Lawyer awaiting Montana Supreme Court order: ‘We don’t even know where the kid is’
The Supreme Court of Montana showcases the majestic Great Seal of the State (Photo by Eric Seidle/ For the Daily Montanan).
Lance Jasper had been hopeful that his client, Shanna ManyWounds, would be able to reunite with her 5-year-old son just in time for Christmas.
According to Jasper, the lawyer representing ManyWounds of Elmo, she is unsure if her child is still in the country.
In a recent interview, Jasper expressed his heart-wrenching emotions upon witnessing Shanna’s Christmas festivities. The sight of her empty house and unopened presents for her son deeply affected him.
In late October, Jasper and lawyer Spencer MacDonald, both residing in Missoula, urgently petitioned the Montana Supreme Court to assume jurisdiction over a child custody case currently being handled by the Lake County District Court.
They decided to represent ManyWounds, mostly without charge, after reviewing a transcript of a child custody hearing in September that led to a severe upheaval for the child. This description was used by the lawyers in a court filing.
During the hearing, Judge Kim Christopher made the decision to promptly remove the child from his mother’s care, despite her being the primary caregiver, and transfer custody to the father, who had minimal involvement in the child’s life, with only four days of visitation per year.
Both parents had not suggested that plan.
The judge, however, believed that the change would help the child develop resilience by strengthening their ability to handle stress. Additionally, the judge felt that it would provide an opportunity for the child to have a more balanced relationship with both parents, as it would remove the child from an overly controlling mother and give the father an equal chance to be involved in parenting for the next five years.
Jasper expressed his client’s frustration and his own confusion regarding the agonizing wait for an order. In district court, emergency filings are usually resolved within a day or two.
According to him, the district court’s decision to prohibit the mother from contacting her son is causing part of the emergency situation, which is harmful to both of them.
According to the lawyers, the prohibition worsened an already traumatic situation for the child in their petition.
The deadline for the father to file a response in court was November 30th. According to Jasper, the matter has been on the Supreme Court’s calendar for the past two weeks and this week.
Jasper expressed that his experience with ManyWounds has been the most challenging in his entire career due to the lack of significant updates for the client.
During the hearing, the parents engaged in a heated debate regarding whether the child should be granted permission to visit his father’s relatives in Jamaica.
ManyWounds was not keen on this happening immediately, but according to Jasper, she later received an administrative notice informing her that the child had applied for a passport.
Jasper revealed that the mother is unable to reach out to the father and seek answers to her questions. Jonathan Whyte has not provided any information voluntarily, leaving her completely unaware of her child’s whereabouts. She remains in the dark, uncertain whether the child is in Oregon, where the father resides, or if they are overseas or elsewhere.
Jasper expressed concern about the current dilemma, stating, “We are facing a situation where we are completely unaware of the child’s whereabouts.”
David Diacon, Whyte’s lawyer from Lolo, has declined to comment on ongoing cases according to a phone message left with someone at his firm, Hrafn Law.
In previous interviews, Jasper and MacDonald both expressed their belief that Christopher’s decision is one of the most glaring examples of injustice they have ever witnessed.
The parents are requesting the Montana Supreme Court to reunite the child with ManyWounds, appoint a different judge to handle the custody dispute, and report any concerns of misconduct to the disciplinary counsel.
During a previous interview, Christopher expressed her limitations in discussing the case. However, she did mention that when parents choose to represent themselves in court, as they did in this particular situation, the outcome of disputes becomes highly unpredictable.
The judge acknowledged that she felt emotional during the case, but she also stated that she took the time to reflect on it afterwards, just as she does in other cases that are highly contested. In a court filing, she mentioned that she ultimately completed the parenting plan “with a more balanced and composed approach.”
Jasper and MacDonald have acknowledged that emergency petitions like the one they filed face an uphill battle in the Montana Supreme Court, particularly in family law cases. Jasper expressed that district court judges are typically granted significant deference, but he remains confident that their case has successfully met the necessary burden.
Jasper mentioned that district courts usually make decisions on emergency matters within 48 hours. However, he also expressed that he does not believe there is a specific timeline that the state high court must adhere to in issuing an order.
Jasper acknowledged the challenging nature of the prolonged wait in this particular case, emphasizing the emotional toll it takes on the mother and the potential additional trauma experienced by the child.
ManyWounds is currently receiving counseling to help her maintain her sanity, as her counselor believes it is important for her well-being. Additionally, it is expected that the child is also experiencing difficulties during this challenging time.
Jasper expressed how challenging this time of year is, especially with Christmas approaching. He mentioned the struggles his 5-year-old son faces, not understanding why his mother isn’t reaching out to him or communicating with him.
Jasper expressed his anxiety over the father’s lack of communication, finding it to be nerve-wracking. The uncertainty of what he would say to ManyWounds if the child were to be taken to Jamaica, whether for a brief visit or an extended period, is now a concern for Jasper.
Jasper pondered, “Who should shoulder the blame? Should it be us, the attorneys? Or perhaps the system itself?” He expressed his frustration, stating, “It’s impossible to justify to a mother of a 5-year-old child that she is merely a victim of a judicial system that failed to act swiftly.”
The article titled “Lawyer Awaiting Montana Supreme Court Order: ‘We Don’t Even Know Where the Kid Is'” was originally published on the Daily Montanan website.
