Montana Parents Who Lose Custody of 14-Year-Old Daughter for Opposing Gender Transition Say Government Took Their Child to Canada Without a Warrant
Todd and Krista Kolstad of Glasgow, Montana, filed a lawsuit against the Department of Public Health and Human Services (DPHHS), accusing it of egregious civil rights violations.
The couple asserted that their 14-year-old daughter was unlawfully removed from their custody and sent to Canada by her biological mother without due process or a warrant.
The lawsuit, filed in Billings, targets DPHHS social workers Cyndi Baillargeon and Crystal Whitmore, accusing them of seizing their daughter unlawfully—without due process or a warrant.
The couple contended that state workers violated the law by removing the child from their custody without obtaining a judge-signed warrant.
Daily Montanan reported:
Court documents filed Monday also allege that the Kolstads had been supportive of finding a hospital bed for H.K., in Montana, and believed the teen would be taken to Billings Clinic. However, they said with little notice, the state switched plans, sending H.K., to a psychiatric treatment center in Casper and then forbade contact. The Kolstads also maintain that both the in-patient Wyoming hospital and the youth group home in Billings allowed their child to be addressed by a male name, allowed male clothing and toiletries as well as provided chest binders — all things to which they objected.
Attorney Matthew Monforton, who represents the Kolstads, argues in court filings that the child was “not in any danger of serious bodily harm when CPS seized her.” Moreover, according to the doctor’s notes in the court documents, H.K. was “not an active threat” of suicide or harm when moved to Wyoming.
However, the lawsuit argued that CPS workers falsely testified in an affidavit that the teenager faced “an imminent risk of physical harm.” Monforton said that Child Protective Services was also silent about the Kolstads’ deeply held religious beliefs.
“This omission was material because, under Montana law, a finding of child neglect cannot occur ‘for the sole reason that a parent or legal guardian, because of religious beliefs, does not provide adequate health care for a child,’” the court documents said.
The Kolstads also claimed in the court filing that they were told by Child Protective Services that they would not regain custody “of their daughter unless they accepted her transgenderism.”
This legal battle comes to light following initial reports by The Gateway Pundit earlier this year, which brought national attention to the Kolstad family’s plight.
Todd and Krista Kolstad have been embroiled in a legal and emotional struggle for their 14-year-old daughter Jennifer, who now wishes to be called “Leo” and use male pronouns after Montana CPS took the drastic action that is tantamount to “kidnapping.”
In August 2023, police informed the Kolstads of a text message from their daughter claiming she was suicidal. They were notified by police that their daughter had allegedly ingested drain cleaner and taken an overdose of ibuprofen.
The hospital found no evidence of drain cleaner and ibuprofen, which was later confirmed by a negative toxicology report. Despite this, Jennifer was admitted for observation.
A hospital aide discussed “top surgery” (elective double mastectomy) with Jennifer, leading to a complaint from Krista Kolstad.
Montana CPS and hospital staff consistently dismissed the Kolstads’ concerns and authority as parents. Despite their willingness to provide mental health care for their daughter, Jennifer was eventually transported to Wyoming for treatment of her sudden onset “gender dysphoria.”
Following her transport to Wyoming, the Kolstad’s daughter was subjected to social transition measures like chest binding and is now under consultation for birth control to halt her menses, actions that align with a model criticized as a fast track from social to medical transition.
The Montana Child and Family Services (CFS) petitioned the court to fully revoke their custody of Jennifer and arrange for her transfer to her biological mother in Canada, who has been an absent parent for the past seven years.
Krista has been in her daughter’s life since she was about seven years old when she married Todd in 2017. Jennifer now lives with her biological mother in Canada.
On January 19, 2024, a judge completely revoked the Kolstads’ custody rights for refusing to support their child’s transition, further instructing them to remove an online video detailing their plight.
Todd and Krista were placed under a gag order with the threat of contempt of court for even speaking.
The Kolstad defied the court order, reposted the video, and communicated with the media, driven by worries about their family’s situation. Although a contempt of court hearing was scheduled for January 29, the Kolstads requested a postponement so they could travel out of state and care for a gravely sick relative in Ohio, according to Reduxx.
