution in this case in order to try to reach an agreed entry prior to final hearing. It is not I that am unwilling to communicate.
It should be evident based upon the past that Jenise will do anything and everything to prevent me from having a loving and nurturing relationship with our children.
Past attempts have included but not limited to false allegations of sexual abuse on numerous occasions, numerous filings to have my visitations terminated, not permitting any telephone communication, her attempt at deceiving Mark Feinstein when he was the GAL of the truth in her rebuttal to his report, her mis-representation of the truth from the very beginning of these proceedings and her continual non-compliance of the orders of the court.
But I believe one of the most damaging was when she called on 6-26-08 demanding to talk with my children (Her Words, I have always referred to the children as ours) She had Andrew in tears after she spoke with him. I asked Andrew why he was crying and he said because mommy called me a traitor. I said Andrew perhaps you mis-heard. While it is my good faith belief that Jenise probably did in fact call him this, I find no value in having Andrew believe this. He is a great 10 year old boy that does not need to be made feel guilty for being with his father. I pray that Jenise would see the ongoing damage she is doing to our children.
If you require any documentation on this case drop me an e-mail divineholdings2@yahoo.com or call me direct 937-508-6083
Thanks for reading Brian Kinter
Story shared: 11/07/2008 21:26:58
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