Child custody case wends way to trial

One of the two Cloquet women who had children taken from their custody in January appears ready to take her case to trial. Nicole Ammesmaki had what is called an admit/deny hearing Tuesday and her attorney stated that her client denies the court’s reasoning for taking her five children out of her home.

The hearing also served to clear up questions Carlton County Sixth District judge Rebekka Stumme had regarding the complicated case.

Ammesmaki, who by all accounts has cooperated fully with steps required to regain custody, also faces criminal charges that were filed in March by the county attorney’s office. She was charged with three counts of malicious punishment of a child. The custody and criminal cases are separate, and the county maintains that the goal in such cases remains to unite families after it can be determined children are safe.

Three of Ammesmaki’s oldest children have indicated that they would like to return home. Her two youngest children do not want to return. Records show that the criminal charges stem from the treatment of those younger children.

Judge Stumme ordered Tuesday that a trial home visit can be allowed under strict supervision with a plan in place and agreed upon by social workers and the guardian ad litem assigned to the children. Previous parent-child visits have been at a neutral site under close supervision.

There remain issues regarding how much background information on Ammesmaki has been provided to therapists who are trying to assess her fitness for parenting. Stumme took under advisement the idea of a new evaluation of Ammesmaki. Arguments will be taken by the judge until April 26. She set a pre-trial hearing for Ammesmaki on May 31.

The three oldest children, ages 11, 13, and 15, have been determined to not be enrolled members of a tribal nation, meaning they are not subject to Indian Child Welfare Act strictures. The younger children do fall under ICWA guidelines.

The Fond du Lac Band has been involved in the cases from the start but its representative on Tuesday said they had no opinion on whether the three older children return to the home and deferred to the guardian ad litem and county officials. Claire Klein, an attorney in the county attorney’s office, said Ammesmaki has been “incredibly cooperative” and said she thought the children were ready to return home. Guardian ad litem Melinda Nelms was more cautious, urging more therapy and perhaps only looser restrictions on visitations for now.

The judge, who said Nelms was the most unbiased party in the case, took her comments into account in allowing for the home visits.

Nelms said all of Nicole Ammesaki’s children are doing well and receiving therapy. She said there is some tension between the older children and younger children and care will be taken to resolve conflicts and not force visitations among them if not welcomed.

There is an attorney for the petitioner in the case, a relative of the children. The children are also represented, as well as Ammesmaki, the county, and the band.

At the hearing Tuesday, an attorney for the biological mother of some of the children was also in on the online proceedings. He said the mother hasn’t seen her children in a decade but has turned her life around and is posing the idea of seeing them again.

Representatives for the children urged caution in introducing the biological mother as the children continue to go through therapy after allegations were aired on social media last year regarding their treatment in the homes of Nicole and Dawn Ammesmaki, who are sisters with five children each.

The biological mother voluntarily gave up custody of her children. All of the children in the Ammesmaki homes are legally adopted by the women.

All parties in the Nicole Ammesmaki custody case, like those involved in Dawn Ammesmaki’s case, have agreed and will follow the recommendation of Judge Stumme that they meet and continue to mediate through the issues in the case.