Many things and turn of events have occurred over the past few months in the on-going battle to fight for Jackson. I am going to try my best to bring you up to speed. Unfortunately, we have experienced many delays, set backs, heartbreaks, and loss of faith in the judicial system throughout this process.
If you remember from previous posts, clear back on May 9th, 2011, Judge Christiansen, heard our case, and was in awe with the series of events that had occurred. He recognized that Jake had not filed timely, but could see that this was due to the fact that Whitney Pettersson had blatantly lied, committed fraud, and deceived him so that he could not file the proper paperwork to protect his rights as a father. He ordered DNA testing to be completed, and really felt strongly about enjoining both cases (our case and the potential adoption case), because he knew that the outcome was going to affect both parties. After major delays on opposing counsel and the adoptive couples part to take Jackson a.k.a Benjamin in for genetic testing, the results had come in. Jackson was 100% Jake's son. Our next court hearing was scheduled for August 16th to discuss these findings.
On August 15th, 2011, we received a very surprising and frustrating call from our attorney's office that the judge had a family emergency and court was canceled the following day. We didn't feel like everything was adding up and so we proceeded to go ahead and show up to court anyways. We discovered that the judge DID NOT have a family emergency and was actually in court ready to hear our case. To our dismay though, our attorney as well as opposing counsel did not show up. This caused some great concern for the judge and demanded a telephone conference to be held that day with him, our attorney and opposing counsel from LDS Family Services. In that telephone conference, the real truth came out, that Dave Hardy(opposing counsel) is the one who took it upon himself to actually decide to cancel the hearing because he said he did not have proper notice of the hearing. When in fact, he had confirmed with Jake and Jenny in their depositions, only 2 weeks prior of the court date. This again, was one of their delay tactics, to prolong anything from moving forward with this case, and Jackson getting older and older.
In the telephone conference, the judge was notified of the DNA tests proving Jake to be the father. He then again enjoined the two cases, because opposing counsel had refused to provide our attorney with any information regarding the adoption, such as the case #, what district that case was being heard and who was representing the prospective adoption couple. The judge demanded answers to be told about this crucial information so that things could move forward. It was soon discovered that their attorney was Larry Jenkins and they had a pending case up in 2nd District in Ogden, Utah in front Judge Kay. Judge Christiansen also ordered that this case be resolved with in one district, and the way that would be determined was by who filed their paperwork first, Jake or the prospective adoptive couple.
Well, after a few weeks after this conference call, we found out we had some good news coming our way. We filed FIRST. Jake filed on January 6th, 2011, the very next day he found out about the adoption occurring, and the prospective adoptive couple filed on January 28th, 2011, giving us jurisdiction in having both enjoining cases be heard in front of Judge Christiansen. This was a very big plus for us because he already ruled in our favor once with ordering the DNA test as well as he saw the dishonest behavior of LDS Family Services Legal counsel blatantly NOT show up on purpose. Judge Christiansen ordered an evidentiary hearing to be heard in front of him to have all of the convicting evidence be shared. Judge Christansen knew he had a hard decision coming before him because he knew FRAUD was wrote into the law, and said "If I sanction fraud in my court, I will be denying a biological father thee right to his son, but if I don't I rule against this prospective adoptive couple who has grown to love and bond with this child."
Since mid-August we had not had much activity gone on since that real break through. There had been a conference call with Dave Hardy, Larry Jenkins and our attorney discussing how they would move forward and that was it. Our attorney had been working to get a new court date with Judge Christiansen and was not having much luck with opposing counsel cooperating, again another DELAY tactic.
We had unresolved business from a motion we filed originally back in January and were ordered to go back in front of the commissioner, in September, who originally heard our case and really didn't make any progress, due to her ordering us to go back to Judge Christiansen.
We had become very ancy, that no progress was being made. Calls and emails daily were being made to our attorney to see if any new updates had been made. NOTHING.
