Date: April 3, 2008

23 pages with cover sheet

RE: Case No. 96-0-217

"Emergency Motion For Demand Ruling"


Claudine Dombrowski Phone: (785) 845-3417 Fax: (888) 330-2059


• Judge Joe Johnson Fax: (785) 291-4917

• Don Hoffman

Fax: (785) 233-2173

• Jill Dykes

Fax: (785) 232-0600

• Clerk of the District Court Fax: (785) 291-4908

• Domestic Filings Fax: (785) 291-4911

When I despair, I remember that all through history the way of truth and love has always won. There have been tyrants and murderers and for a time they seem invincible, but in the end, they a/ways fall-think of it--a/ways. --Mahatma Gandhi

Claudine Dombrowski

PO Box 4974, Topeka, Kansas 66604 (785) 845-3417

Respondent, Pro Se


In the Matter of the Marriage of



Case No. 96-D-217


COMES NOW Respondent Claudine Dombrowski, pro se, submitting the

following Emergency Motion to restore visitation and appoint a reunification therapist in

response to the recent suspension of supervised visits via the attached letter dated March

19th, 2008 from Safe Visit.

In support:

1. The suspension of visitation by Safe Visit occurred as a result of a lapse in the court

and GAL's actions in regard to obtaining a suitable psychological evaluation for the


2. The Respondent made good faith efforts to comply with all orders of the court, and in

fact has gone above and beyond to satisfy the demands of the court. Documentation of

those efforts is shown in this document and the attached exhibits.

3. The court has placed requirements for an additional psychological evaluation which

are beyond the Respondent's ability to pay. Respondent has made good faith efforts to

obtain such services but again requests assistance from the court to pay for such service.

4. Requested evaluation [ s] at Family Service and Guidance Center, and through court appointees: Dr. Rodehffer Dr Albott Dr. Dale, Dr. Bowman, Dr. Turnbull (twice), Dr. McCoy and Dr Higgins are not obtainable, and the court has received previous documentation in that regard. (See attached letters sent to the courts from

these proposed providers.)

5. There are numerous supporting psychiatric evaluations, parenting assessments, home studies, psychological records and evidence in the Courts records (resubmitted again on September 27, 2006) that mother is not, nor ever has been a threat or harm nor has been alleged to be harm to her daughter.

6. KSA 60-1616 (a). Clearly says that "Both parents are to be allowed complete access to their children unless after a hearing,_a clear and present danger exists to the child

from that said parent."

7. Supervision was never meant to be a long-term solution and is not healthy for the child or for the child's relationship with her parent. Unsupervised parenting time must be the goal and must be restored in order to encourage and facilitate a healthy parent-child relationship for the child's benefit with this relationship and future relationships with others.

8. Issues raised by Safe Visit do not constitute harm to the child. It should be obvious to all the parties and the court that supervised visits are not conducive to a normalized parent-child relationship, and Rikki and her mother can not work out any typical teen and mother-daughter issues under this environment.

9. The respondent hereby requests an immediate ruling to restore visits. The motherdaughter bond is being destroyed by the continued unnatural constraint of court-ordered

years-long supervised visitation which is in violation of Kansas statute KSA 60-16160(a).

10. Respondent also requests the court immediately appoint and pay for a therapist for

the purpose of reunification Rikki and her mother, with the goal of facilitating therapeutic

visits during the reunification process leading to unsupervised visits in increasing

increments up to and including overnight visitation.

11. Rikki has a right to know her mother and a right to have a relationship with her

mother. It is acknowledged that no parent is perfect. Ifwe, as a society were to remove

contact between parent and child for things teenagers are embarrassed about in regard to

their parent, a majority of teenagers in our society would be in foster care. It is ludicrous

to assume that the court, as an extension of the State is interfering to this extent in the

constitutional right of the Respondent to have a relationship with her child.