The attorney for the Kolstad family submitted a legal filing to the Montana Supreme Court to remove the gag order placed on them and to avoid their detention.
While the Kolstads are presently in Ohio tending to an ill relative, they have been informed that they face arrest upon their return to Montana, seemingly as retribution for their public criticism of the state’s Child and Family Services Division.
In February 2024, Valley County Attorney Dylan Jensen filed a motion to dismiss the contentious case involving the state of Montana and the Kolstad family. The legal maneuver comes after weeks of intense media scrutiny and public pressure.
Valley County Attorney Dylan Jensen argues for the termination of the state’s involvement, suggesting that the daughter’s improved mental health condition—deemed “not suicidal” after a mere 12 days with her mother in Canada—renders further legal wrangling unnecessary.
Mattie Watkins, the family’s representative, told The Gateway Pundit:
In a February 16th court motion, Valley County Attorney Dylan Jensen confirms what the Kolstads have been saying for nearly a month – the state of Montana sent their sex-confused daughter to Canada to punish her father for a civil lawsuit.
The motion asks the judge to leave Ms. Kolstad with her mother in Canada and dismiss the case, ending the state’s involvement. His motion is brought on by an apparent miracle. After just 12 days with her mother in Canada, Ms. Kolstad was deemed “not suicidal.” He’s also sure that, if the judge grants his motion, “all other extraneous matters, which are numerous and chaotic, would be rendered moot.”
He’s referring to his own unsubstantiated allegations that Todd Kolstad is an abusive alcoholic, including in a February 9th treatment plan insisting he complete alcohol counseling, as well as anger management and parenting classes, to earn supervised online visits with his daughter. Governor Gianforte’s office also suggested abuse was the sole reason for the state’s involvement. It seems the miracle took care of those concerns, too. Poof!
Regarding the girl’s “gender identity,” he says “Currently, as it stands, the Department is involved with a divided family, who disagree in how to address the Youth`s statements about her gender identity. The Youth`s gender identity has not, and is not, of any concern to the Department. The Department was only involved because the Youth was deemed to be acutely suicidal and in need of care she was not receiving.”
This blatant lie relies on the media not looking at the official documents (available on request) Jensen used to justify taking her from her parents and sending her to Canada. The state was entirely focused on her “gender identity,” as were the doctors. The parents’ non-affirmation is repeatedly blamed for exacerbating the girl’s mental distress (i.e. her suicidality).
He omits that hospital staff immediately socially transitioned the girl against her parents wishes. He omits that the Kolstads agreed to care anywhere in Montana and only objected to the Wyoming facility out of fear she’d be further transitioned. He omits that she was given men’s products and a chest binder (a medical device) while in the state’s care and the fact he made acceptance of her “gender identity” a condition for full reunification in Montana on January 26th.
From the CFS case worker on August 24, 2023: “Birthfather and Stepmother stated that they love [their daughter] and want her to get help but was [sic] unwilling to allow her to go to Wyoming due to the laws regarding transgender minors.”
Jensen says there is no evidence that the mother he placed the child with is abusive despite having included allegations against her in his August 24th order and despite documents that prove was provided evidence as part of an October 18, 2023 DPHSS family functioning assessment. Specifically CFS was given a counseling report outlining allegations of physical, emotional and sexual abuse made by the girl and her sister against their birth mother.
Jensen admits Todd Kolstad is being targeted over a civil lawsuit filed following a violent arrest at his home in December 2021. Named in the suit are the City of Glasgow, members of the Glasgow police (including one on leave pending criminal investigation) and members of the prosecution team, including Jensen. They are not the only ones suing these parties.
“The youth’s parents may continue to engage in custodial disputes regarding the Youth. They may argue about how her mental health is addressed. But it is not the place of the Department to remain involved to try and prevent those disputes [from] occurring, nor to act as an ally against the Youth’s father.”
Governor Gianforte, Jensen, Montana CFS and the City of Glasgow thought they would get away with destroying the Kolstad family and sending their daughter to Canada where she continues to “transition” against her parents’ wishes. They didn’t expect the parents to violate a gag order meant to silence them. And certainly not that their story would go internationally viral…
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