TRENT CAHILL (9742)

SCOTT WEIGHT (14027)

ESPLIN WEIGHT
290 West Center Street
PO Box L
Provo, Utah 84603-0200
Telephone: 801.373.2912
Facsimile: 801.371.6964
E-mail: scott@esplinweight.com
Attorneys for Petitioner
IN THE FOURTH DISTRICT JUVENILE COURT
UTAH COUNTY, STATE OF UTAH

In the Interest of:

WOLFERTS, SYDNEY
05-24-1999
WOLFERTS, DANIELLE 10-29-2000
Children under 18 years of age

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AMENDED
PETITION FOR
CUSTODY AND
GUARDIANSHIP
No.

1102018
1102019

Judge Brent Bartholomew

COMES NOW Petitioners Brittany Wolferts (Nineteen year old, sister to the
children at issue), and Judith Olson (Maternal Grandmother of the children at issue), by
and through their legal counsel, hereby petitions this Court to award permanent custody
and guardianship of the above-named children to the Petitioners, pursuant to Utah Code
Ann. 78A-6-302 (1)(b)(i), (ii) and (1)(I)(i) and (1)(n). In support thereof, Petitioners
allege as follows:
1.

This Court has original and exclusive jurisdiction over the children

pursuant to Utah Code Ann. 78A-6-103 (1)(c) (2010).

2.

The children who are the subject of this Petition are:

Sydney, Wolferts, a 15 year old female, born May 24, 1999; and
Danielle Wolferts, a 14 year old female born October 29, 2000.
The children were born in Utah County, and lived in Utah County their entire lives until

their father moved together with the girls to Topka, Kansas on December 27, 2013. A
petition for custody and guardianship was filed by the Petitioner, Brittany Wolferts, less
than six months after the father left the state of Utah with the girls.
3.

The mother of the children is Michelle Wolferts whose last known

residence was 1215 South 620 West Orem, Utah 84058. Her current residence is
unknown.
4.

The father of the children is Brian Wolferts who resides at 6705 SW 28th

Street, Topeka, Kansas.

5.

The Petitioner Brittany Wolferts resides at 1215 South 620 West, Orem,

UT 84058.
6.

The Petitioner Judith Olson resides in Huntsville, Utah.

7.

The children are not enrolled in nor eligible for membership in a Native

American Indian tribe, and therefore are not subject to the provisions of the Indian Child
Welfare Act. Furthermore, custody of the children is not being sought by a government
agency.
8.

There is prior DCFS history (a number of years ago). January 3, 2005

DCFS finds reasonable basis to believe that the father was responsible for abuse or
neglect of Brittany (age 9). There is also recent DCFS history in Kansas where the father
was investigated for allegations involving the childrens step-sibling (not of this case).
It is believed that investigations resulted in unsubstantiated findings.
9.

1992: Mother and father were married.

10.

1994-2000: father engages in extramarital affairs with five women

between the ages of 18 and 29. Upon Michelles discovery of the last of these affairs in

2000, he seeks help for his self-described sex addiction. He sees Dr. Randy Hyde for
treatment.
11.

2000-2003: father engages in 30-40 online affairschat rooms, emails,

Internet personals, etc.

12.

April 11, 2003: father, having been unsuccessful in his efforts to

overcome his sexual addiction, self-refers himself to expert psychotherapist Dr. C.Y.
Roby for evaluation. Brian admits to being fairly worried about not being reinstated to
the LDS church and very worried that his family will leave him. Dr. Roby concludes
that Brians sexual arousal patterns suggest a need for supervision and psychotherapy.
Such therapy should include sexual reorientation therapy if he is to make the necessary
modifications of his deviant sexual arousal patterns. Dr. Roby also says it is clear that
Brian has a significant problem in regards to his sexuality and the controlling of his
impulses and attractions and that Brian appears to be somewhat hypersexualized.
13.

September 16, 2004: Father files for divorce. Mother is awarded

temporary primary custody of the girls pending final order from the court.
14.