12. Additional attachments include the last and most recent reports on the courts file

directly relating to the mother's fitness: Paula Clanton dated-February 7th 2006, Mary

Ann Dugan dated July 17, 2006



Claudine Dombrowski datedA-3-200S Mother/Respondent

PO Box 4974, Topeka, Kansas 66604 P: (785) 845-3417

F: (888) 330-2059

Respondent, Pro Se


I hereby certify that on the 3rd day of April, 2008, that I fax filed a true and correct copy of the above 'Emergency Motion for Demand Ruling" in accordance with supreme court rule 119(b)(3) to the following:

Judge Joe Johnson Fax: (785) 291-4917

Don Hoffman

Fax: (785) 233-2173

Jill Dykes

Fax: (785) 232-0600

Clerk of the District Court Fax: (785) 291-4908

Domestic Filings Fax: (785) 291-4911


Claudine Dombrowski dated:4-3-2008 Mother/Respondent

PO Box 4974, Topeka, Kansas 66604 Phone: (785) 845-3417

Fax: (888) 330-2059

Respondent, Pro Se

Kuehne Family YMCA - YMCA Safe Visit Satellite Office

2036 NW Tay lor Topeka, Kansas 66608 (785) 234-4677 Fax (785) 234-5466 email safevisit@kansas.net

Memo To: Hal Richardson and Claudine Dombrowski V· From: Connie Sanchez, Safe Visit Administrator C Regarding: Supervised Visitation Services

Date: 3-19-08

This letter is being drafted to give notification to all parties, that effective 3-19-08; services will be suspended. Please know this decision was not made in haste, rather implemented after several cases reviews by Administration.

It is the intention of Safe Visit to be a safe, neutral, transitional resource for families who require 3rd party intervention to ensure parent/child contact. Staff has been providing supervised visits between Ricki and her mother since September of2004. Staffis not aware of all the specifics requested by the Court to initiate a modification or change in parenting time. However, services will not resume until the plans outlined by the court for resolution are initiated (a psychological evaluation for Claudine).

Ricki is a bright, articulate, fun loving 13 year old girl. As observed by staff, during visits with her mother, Ricki shows mixed emotions. At times, she seems content with seeing her mother in the limited environment of Safe Visit; as they talk'non stop, play games and eat snacks. Ricki uses the visit as a time to share stories regarding friends, school, homework etc. Claudine is very responsive to Ricki; she offers an abundance of positive support and glorifies all of Ricki's thoughts and dreams.

On other occasions, during visits Ricki is somewhat withdrawn, expresses being tired and responds coldly, critically and rudely to her mother's comments and appears embarrassed by her mother's statements, appearance and behaviors. At times; Ricki will not answer her mother's questions at all and talks to staff instead or tells her mother to stop the current line of conversation. It seems when Claudine tries to talk with Ricki about her work, computer knowledge or childhood memories Ricki either changes the subject or does not acknowledge her mother's comments.

Although staff believes all teenagers have differences with their parents as they grow and develop independence, Ricki is struggling with other issues related to trust. Recently, staff asked Ricki how she would feel about allowing her mother to take a photo of her (Claudine requested a photo opportunity). She expressed being uncomfortable with doing a photo as she was unsure what her mother would do with the photo as in the past her mother gave out her cell numberlemail to someone her mother deemed "like her'.' (a

This program funded in part by grants provided by the United Way. Shawnee County, City Youth Services Fund, the State Child Exchange and Visitation Center Program, and the Federal State Access and Visitatio~ Program as administered by Kansas Attorney Generai and The Governor of Kansas.

victim of abuse). She told staff she wants to have a "normal" relationship with her mother "like her friends" do with their mother's but is concerned that her mother will embarrass her (treating her like a yOLmg child), make up stories regarding her Dad (marching in the DV parade/website), and also expressed concern regarding where her mother lives, with whom etc.

There is no easy resolution to re-establishing parenting time for Ricki and her mother. Ricki acts grown up but she is still a child. Ricki has been in therapy with Dr. Rodenheffer on and off for several years. A GAL is also assigned to look at the best interests of Ricki,

Staff respectfully requests the court review the lack of movement 011 this case and whether or not ongoing visitation at Safe Visit is the best plan for Ricki.


