Mother in fight to regain children
Friday, March 31, 2006
By Theresa D. Mcclellan
The Grand Rapids Press GRAND RAPIDS -- She lives in a safe house now, receives mental-health counseling and has a support group in her corner.
But that might not be enough to reunite Marina Ivanova with her two young children.
The Ukraine native was convicted of child abuse after police in September 2004 removed her children, then ages 3 and 23 months, from an allegedly feces- and trash-filled home at Eastbrook Apartments in Grand Rapids.
Witnesses reported the children were left alone in urine-soaked beds.
Ivanova's lawyer, Judith Raskiewicz, said her client acknowledged her home was out of control but said it was because she was in the midst of moving when police came there because of reports of a crying child.
Ivanova's problem stemmed from many factors, including being isolated in a foreign country and her compulsive disorder to not throw away anything, her attorney said.
After spending 11 months in jail, she also received counseling, completed parenting classes and followed orders that could reunite her with her children, her attorney said. The children now are wards of the court.
Raskiewicz is one of four attorneys who appeared Thursday before Kent County Circuit Judge G. Patrick Hillary in the court battle for the children.
It is a lengthy process that allows all four lawyers to cross-examine each witness. Three more witnesses are expected in the hearing to terminate both parents' rights, which will resume April 17.
The case has captured the attention of supporters from the Heartside community and Families for Justice and Equality, a local court watchdog group that has started challenging family court cases where rights are terminated.
Bishop Walter Durham of the justice and equality group argued outside the courtroom that the courts have no say in ending Ivanova's parental rights since she is Ukrainian and not a U.S. citizen. She gained full custody of her children in an earlier divorce proceeding. The children, now 3 and 5, have dual citizenship.
The children's father, James Warner, and his lawyer, Freeman Haehnel, challenged statements in court about Warner's alleged abuse of Ivanova and said they have followed orders of Bethany Christian Services, which has the children in foster care.
Case worker Julie Kammeraad testified neither parent is fit to have the children because Warner could not hold a job for any length of time and made no effort to see the children when he had the chance.
Haehnel challenged the case worker for questioning Warner's choice to quit a job at a McDonald's restaurant for a manufacturing job.
"So you mean to say if he'd kept his job at McDonald's, we wouldn't be in this courtroom?" scoffed Haehnel.
Kammeraad also stated Ivanova currently has no job or permanent place to live.
"I just want my children. This makes me sick," Ivanova said.