March 6 2019 Order To Keep My Children

STATE OF INDIANA ) IN THE LAKE SUPERIOR COURT
) SS:
COUNTY OF LAKE ) SITTING IN GARY, INDIANA
IN RE THE MARRIAGE OF: )

NOREEN CONNOLLY WELLWERTS, )
Petitioner/Wife, )
and ) Cause No.: 45D03-1611-DR-00612
ANDREW R. WELLWERTS, )
Respondent/Father. )
ORDER OF MARCH 6, 2019
This matter was set for an Emergency Hearing on March 6, 2019 on Husband’s Verified
Motion for Emergency Custody, Restricted Parenting Time, and Motion to Reopen Evidence and
Wife’s Emergency Motion for Change of Address and Contempt for Withholding Children.
Husband, Andrew Wellwerts, appeared in person and by Counsel, Mindy J. Heidel and Wife,
Noreen Connolly Wellwerts, appeared in person as a Pro Se Litigant. After hearing the
testimony and the evidence, the Court now orders as follows:
1. Immediately prior to the Hearing the Court received a phone call from Wife’s
Criminal Attorney, Scott King. Wife was afforded the opportunity to speak privately to Mr.
King on the phone.
2. After Wife’s phone call, the Hearing began and Wife immediately requested a
continuance. The Court hereby denies Wife’s continuance and finds that an emergency exists
necessitating an immediate Hearing. Wife notifies the Court that she was advised not to testify,
and Wife declines to testify concerning the fire.
3. The Court finds that an emergency exists due to the fact:
A. That Wife’s residence burned down on March 2, 2019.
B. The circumstances of the fire are under investigation.

In Re The Marriage of Noreen Connolly Wellwerts and Andrew R. Wellwerts
Cause No.: 45D03-1611-DR-00612
Order of March 6, 2019
C. Wife does not have a permanent residence.
D. Wife had previously made comments concerning her desire to burn down the
home.
4. The Court finds that custody should be temporarily modified and parenting time
restricted until such time as additional evidence concerning the fire and Wife’s residence are
presented.
5. Husband shall have temporary physical custody of the minor children, Angelina
and Julianna Wellwerts. Wife shall have parenting time as agreed for three (3) hours in duration
to be exercised in a public place agreed upon by the parties. If the parties are unable to agree on
a place, the parenting time shall occur at the Southlake Mall in Hobart, Indiana. The days of the
week shall be agreed upon by the parties.
6. The Court finds that each party has received a partial settlement for the fire in the
amount of $2,000.00 each. Each party shall cooperate to endorse both checks. Wife may use her
check for her own personal needs. Husband shall use his funds to replace the children’s clothing
and other property and shall maintain an accounting on how this money is spent.
7. The Court had previously reopened evidence for the limited purpose of addressing
issues surrounding the possible loss of liquor license. The parties informed the Court that the
liquor license was renewed earlier in the day on March 6, 2019. As such the need to file a report
with the Court has ceased and the prior Order directing the parties to file a status update is
vacated.
8. The Court now reopens evidence on custody, parenting time and property issues
as the same may be affected by the fire only.
2
In Re The Marriage of Noreen Connolly Wellwerts and Andrew R. Wellwerts
Cause No.: 45D03-1611-DR-00612
Order of March 6, 2019
9. In the event that the parties receive a check for the burned out vehicle, said check
shall be turned over to Wife for the purchase of a replacement vehicle.
10. The parties stipulate and agree that Wife can obtain her own cell phone and shall
be allowed to put her current cell phone number to a new plan which she shall obtain in her own
name. Wife shall be responsible for the costs of the same.
11. The Court’s Order with respect to property, is without prejudice, with respect to
the final division of property.
APPROVED AS TO FORM:
___________________________________ _____________________________________
Noreen Connolly Wellwerts, Wife, Pro Se Mindy J. Heidel, #26838-46
Rubino, Ruman, Crosmer & Polen
275 Joliet St., Ste. 330
Dyer, IN 46311
(219) 322-8222
Attorney for Husband, Andrew R. Wellwerts
ALL OF WHICH IS SO ORDERED AND APPROVED this _____ day of
__________________, 2019.
______________________________________
Judge, Lake Superior Court

March 6 2019 Order To Keep My Children

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

March 6 2019 Order To Keep My Children

Uploaded by

Copyright:

Available Formats

STATE OF INDIANA ) IN THE LAKE SUPERIOR COURT

IN RE THE MARRIAGE OF: )

ORDER OF MARCH 6, 2019

testimony and the evidence, the Court now orders as follows:

King on the phone.

and Wife declines to testify concerning the fire.

3. The Court finds that an emergency exists due to the fact:

A. That Wife’s residence burned down on March 2, 2019.

B. The circumstances of the fire are under investigation.

C. Wife does not have a permanent residence.

week shall be agreed upon by the parties.

as the same may be affected by the fire only.

shall be turned over to Wife for the purchase of a replacement vehicle.

name. Wife shall be responsible for the costs of the same.

the final division of property.

ALL OF WHICH IS SO ORDERED AND APPROVED this _____ day of

You might also like