N r--:'




112 Wc~t Sevemh Garden SUite Topeka. Kansas 6660J

Donald R_ Hoffman Jason P. Hoffman

Telephone: 08512.'B-S8X7 Facsimile: (8)) 23J-217]

March I. 2006


The Honorable Joseph Johnson District Court Judge - Division 4 Shawnee County Courthouse 200 SE 7th Street

Topeka, Kansas 66603

RE: f:i~.LRi.rdStJII v. ct~bdin~ Dombrowski

~ -". '

: Que No.-96-D 211 -'

Dear Judge Johnson:

Pursuant to your instructions, we have conducted the interview of the school counselor, Stacy Mickens. I am enclosing my rougb notes of that conversation. along with the original of the Home Study conducted by Paula Clanton. LSCSW_

I believe that this concludes the specific requirements that the Court directed of me at our last hearing. I would appreciate the COUJ1 advising how you wish to have these materials dissimilated to the other parties. I would be happy to mail a copy to Jill Dykes.

the Guardian Ad Litem-

DRHlsh Ene.

cc: Bethany Roberts Jill Dykes


BIOPSYCHOSOClAL ASSESSMENT (Individual Interviews and Home Visit) Re: Case No. 96D 000217 Richardson vs. Dombrowski


MA.!; l 2(U
j j
j ~ .. DIVISION ..

This case was referred to me hy Mr. Dun Hoffman who is the attorney for Mr. IIal Richardson IT. This writer conducted an individual interview with Mr. Richardson If and a home visit with Mr. Richardson, Ms.Julie Miller (who lives in the home with Me Richardson and is his significant partner), Rikki Dombrowski (DOB: 12/12/9LJ), whom is Mr. Richardson's daughter, Dani (DOB: 09/24(92) and Chris (DOB: 11128/90) who are the children of Ms. Miller. All individuals presented with very mild symptoms of anxiety related to the potential of Rikki being removed from her home. She voiced this concern herself and stated that she did 110t want to "leave her dad".

She further stated Lhat she thought my role was to assess her living situation and to decide whether or not she should live with her mother or see her without anyone else. She strongly voiced her concerns about this and stated that she is "fearful of her mother". Rikki reports being tired of "safe visit" but is nervous and fearful of Mom without anyone else present. Her history reveals she has been afraid of her mother's actions even in the presence of an adult (i.e., school personnel).


Upon questioning, Mr. Richarson and Ms. Miller do not present with symptoms that would warrant a DSM IV diagnosis. Rikki presents with sorne symptoms of anxiel.y (apprehension and quietness) which she describes as related to my interview. She stated "I'm afraid of leaving dad".

1 began to lalk with Rikki about her relationship with her mother. I asked her how she felt her visits with her mother were going at the Safe Visit PmgrmnRikki staled that she is "IS burned out on safe visits but is ~afraid of seeing my mom alone." She further stated that she is "afraid that morn will take me and leave." She also states that "mom is a liar". When I asked her why she thought her mom was a liar Rikki stated that she "dressed up in a wig and came to my troop meeting and scared me." Rikki described that during a scout meeting her mother came to her meeting dressed in a wig and Rikki was ushered intu the rest room by the scout leader whereby her mom then proceeded to try to talk with her. Rikki claims she was "screaming and very afraid by this and is scared Mom will do crazy things again". She further stated that she" does not trust my


Per Mr. Richardson's report, Ms. Claudine Dombrowski has threatened him. He further states that she has violated court orders by seeing Rikki in disguise as in referenced to the abovementioned episode. I have not had the opportunity to meet with Ms. Dombrowski and am only going OIl information [ have available to me. Based on the information available to me, 1 would recommend that Ms. Dombrowski undergo a thorough psychiatric evaluation.

Hoth Mr. Richardson and Ms. Miller deny psychiatric problems or his Lory

- ----.-.--------------

r--- -


Upon the information available to me, 1 am not aware of any substance abuse problems with Mr. Richardson and Ms. Miller, They both deny tobacco use.


Both Mr. Richardson and Ms. Miner have been married previously and have children from those marriages. The current living situation is such that Ms. Miller's two minor children, Dani and Chris, live in the home. On observation, the children including Rikki, Dam, and Chris all interacted appropriately with one another and with Mr. Richardson and Ms. Miller. Ms. Miller states that her relationship with her ex-husband is going well in terms of functioning what is in the best interest of their children. Mr. Richardson and Ms. Miller have been in their current relationship since 1996. This relationship appears healthy and Ms. Miller has always been an active part of Rikki's life Mr. Richardson has had custody of'Rikki since 2000.