January 3, 2005: DCFS case worker Taylor Allred sends Brian Wolferts a

letter informing him that, after an investigation, DCFS concluded that, in its opinion,
there was a reasonable basis to believe that you were responsible for abuse or neglect of
9-year-old Brittany.
15.

May 2007: Mother is awarded custody of the children; father is allowed

visitation.
16.

June 15, 2007: Bifurcated divorce is granted.

17.

November 2007: Brian marries Angie.

18.

March 26, 2008: Dr. Roby signs an affidavit declaring that father had

never completed the sex therapy program that had been recommended and that any filial
therapy program with father and the children could put the children at great risk.
19.

May 2008-March 2011: Mother filed motion to modify custody order to

mandate that father get supervised visits. Mothers legal counsel failed to call Dr. Roby
or Dr. Hyde to testify. The custody evaluator asserted that the 2005 DCFS investigation
substantiated fathers domestic violence against the mother, in the presence of the child,
Brittany. The custody evaluator did not review Dr. Robys Psychosexual Evaluation of
the father. The court ordered custody of the children to the father.
20.

2011-2014: Brittany reports that she, her mother, stepmother, and sisters

have experienced the following treatment at the fathers hands over the years:
a.

As small children he would violently shake, shove, slap, throw, wrench

our skin, pull our hair, jamb his elbow in to our abdomen and knock our heads with
knuckles or thumb and forefinger, etc.
b.

He often picks [baby Step-Sister (A.W.)] up in a very unusual way by

gripping his hands around her upper thighs and carrying her by her upper thighs in to
her room.
c.

We have seen him physically hurt A.W, and have seen many bruises on

her upper thighs. We have been too afraid to take pictures because he always checks
our phone and obsessively controls us in order to find out about every single thing we
do or say.
d.

He takes her screaming into a room, locks the door, and prevents her

mother and everyone else from entering. We have overheard a pattern of her going

from 5 to 10 minutes of intense screaming to, about 15 seconds or more of abrupt

silence, screaming again then silence, which is followed by a long period of crying.
We have often wondered if it is possible for her to be dead during her sudden total
silence after screaming only because we cant think of anything that would cause her
sudden silence. This has happened approximately 2 to 3 times a week beginning from
around the time she was 1 and l years old, which would make it over 200 times.
e.

He has slapped been verbally abusive and constantly been extremely

cruel to our stepmom in front of us on a weekly basis, constantly making her cry.
f.

He has brought up leaving the U S., and we are sure he is planning

another move in the same way that he secretly planned to move us quickly away from
here [Utah]
g.

We have all experienced physical damage through various illnesses and

symptoms of prolonged emotional distress through: varying degrees of shock,

nauseas, severe headaches, bed wetting, nightmares, Celiacs Disease symptoms,
flashbacks, and overwhelming desire for our lives to endat times with an imminent
threat of complete emotional breakdown.
21.

December 27, 2013:

Father abruptly, without giving proper notice to the

mother, moved to Topeka, Kansas taking the children with him.

22.

April 2014: Mother files a motion in district court regarding Fathers

removal of the girls to Kansas without proper notice.

23.

June 2014: Sydney and Danielle visit their mother in Utah for summer

visitation. Brittany takes them to Dr. Hyde, who examines them and executes an affidavit
(later submitted to the Utah County Juvenile Court) stating that based on his interviews

with Sydney and Danielle he did not question the veracity of the petitions
representation of statements attributed to them. Additionally, Dr. Hyde opined that the
girls would be severely emotionally harmed if they were restored to the physical custody
of their father. Dr. Hyde reported to DCFS the need for an investigation to take place on
an emergency basis.
24.

June 26, 2014: Petitioner, Brittany files a petition in Utah County Juvenile

Court for a change of custody of the children, detailing years of verbal, emotional, and
physical abuse by the father against the children.
25.

