Difference between revisions of "Shillander v. Shillander"
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− | In November [[1987]], [[Vivian Shillander]] filed a petition for [[divorce]] from her husband [[Richard Harold Shillander]] and custody of her five children. Four of her children were then living in [[The Family|Family]] [[Home]]s in [[Thailand]] with their father and | + | In November [[1987]], [[Vivian Shillander]] filed a petition for [[divorce]] from her husband [[Richard Harold Shillander]] and custody of her five children. Four of her children were then living in [[The Family|Family]] [[Home]]s in [[Thailand]] with their father and his second "wife."<ref>Because Mr. Shillander was not legally divorced until September 1989, his "[[marriage]]" in Thailand was not legal.</ref> On November 16, 1987, Circuit Court Judge Gene Paul Kean signed temporary orders granting Mrs. Shillander full custody of all her children. Mr. Shillander failed to comply with these orders.<ref>However, it should be noted that, although he was aware of the November 1987 orders shortly after they were issued and received copies of them in January 1988 in Thailand, court records indicate he was not officially served with them until November 1988</ref> Mrs. Shillander hired a private investigator, [[Michael Intravia]] of Allied Intelligence, who helped her locate her children and return them to the [[United States]].<ref>Mr. Intravia later published a book with a detailed account of his investigation and mission to find and recover the missing children: ''Desperate Measures: The Gripping Drama of a Private Investigator's Dangerous Mission to Free a Mother's Young Children from a Bizarre Religious Cult – by Michael Intravia'' — ISBN 0849990270</ref> In November 1988, Mr. Shillander returned to the United States and began trying to legally regain custody of his children. Although he was initially unsuccessful, the Court eventually granted him supervised visitation. Mr. Shillander was never awarded full custody of any of the children. However, Mrs. Shillander eventually agreed to allow some of the older children to live with him and this agreement between the parties was approved by the Court. |
{{sectionstub}} | {{sectionstub}} | ||
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Judge Gean Paul Kean<br> | Judge Gean Paul Kean<br> | ||
Case number: DIV. 87-721<br> | Case number: DIV. 87-721<br> | ||
− | Case title: ''Vivian Lynn Shillander v. Richard Harold Shillander | + | Case title: ''Vivian Lynn Shillander v. Richard Harold Shillander''<br> |
'''Attorneys''' | '''Attorneys''' | ||
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*David Alan Palmer (Defendant) | *David Alan Palmer (Defendant) | ||
*Drake Titze (representing children) | *Drake Titze (representing children) | ||
− | *A. Thomas Pokela (State of South Dakota, Department of Social Services) | + | *Joseph Reed (representing children) |
+ | *A. Thomas Pokela (State of South Dakota, Department of Social Services, Child Support Enforcement) | ||
*Barbara Everist (representing minor FJS) | *Barbara Everist (representing minor FJS) | ||
*Thomas Nicholson (representing relatives David and Susan Harris) | *Thomas Nicholson (representing relatives David and Susan Harris) | ||
− | |||
==Multimedia== | ==Multimedia== | ||
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==Court records== | ==Court records== | ||
− | <small>Editors note: The archived documents listed below include the entire public portion of the case file as provided by the South Dakota Second Judicial Circuit clerk. It does not include any documents that have been sealed or are otherwise not | + | <small>Editors note: The archived documents listed below include the entire public portion of the case file as provided by the South Dakota Second Judicial Circuit clerk. It does not include any documents that have been sealed or are otherwise not publicly available. Some confidential information, such as Social Security and bank account numbers, has been redacted by the court in accordance with South Dakota [http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=15 statutes] and court rules. An xFamily.org editor has also reviewed the documents for unredacted Social Security numbers and made redactions as appropriate.</small> |