Rikki appears to be a well-adjusted fifth grader who is involved in different activities. She is a member of her scout troop and had formerly participated in Karate. When asked how come she did not participate in Karate any longer, Rikki reported that it was because her instructor had moved. Rikki also reports liking time with Julie Miller and her stepsister Dani and often times they will go and have a "girls' day". They will go shopping and out to lunch and do a variety of ucuvities together. Again, hy observation in the fami.y home, everyone acted appropriately and interacted well. There were several pictures displayed on the wall of the family and the house was clean and well maintained. Dani and Rikki share a room which was appropriately maintained Rikki also showed me many of her collections and her scouting badges.


1\IIl. Richardson reports he has been self-employed owning two businesses for approximately August of 1989. 1\1s. Miller has been at her current job for 21/2 years. She works at Jayhawk Area Agency on Aging


This writer had contact with Ms. Stacy Mickens, Rikki's high school counselor. Ms. Mickens reports that Rikki is a well-adjusted fifth grader and has had some visits with her since she has been attending Tecumseh North Elementary School. Her school performance is good and she is well liked by her peers. Ms. Mickens reports [hal there was an incident on school grounds when Rik ki WHS afraid to go out at recess because her mother had come and stood by the side of the fence by the playground. Ms . Mickens worked with Rikki on problem solving approaches if mom should appear by lite fence which included going to the on duty teacher and standing next to the on duty teacher at recess time. Ms. Mickens reports that over the last several years Rikki has been relatively well-adjusted and less fearful although 011 occasion will say she is afraid her mother will show up and take her.


This writer would assess that this is a well-adjusted child and that Rikki is functioning well at this present time This writer would be concerned with any unsupervised visitation by Ms. Dombrowski with Rikki due to the information described above as well as Rikki stating directly that she is afraid of her mother and that her mother will take her away She interacts appropriately with her father and has a good relationship with him. Mr. Richardson has had residential custody of Rikki for the last six years and has taken good care of her according to consultation with the school counselor, Ms. Stacy Mickens, as well as Rikki's guardian ad litem, Jill Dykes, and my interview with the family and Rikki Rikki describes her father, Ms. Miller, Dani and Chris as "her family.'

Respectfully submitted,

Po- h.J(_;Z c,.ean ~I

Paula J. Clanton, LSCSW 5847 SW 29th Street Topeka, KS 66614


[----- -

Date signed: :)_-=-_:?- '¥ - Q~



Conversation with school counselor, Stacy Mickens - (School Counselor- Tecumseh North School)


February 7, 2006


Hal Richardson/Claudine Dombrowski

I had a conversation with Ms. Mickens relative to her contact with Rikki Dombrowski. She indicated that she had some direct contact with Rikki, one-on-one. Additionally, she had worked with Rikki for a time in a program at school know n <IS "Banana Splits" This is a program for children who are in family of divorced or divorcing parents. She described that Rikki was a good student and seemed well adjusted. Rikki always appeared at school bright, fresh and ready to learn. Her clothing and personal hygiene were well groomed. She has a good attendance record and is not tardy to school.

The counselor indicated that she was familiar with the family and the child of Hal Richardson's "significant other". These children have attended classes at the school.

One of the concerns that Rikki expressed, from time to time, was the somewhat competiti ve nature of her relationship with the daughter of Hal's "significant oth er". Ms. Mickens indicated that she believed that any controversy that existed between Rikki and the daughter was normal interaction and adolescent behavior.

Rikki has expressed, from time to time, a fair amount of fear of being alone with her mother and has expressed this in the past. She has felt threaten, i.e., the particular event is when the mother appeared in disguise at school. These events resulted in somewhat of a wrestling match between Rikk.i, her mother and other adults who may have been knowing in concert with Ms. Dombrowski. Rikki is very concerned about her mother obeying rules that are established For their visits and contact.

Rikki has never expressed anything of a similar nature about her father. Hal Richardson. She has expressed an embarrassment about her mother's Actions, including 11 period of time when Ms. Dombrowski made frequent lunch time appearances at school. The actions of her mother separated her from her classmates and friends and was an interference with her socialization.




CASE NO. 96D000217









BEFORE ME, the undersigned authority, on this day personally appeared; Claudine Dombrowski, who swore or affirmed to tell truth, and stated as follows:

My name is Claudine Dombrowski. I am of sound mind and capable of making this sworn statement. I have personal knowledge of the facts written in this statement. I understand that in lie in this statement I may be held criminally responsible. This statement is true.