June 30, 2014: Petitioner, Brittany files an ex parte motion seeking

appointment of a Guardian ad Litem for the children, and for a temporary restraining
order to prevent Brian from picking up the girls and taking them to a family reunion, and
for an expedited hearing on the petition. The court granted the motion, appointed a GAL,
entered the TRO, and sets a hearing for July 11, 2014 at 3:30 p.m.
26.

July 7, 2014: The father, through his lawyer Ron Wilkinson, filed a

motion to vacate the temporary restraining order and dismiss the Guardian ad Litem. The
father argued that Brittany knew father was represented, and that the Juvenile Court
lacked jurisdiction. Father further asserted that he had not been properly served with
process. In his motion, the father did not address any of the substantive allegations in the
application or Dr. Hydes opinions. The Juvenile Court granted the fathers motion,
vacated the restraining order, and dismissed the GAL.
27.

July 9, 2014: The children were informed that the court dismissed the

GAL and vacated the temporary restraining order. The children disappeared for a few
hours. Michelle reported the children as missing. That afternoon, the Court declared that

it will go forward with the hearing scheduled for July 11, 2014. The children returned to
their mothers home.
28.

July 11, 2014: A hearing was conducted before Judge Bartholomew. The

substance of the petition and Dr. Hydes affidavit were not addressed. Judge
Bartholomew reinstated the Guardian ad Litem. The temporary restraining order was not
reinstated. Judge Bartholomew orders the GAL to talk to the girls. A hearing on Petition
for Custody was set for October, 2014.
29.

July 17, 2014: Brittany was driving the children to see the GAL when the

children bolted from the car. Brittany pursues the children on foot, then attempted to find
them in the car. The children have been missing ever since.
30.

August 2014: Michelle Wolferts disappears and has been missing ever

31.

The Following are incidents or facts, based on information and belief,

since.

which support the conclusion that the children are abused and/or neglected:
a.

Physical Abuse: The father would violently shake, shove, slap, throw,

wrench our skin, pull-hair, jamb his elbow in to our abdomen and knock the children
heads with his knuckles or thumb and forefinger, etc.
Additionally, the children have frequently observed the father abuse their
younger step-sister. He often picks [baby Step-Sister (A.W.)] up in a very unusual
way by gripping his hands around her upper thighs and carrying her by her upper
thighs in to her room. The children have witnessed the father physically hurt A.W,
and have seen many bruises on her upper thighs. The children have been too afraid to
take pictures because the father checks their phone messages and pictures. The

children have observed the father take A.W. screaming into a room, lock the door,
and prevents her mother and everyone else from entering. The children have
overheard A.W., while in the room with her father, scream intensely for 5 to 10
minutes and then be abruptly go silent for 15 seconds and then scream and go silent
over and over again. The children report that they were often fearful when she went
silent, that she had died because couldnt think of anything that would cause her
sudden silence. This has happened approximately 2 to 3 times a week beginning from
around the time she was 1 and l years old. The children observed the father slap
and be verbally abusive and extremely cruel to our stepmom in front of us on a
weekly basis, constantly making her cry.
b.

Emotional Abuse, Father Exhibits a Perverse Enjoyment in

Discussing in Detail Intimate Sexual Matters with The Children:

Brittany

reports that in approximately May of 2012, she recalls one of many times the father
seemed to enjoy telling his daughters inappropriate sexual details for his own enjoyment.
Brittany remembers: One day Dad was determined to tell my sisters and me what sex was
like as a married couple. In particular, how his and Angies sex was. Angie was present
in the beginning of the conversation, but left partway through, and thats when my dad
went into further detail. Brittany remembers that he was talking about how good it felt to
have sex with Angie, and that having sex was an enjoyable experience filled with lots of
pleasure. He went on and on. Sydney and Danielle were so uncomfortable that I could see
them physically squirm as he talked. He didnt go into explicit detail about his privates,
but he talked about the pleasure sex brought in a way that made me feel like he was
trying to make us picture him having sex. He wanted us to hear what he was saying and