− | '''Download entire case file:''' [[Image:Icon pdf.gif|PDF Icon]][https://media.xfamily.org/docs/legal/usa/shillander/div-87-721.pdf DIV. 87-721] <small>( | + | '''Download entire case file:''' [[Image:Icon pdf.gif|PDF Icon]][https://media.xfamily.org/docs/legal/usa/shillander/div-87-721.pdf DIV. 87-721] <small>(266 pages, 43.3M)</small> — 1987-11-16 – 1992-12-04 |
*[[Image:Icon pdf.gif|PDF Icon]][https://media.xfamily.org/docs/legal/usa/shillander/0001.pdf SUMMONS] <small>(1 page, 175k)</small> – 1987-11-16 | *[[Image:Icon pdf.gif|PDF Icon]][https://media.xfamily.org/docs/legal/usa/shillander/0001.pdf SUMMONS] <small>(1 page, 175k)</small> – 1987-11-16 | ||
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*[[Image:Icon pdf.gif|PDF Icon]][https://media.xfamily.org/docs/legal/usa/shillander/0073.pdf STIPULATION] <small>(2 pages, 265k)</small> – 1992-08-06 | *[[Image:Icon pdf.gif|PDF Icon]][https://media.xfamily.org/docs/legal/usa/shillander/0073.pdf STIPULATION] <small>(2 pages, 265k)</small> – 1992-08-06 | ||
*[[Image:Icon pdf.gif|PDF Icon]][https://media.xfamily.org/docs/legal/usa/shillander/0074.pdf ORDER FOR CHANGE OF VISITATION] <small>(1 page, 170k)</small> – 1992-08-06 | *[[Image:Icon pdf.gif|PDF Icon]][https://media.xfamily.org/docs/legal/usa/shillander/0074.pdf ORDER FOR CHANGE OF VISITATION] <small>(1 page, 170k)</small> – 1992-08-06 | ||
− | *[[Image:Icon pdf.gif|PDF Icon]][https://media.xfamily.org/docs/legal/usa/shillander/0075.pdf SATISFACTION OF JUDGMENT] <small>(1 page, 444k)</small> – 1992-12-04 | + | *[[Image:Icon pdf.gif|PDF Icon]][https://media.xfamily.org/docs/legal/usa/shillander/0075.pdf SATISFACTION OF JUDGMENT] <small>(1 page, 444k)</small> – 1992-12-04 |
==References== | ==References== |
Latest revision as of 06:43, 5 February 2009
In November 1987, Vivian Shillander filed a petition for divorce from her husband Richard Harold Shillander and custody of her five children. Four of her children were then living in Family Homes in Thailand with their father and his second "wife."[1] On November 16, 1987, Circuit Court Judge Gene Paul Kean signed temporary orders granting Mrs. Shillander full custody of all her children. Mr. Shillander failed to comply with these orders.[2] Mrs. Shillander hired a private investigator, Michael Intravia of Allied Intelligence, who helped her locate her children and return them to the United States.[3] In November 1988, Mr. Shillander returned to the United States and began trying to legally regain custody of his children. Although he was initially unsuccessful, the Court eventually granted him supervised visitation. Mr. Shillander was never awarded full custody of any of the children. However, Mrs. Shillander eventually agreed to allow some of the older children to live with him and this agreement between the parties was approved by the Court.
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Case information
State of South Dakota
County of Minnehaha
Cicruit Court
Second Judicial Circuit
Judge Gean Paul Kean
Case number: DIV. 87-721
Case title: Vivian Lynn Shillander v. Richard Harold Shillander
Attorneys
- Steven G. Haugaard (Plaintiff)
- Richard L. Johnson (Plaintiff)
- Sidney B. Strange (Defendant)
- David Alan Palmer (Defendant)
- Drake Titze (representing children)
- Joseph Reed (representing children)
- A. Thomas Pokela (State of South Dakota, Department of Social Services, Child Support Enforcement)
- Barbara Everist (representing minor FJS)
- Thomas Nicholson (representing relatives David and Susan Harris)
Multimedia
- ABC News 20/20: To Bring Her Children Home — 1988-07-15
- Discovery Channel: The Justice Files (4:26, 5.7MB) — 1993 – Brief update on Vivian Shillander's story (duplicate footage from 20/20 removed)
Court records
Editors note: The archived documents listed below include the entire public portion of the case file as provided by the South Dakota Second Judicial Circuit clerk. It does not include any documents that have been sealed or are otherwise not publicly available. Some confidential information, such as Social Security and bank account numbers, has been redacted by the court in accordance with South Dakota statutes and court rules. An xFamily.org editor has also reviewed the documents for unredacted Social Security numbers and made redactions as appropriate.