I, Claudine Dombrowski under penalty of perjury do herby state as follows:

1. Per the Court order of 09/27/2006 to obtain a 'Parenting Psychological Evaluation":

a. I contacted Family Service and Guidance Center on 9/28106 and spoke with Anthony Bryan.

b. I presented the court order to Anthony Bryan, Risk Management, seeking to fully comply with the courts order. He stated that Family Service and Guidance Center (hereinafter also referred to as FSGC) cannot comply with the court order as they do not provide that service. They work only with children and their families.

c. Anthony Bryan promptly called Honorable Judge Johnson in my presence, leaving a voice mail message stating that FSGC is unable to comply with the court order of9/27/06, as they do not provide such services.

2. On 09/28/06, 9129106 via two phone messages and 10102/06 via letter (attached), FSGC documented and communicated to the courts that they cannot com ply with the 9/27106 Order of the Court, that I wanted to fulfill the order of the court, and thatthey do not provide the requested service of 'Parenting Psychological Evaluation" or any other service of another name that would qualify as a parenting psychological evaluation.

3. Attached is the letter from the Family Service and Guidance Center sent to the Honorable Judge Johnson dated 10102/06.

4. On 10102/06, in my good faith attempt to try to fulfill the court order of9/27/06,

I called The Family Resource Center, as referenced in the Family Service and Guidance Center's letter dated 10102106, to Judge Johnson.

a. On 10102/06, The Family Resource Center stated that their center is unable to perform the court ordered evaluation, however referred me to Michelle McCormick at (785) 357-4763. I was informed that Michelle sub-contracts "home studies" under court order through the Shawnee County Court Services Office.

b. On 10118/06, Michelle stated that through a court order from Judge Johnson, that 'Court Services' could provide an evaluation! home study and parenting assessment. Court Services would then sub-contract with Michelle for her services to provide a home study that would include a parenting assessment, which is used most often in new and pending divorce and custody cases.

c. I was informed by Michelle that the parenting assessment is not similar to

a "Parenting Psychological Evaluation" which the court order I was seeking to comply is requesting.

5. On 9/28/06, 10102/06, 10113106 and 10116/06 I called Rose Marie Smith, Judge Johnson's Court Administrator, seeking guidance as to how I may obey and fulfill in good faith the court order of9/27/06.1 left messages on voice mail on 9/28/06 and 10102/06. The following two calls on 10113/06 and 10116/06 Rose Marie stated that she would get with the judge to obtain what was needed so that I could further proceed and maintain compliance with the courts order of 9/27/06. On the last call of 10116/06 Rose Marie took my phone number and stated that she would call me with any further directions, related to the evaluation and where the judge would have me go to obtain this.

6. Because FSGC and FRC can not comply with the current court order for courts order for "Parenting Psychological Evaluation", in good faith to obey and fulfill the courts order, I respectfully submit 3 names of Psychologists; 1. Bud Dale 2. Judith Corkum 3. Cynthia Turnbull in the area that is willing to perform a Psychiatric Evaluation only after they are in receipt of an order from the Honorable Judge Johnson specifYing:

a. The name of the person who is to perform the evaluation

b .. Specifically what items should be addressed in the evaluation

Jonathan M. Farrell-Higgins, Ph.D.

at Shadow Wood CLinical Associates ----------------------

January 14~ 2008

Claudia Dombrowski

Fax: 888-330w~ .;lpS9

To Whom It May Concern:

Due to my current work load, I am unable to do an assessment on the above named person.


3649 S.W. Burlingame Road, Suite #100 Topeka, Kansas 66611

'd Ll 0; 'or~

Office: (785) 266-6751 Fax: (785) 266-4533

~WEE:6 BOOL '~l'U'e"

The Law Office of M Jill Dykes

1243 S.W. Topeka Blvd., Suite B Topeka, Kansas 66612

telephone: 785-266-8664 fax: 785-232-0600 e-mail: faith_full_@hotmail.com

--------------- .---------

November 12,2007

The Honorable Joseph D. Johnson Shawnee COW1ty Courthouse Division Twelve

200 S_B. 71h Street

Topeka, Kansas 66603

Re: Richardson v. Dombrowski Case No.: 96-D-217

Dear Judge Johnson,

As ordered, I contacted Dr. Turnbull's office re: Ms. Dombrowski's evaluation and was informed she is not taking on any new clients at this time. (See attached letter). I also contacted Dr. McCoy, the Dr. in Manhattan, who I had been referred to and she is no longer doing Court evaluations,

I guess the ball is back in your "Court". Please advise what step we shall take next.