visualize their sex for disreputable purposes. At one point, he said, What? Dont tell me
you girls dont need to know about this. Because you do. Later, my sisters confided in
me that they felt violated about the discussion hed had with us, and they felt uneasy
about living with my dad who seemed to have a continued desire to make us feel sexual
discomfort.
The fathers problem with lewdness includes an incident in January 2013 when
Brittany was 17 years old. Brian shared his fascination with child pornography to
Brittany one night. But rather than just describing it as something bad that other people
do, he described it in seemingly fascinated words without calling it bad, and described it
using himself and A.W. as examples as he detailed it for her as if he wanted Brittany to
imagine him and his toddler daughter engaging in child pornography. Brittany recalls:
One evening, when I was getting ready to go out with friends, my
dad called me up to his room for a discussion. I assumed he wanted
to ask me what we were going to do, but I was totally unprepared
in every way for the conversation that was about to take place.
When I went upstairs to my dad, he started talking about child
porn, which was really random to me. A ring of people who made
child pornography were busted, right here in Utah Valley.
Wow dad, I said, thats crazy.
Yeah, He responded, And whats crazy is that these people
have made thousands of videos of doing things to children, and
even just in regular homes like ours.. I felt the need to vomit. I
was sickened that he was trying to taint me. His inappropriate
behaviors made me feel impure through no fault of my own. I
prayed to god in my mind to make my dad stop. The feeling in the
room was dark and heavy, and it was emulating from my dad.
Dad, stop. I said with as much strength as I could. He seemed
pleased with the amount of pain hed caused me, and the
inappropriate sexual acts that hed forced into my mind without
actually showing me porn on a screen. I wondered why he had
such a desire to talk to me about this, and I wondered why he
seemed so interested in child pornography or how he knew so

much.
During the summer of 2014, Dr. Hyde, who examined the children and executed
an affidavit (later submitted to the Utah County Juvenile Court) stating that based on his
interviews with Sydney and Danielle he did not question the veracity of the petitions
representation of statements attributed to them. Additionally, Dr. Hyde opined that the
girls would be severely emotionally harmed if they were restored to the physical custody
of their father. Dr. Hyde reported to DCFS the need for an investigation to take place on
an emergency basis.
32.

Continuation in the home of the father is contrary to the welfare of the

children. Placement of custody and guardianship of the children with the Petitioners is
appropriate and necessary and in the childrens best interest, pursuant to Utah Code
Annotated 78A-6-302(1).
33.

Based on the foregoing, the children are abused and/or neglected within

the meaning of Utah Code Ann. 78A-6-105 (2010) in that the children have been
subjected to non-accidental or threatened harm, or in that the children lack proper
parental care by reason of the fault or habits of the parents.
34.

Pursuant to Utah Code Ann. 78A-6-1106 (10) (2010), the mother and the

father, or any other person who may be obligated, shall support the minor children and
pay other expenses of the minor children while the children remain in the Custody and
Guardianship of the Petitioners, consistent with the guidelines established by the Office
of Recovery Services.
35.

It is in the best interest of the child that the Court award Permanent

Custody and Guardianship of the child to the Petitioners.

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WHEREFORE PETITIONERS prays for an order:

1.

Determining that the children are abused and/or neglected children within the

meaning of Utah Code Ann. 78A-6-105(2010).

2.

Determining this court has original and exclusive jurisdiction over the children

and the subject matter of this Petition, pursuant to Utah Code Ann. 78A-6103(1)(c)(2010).
3.

Determining that placement of the children with Petitioners is appropriate and

necessary and in the childrens best interest.

4.

Awarding Permanent Custody and Guardianship of the children to Petitioners.

5.

Ordering that each parent meet with the Office of Recovery Services to determine

an appropriate amount of support while the children are in Custody of Petitioners.

6.

Granting reasonable visitation between the parents and the children.

7.

Appointing a Guardian ad Litem to represent the best interests of the children,

pursuant to Utah Code Ann. 78A-6-317 (4) (2008).

8.

Awarding such other relief as the Court deems just and equitable.

DATED THIS 2nd day of November, 2014

/s/ Trent V. Cahill
Attorney for Petitioners

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