Download entire case file: DIV. 87-721 (266 pages, 43.3M) — 1987-11-16 – 1992-12-04
- SUMMONS (1 page, 175k) – 1987-11-16
- COMPLAINT (2 pages, 381k) – 1987-11-16
- PLAINTIFF'S AFFIDAVIT AND PETITION (3 pages, 567k) – 1987-11-16
- ATTORNEY'S CERTIFICATE (2 pages, 264k) – 1987-11-16
- PLAINTIFF'S AFFIDAVIT IN SUPPORT OF EX PARTE MOTION FOR TEMPORARY CUSTODY (17 pages, 2.5M) – 1987-11-16
- PLAINTIFF'S AFFIDAVIT (1 page, 180k) – 1987-11-16
- TEMPORARY CUSTODY ORDER, TEMPORARY PROTECTION ORDER, TEMPORARY RESTRAINING ORDER, AND ORDER TO SHOW CAUSE (3 pages, 616k) – 1987-11-16
- ORDER TO LAW ENFORCEMENT (411k) – 1987-11-16
- SUPPLEMENTAL AFFIDAVIT AND APPLICATION (1 page, 193k) – 1988-11-07
- TEMPORARY CUSTODY ORDER, TEMPORARY PROTECTION ORDER, TEMPORARY RESTRAINING ORDER, AND ORDER TO SHOW CAUSE (3pages, 619k) – 1988-11-07
- ORDER TO LAW ENFORCEMENT (2 pages, 408k) – 1988-11-07
- ANSWER (2 pages, 207k) – 1988-11-21
- MOTION FOR PSYCHOLOGICAL EVALUATIONS (2 pages, 206k) – 1988-11-21
- RESPONDING AFFIDAVIT (11 pages, 1.7M) – 1988-11-21
- CERTIFICATE OF SERVICE (1 page, 102k) – 1988-11-21
- REBUTTAL AFFIDAVIT (6 pages, 988k) – 1988-11-22
- Clerk's handwritten receipt for surrender of children's passports (1 page, 68k) – 1988-11-22
- TEMPORARY CUSTODY ORDER AND RESTRAINING ORDER (2 pages, 177k) – 1988-11-28
- CERTIFICATE OF SERVICE (1 page, 126k) – 1988-12-12
- DEFENDANT'S APPLICATION (5 pages, 758k) – 1989-01-30
- ORDER TO SHOW CAUSE (2 pages, 219k) – 1989-01-31
- AMENDED ORDER TO SHOW CAUSE (5 pages, 473k) – 1989-01-31
- NOTICE OF HEARING (2 pages, 235k) – 1989-02-14
- PLAINTIFF'S AFFIDAVIT IN RESPONSE TO DEFENDANT'S APPLICATION (4 pages, 903k) – 1989-02-21
- CERTIFICATE OF SERVICE (1 page, 124k) – 1989-02-21
- ORDER REGARDING VISITATION (1 page, 204k) – 1989-04-17
- VISITATION ORDER (2 pages, 210k) – 1989-04-24
- AFFIDAVIT (1 page, 149k) – 1989-09-19
- STIPULATION (1 page, 122k) – 1989-09-19
- JUDGMENT AND DECREE OF DIVORCE (232k) – 1989-09-19
- NOTICE OF ENTRY OF JUDGMENT (1 page, 204k) – 1989-09-20
- STIPULATION AND AGREEMENT (5 pages, 765k) – 1990-01-20
- AMENDED JUDGMENT AND DECREE OF DIVORCE (2 pages, 259k) – 1990-01-26
- NOTICE OF ENTRY OF AMENDED JUDGMENT (1 page, 204k) – 1990-01-30
- ADMISSION OF SERVICE (1 page, 98k) – 1990-03-15
- SUMMONS (1 page, 168k) – 1990-07-06
- COMPLAINT (2 pages, 249k) – 1990-07-06
- AFFIDAVIT OF SUBSTITUTE SERVICE (1 page, 139k) – 1990-07-13
- AFFIDAVIT (204k) – 1991-01-24
- ORDER TO SHOW CAUSE (2 pages, 263k) – 1991-01-24
- AFFIDAVIT OF SUBSTITUTE SERVICE (1 page, 136k) – 1991-02-06
