Custody evaluator Harold Blakelock states in his Feb 2010 Custody Report that Brian admitted to "a history of sexual contact with a child" and that the ethical standards of the Association for the Treatment of Sex Abusers (Section 12.03 Ethical Standards) clearly states anyone with such a history should have supervised visits with children. But he recommends custody be given to Brian anyway.
- 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.
- He often picks [Abby] 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.
- We have seen him physically hurt her, and have seen many bruises on her upper thighs. W e 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.
- When he takes her screaming into the 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 can’t 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 ½ years old, which would make it over 200 times.
- 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.
- During the approximate three months that he started constantly telling us in-depth details about Josh Powell he would obsessively describe disturbing details about the way Josh Powell’s mind worked, tell us in great detail about how Josh Powell thought, and give us many painstaking details about all the various kinds of tactics Josh Powell used. This was extremely uncomfortable for us because he was near precisely describing himself and the ways that he acted and thought.
- He often performs an abusive or negative act, immediately claims that others have performed his acts, then pretends that he is being grievously victimized by those very people he has acted upon. He has convinced many people through this pretend victim acting.
- 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]
- 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, Celiac’s Disease symptoms, flashbacks, and overwhelming desire for our lives to end—at times with an imminent threat of complete emotional breakdown.
July 28, 2014: The court, responding to a motion from Brittany's pro bono attorney for written findings of fact and conclusions of law relating to the July 11 hearing, enters a decision regarding Brittany's motion because Brian's attorney had failed to submit a proposed order in the 17 days since the hearing had occurred. Judge Bartholomew says that there will be no hearing until after Brian is properly served but makes no mention of any requirement that Michelle be served.
September 2, 2014: Utah County District Court holds hearing on motion of Michelle’s counsel to withdraw as counsel due to health issues and lapsed bar membership (to which Brian objected). The court allows withdrawal of counsel. Two days later, the court strikes Michelle’s pleadings.
October 15, 2014: The court denies Brittany's motion to enlarge time for service, AND FOR THE FIRST TIME, says that Michelle also has to be served by October 24 or the Court will dismiss the petition.
October 16, 2014: Brian is properly served personally the original petition and summons, within the deadline.
October 24, 2014: Brittany's lawyer files a motion to serve Michelle by publication.
October 29, 2014: Brian's lawyer files a motion to dismiss because Michelle did not get served. The motion to dismiss does not address any of the substantive claims made in the petition.
November 2, 2014: Brittany's lawyer files an amended petition.
November 5, 2014: Judge Bartholomew, before the time for filing a response is passed, dismisses the case without prejudice because Michelle was not served.
The rules of civil procedure in Utah provide that an action will not be dismissed if at least one defendant has been served, the case should not be dismissed but should proceed against the defendant who was properly and timely served. Brittany may have grounds for a motion to reconsider or an appeal. I understand she is looking at all her options. But the bottom line is this: Michelle should not have had to be served. The requirement that she be served was imposed by the court after she went missing and on the eve of the expiration of the 120 days. The same court that said Brittany was acting as a proxy for her mother dismissed her case for not serving her mother. Ridiculous. Brian used the system-imposed Catch-22 on Brittany to prevent his daughters from being heard and to get their guardian ad litem dismissed. He still has not responded to, and no court has ever ruled on, the substance of the allegations in the original or amended petitions. He has simply maneuvered to make sure his girls remain in hiding where he does not have to face the truths they surely would tell if given the opportunity.
November 20, 2014: Brittany's lawyer files a Notice of Appeal.
December 5, 2014: Brittany's lawyer files a Petition on Appeal with the Utah Court of Appeals seeking reversal of Judge Bartholomew's order dismissing her case.
December 18, 2014: Brian's lawyer files a motion to dismiss Brittany's appeal, arguing that Judge Bartholomew screwed up by not using the magic words "This is a final order. No other action is necessary" when he said he was dismissing the entire action and terminating his own jurisdiction over the case.
January 3, 2016: Sydney, Dani and Michelle were found at approx. 3 a.m. in Pleasant Grove, Utah and taken into police custody. Sydney and Dani were separated and interviewed at the Orem Police Department and threatened to be sent straight back to Kansas. They ended up at Slate Canyon Youth Detention Center in Provo, where they have been residing since. Michelle was taken to the Spanish Fork Prison and bailed shortly after.
January 28, 2016: Brittany criminally files against Brian in the Pleasant Grove Police Department for abuse that occurred between 2010-2013 both while she lived in his Pleasant Grove residence and before they moved to Kansas (6 months after she moved out).
February 17, 2016: The Utah County Attorney Criminal Division responds with their Prosecution Screening Denial.
February 27, 2016: Record of Petition Service is received, showing official service of the Petition on Brian Wolferts.
March 3, 2016: Brian's lawyer files a Motion in Limine to keep Sydney and Danielle from testifying in court.