M. Jill Dykes Attorney at Law


ce: Don Hoffman Claudine Dombrowski

Cynthia Turnbull, Ph.D.

Licensed Psychologist

November 12, 2007

To Whom It May Concern:

This latter is 10 notify you that due my current client load I will not be accepting new patients at this time


Cynthia Turnbull, Ph.D.

835 SW Westem Avenue • Topeka, KS 66606 • Phone: 785-233~9000 • Fax: 785-233~9090

'[0/10 39V'd

S~N~1InSN08 dOIA~3a



Lfl02';JZ: II IT

__ -_.-


eliminating racism empowering women ywca

May 10.2006

Ms. Bethany Roberts

. Kansas Legal Services 712 S. Kansas Ave. Topeka. KS 66603

RE: Claudine Dombrowski

Dear Ms. Roberts:

YWCA Topeka T: 785-233-1750

255 SW 12'~ Street F: 785-233-1867

Topeka, KS 66612 www.ywcatopeka.org

I am writing on behalf of Ms. Claudine Dombrowski. Ms. Dombrowski has completed. three sessions of individual counseling with the YWCA Battered Women Task Forcein regards to issues related to domestic violence.

Ms. Dombrowski has a good understanding of the cycle of violence and the effects . domestic violence has on the victims. Ms. Dombrowski was verbal, motivated and very insightful during these sessions as she garnered additional information about domestic violence.

I do not recommend that a referral for further counseling would he of benefit at this time. Ms Dombrowski, is aware of her resources for futurereferrals if the need should arise. If you have any questions or comments, please do not hesitate to contact me.


,~~~ l;),'~~

Mindy Windholz, MS, LCPC, NCe

Co; Claudine Dombrowski


eliminating -rae.lim empowering women


Mindy WI"dholz, MS, LPc Domestic Violence Counselor

YWCA Battered Women

Task Force

YWCA of Topeka· 225 SW 12th Street Topeka, KS 66612

l' 76$,354-7927 x316

F: 785-:132.2902 mindyw@ywcatopeka,org WWW.ywcatopeka.org


October 2,2006

Judge Johnson District Court Judge 200 SE 7th Street Topeka, Kansas 66603

Judge Johnson,

Claudine Dombrowski stopped by our office on September 27,2006 asking for a parenting psychological evaluation. We informed Claudine that Family Service and Guidance Center does not provide that service Find 'inxtructcd Iter to contact. the Family Resource Center. Cl andj ne expressed concerns about not complying with the situation. Claudine informed me that she had your telephone number and asked me to contact you at 233-8200 ext. 4303. f called at 12:10 pm and left a voice mail message identifying myself and explained the information stated above. I also asked for a return call and left my phonc number. Claudine contuoted me again and asked if 1

had heard back from anyone and I informed her that I had not. She expressed concern again and asked if I would write a letter stating her attempt to access the parenting psychological evaluation service from Family Service and Guidance Center on 9-27- 06. 1 agreed to complete this note as documentation of Claudine's efforts to access the service through Family Service and Guidance Center a. .... the court order stipulates. Please contact me at 232-7903 if you have any questions or need additional Information,

Sincerel > .?'1'u..rl' ~'Z_/


A~ryan, LSCSW

Director of Risk Management and Corporate Compliance



325 SW Fraz.ier > Topeka, KS 66606 • 785.232-5005 • fax 785.232.0160 • Isgctopeka.corn For emergencies call 785.232.5005

Cynthia Turnbull, Ph. D" Licensed Psychologist

April 10, 2007

To Whl"lI)1 It Mi"lY Concern:

This letter is to notify you that due to personal rnattere and my current client load I Will not be accepting new patients at this time.



Cynthia Turnbull, PhD

835 SW Western Avenue "Topeka, KS 66606 .. Phone: 785-233-9000 .. Fax: 785-233-9080

10/10 39V'd

5~NV'~,n5NOJ dOIAV'H38


SP:S0 L003/01/P0

Sign up to vote on this title
UsefulNot useful