- ANSWER (3 pages, 357k) – 1991-03-06
- RESPONDING AFFIDAVIT (12 pages, 1.7M) – 1991-03-06
- DEFENDANT'S APPLICATION FOR CHANGE OF CUSTODY AND FOP OTHER RELIEF (8 pages, 1.1M) – 1991-03-19
- ORDER TO SHOW CAUSE (2 pages, 200k) – 1991-03-19
- AFFIDAVIT OF SERVICE (1 page, 182k) – 1991-03-26
- PLAINTIFF'S AFFIDAVIT (3pages, 304k) – 1991-04-11
- TEMPORARY ORDER (2 pages, 350k) – 1991-04-15
- NOTICE OF ENTRY OF ORDER (1 page, 196k) – 1991-04-22
- NOTICE OF ENTRY OF ORDER (1 page, 174k) – 1991-04-22
- NOTICE OF APPEARANCE (1 page, 102k) – 1991-06-18
- AFFIDAVIT (26 pages, 5.7M) – 1991-06-20
- STIPULATION AND AGREEMENT (3 pages, 432k) – 1991-06-24
- JUDGMENT (3 pages, 395k) – 1991-06-24
- ORDER REGARDING CUSTODY AND VISITATION (4 pages, 578k) – 1991-08-30
- NOTICE OF APPEARANCE (1 page, 191k) – 1991-09-06
- NOTICE OF ENTRY OF ORDER REGARDING CUSTODY AND VISITATION (2 pages, 167k) – 1991-09-16
- ADMISSION OF SERVICE (1 page, 113k) – 1991-09-25
- NOTICE OF ENTRY OF ORDER REGARDING CUSTODY AND VISITATION (1 page, 116k) – 1991-09-25
- ADMISSION OF SERVICE (1 page, 112k) – 1991-10-10
- NOTICE OF ENTRY OF ORDER (1 page, 171k) – 1991-10-30
- STIPULATION AND ORDER REGARDING VISITATION (2 pages, 233k) – 1991-10-24
- STIPULATION (339k) – 1991-11-18
- ORDER FOR CHANGE OF VISITATION (1 page, 141k) – 1991-11-18
- AFFIDAVIT (3 pages, 389k) – 1992-05-15
- ORDER TO SHOW CAUSE (1 page, 141k) – 1991-05-18
- Letter from Andre B. Clayborne (2 pages, 377k) – 1992-05-27
- ANSWERING AFFIDAVIT (21 pages, 6.2M) – 1992-05-28
- AFFIDAVIT (3 pages, 419k) – 1992-06-03
- SUPPLEMENTARY AFFIDAVIT (38 pages, 5.4M) – 1992-06-05
- ORDER (2 pages, 266k) – 1992-06-30
- NOTICE OF ENTRY OF ORDER (2 pages, 247k) – 1992-07-25
- STIPULATION (2 pages, 265k) – 1992-08-06
- ORDER FOR CHANGE OF VISITATION (1 page, 170k) – 1992-08-06
- SATISFACTION OF JUDGMENT (1 page, 444k) – 1992-12-04
References
- ↑ Because Mr. Shillander was not legally divorced until September 1989, his "marriage" in Thailand was not legal.
- ↑ However, it should be noted that, although he was aware of the November 1987 orders shortly after they were issued and received copies of them in January 1988 in Thailand, court records indicate he was not officially served with them until November 1988
- ↑ Mr. Intravia later published a book with a detailed account of his investigation and mission to find and recover the missing children: Desperate Measures: The Gripping Drama of a Private Investigator's Dangerous Mission to Free a Mother's Young Children from a Bizarre Religious Cult – by Michael Intravia — ISBN 0849990270