Finally, Jenny truly wanted to reach out to the adoptive couple, LDS Family Services, Dave Hardy, and families and truly just let them know what they are doing to Jackson. They aren't doing this in the best interest of the child, they are doing this in the best interest of their pocketbook. Since she is not part of this pending case, she reached out to them all via written letters. They were sent out on November 15th, 2011 and all were confirmed received within 2-3 days. Jake, nor his attorney had any knowledge of this to protect anything with the current case.
Little did we know, Larry Jenkins and the prospective adoptive couple had been collaborating and in the works with Dave Hardy on how they could try to get this thing maneuvered and finalized.
On Thanksgiving day, we received the most devastating and heartbreaking news yet throughout this whole ordeal. Jenny's father, who through the grapevine, has some connections with the prospective adoptive couple, heard that the adoption had been FINALIZED. What? How is this possible you ask? We were wondering the same thing. We could not believe this news could be true. There was NO possible way that this could happen right? We had been enjoined with the adoption case 2 different times. Since it was a holiday, we had to wait 4 grueling days until Monday, when our attorneys office was open for business. We called and had to DELIVER the devastating news to OUR own attorney. He was astonished just as we were. He immediately began calling to Larry Jenkins, Dave Hardy, and LDS Family Services, and AGAIN received NO information. Our attorney, wrote a letter to Larry Jenkins, to our dismay replied with a response we could not believe.
He informed us, that he checked with the court in 2nd District, and since Jake was not part of this adoption did not need proper notification of this adoption proceeding to move forward and that his client's were able to FINALIZE the adoption. WHAT? WHAT? WHAT? He DISOBEYED, Judge Christiansen's orders TWICE to enjoin the adoption case and our case. Judge Christiansen enjoined the cases for this EXACT reason, because he did not want someone to be able to make a final decision without both parties being heard. Judge Christiansen even filed a motion to stay on the case back in October, to make sure that their were no movements in this case until they came back in front of him. He also informed us that his clients felt threatened and would take protective action from the court if the harassment didn't stop. Which is ridiculous they would even say such a thing. There was nothing threatening wrote in the letters, it was the absolute truth, and Jenny's opinion, which she clearly states over and over she is not threatening anyone.
We will be posting the letters that were written by Grandma Graham over the next few days.
We are still 100% fighting this, and are in the process to intervene with the adoption. We are currently still awaiting to get a court date to go back before Judge Christansen, to share with him the news, that opposing counsel does not care what he rules or his orders, because he is going to go behind his back, LIE, and FRAUDULENTLY, get this adoption to go through.
Larry Jenkins was able to use FRAUD to allow his client to make a STOLEN baby theirs. They have a child who they want to bless, and get sealed in the LDS temple, and they are doing this KNOWING that they were dishonest, to get this to ultimately go through. We really aren't quite sure what they are thinking. Do they really not realize that Jackson will be 18 and we will tell him EVERYTHING? He will know the absolute truth and know that his so called parents took him against his will? They will have their world crashing down sooner than later. Time is flying by fast. Jackson is almost 1 years old. We only have to wait 17 more years to see our sweet boy.
If you feel as outraged about this as we do and did, PLEASE PLEASE PLEASE, voice your opinions to the adoptive couple, Larry Jenkins, LDS Family Services, Utah General Attorney Mark Shurtleff, and all of the Legislators in UTAH. This truly has to end. We can not have corrupt people creating the laws that deal with children, representing the laws that deal with children, and breaking the laws that deal with children.
Tune in tomorrow for Day 1 of the letter sequence. Also, a 4 page spread will be running in the Salt Lake Tribune, about the Utah adoption practices, ethics, and our story, beginning on Christmas Day.
Jackson, we have a had a few rough weeks with the holidays around and your birthday coming around the corner. Don't worry we have not forgotten about you and have not given up. We love you so much and will continue to fight until you are home with us and justice is serviced.
-Love,
Aunt Heidi
