Review of joint custody since january 2009(4)

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Review of joint custody since january 2009(4)

  1. 1. Review of Joint Custody Malenko-Handrahan January 2009-November 2010 Cover Sheet/IndexOriginal Divorce Schedule…………………………………………………….4The Divorce Judgment Schedule provided Mr. Malenko with visitson Mon-Wed-Friday from 9-4. Apparently, Judge Moskowitzmisunderstood the GAL’s request and provided Mr. Malenko witha schedule during his work day. Dr. Handrahan immediatelyagreed to the schedule Mr. Malenko requested. If she has stayedwith the court times Mr. Malenko would have had only three hoursper week with Mila. Instead he enjoyed 18 hours per week.Visitations & Exchanges………………………………………………………. 5Compliance with Visitation………………………………………………………………….. 3Since January of 2009 there have been an approximately 142 visitsof which Dr. Handrahan has missed six due to Milas sickness orweather for which make-up time was provided.Transitions…………………………………………………………………………………….. 7The transitions have been needlessly stressful due to Mr. Malenkoand Mr. Waxman threats, surveillance and false accusations. Everytransfer provided Mr. Malenko and Mr. Waxman with anopportunity to criticize, harass and monitor Dr. Handrahan. Dr.Handrahan is told she will be and was video recorded, she wasunder-dressing Mila, and that she can’t do the transfer properly.Financial Responsibility ……………………………………………………….. ..5Dr. Handrahan lost her Sr. Policy Advisor position with CARE,earning $88,000 in July because neither the court nor Mr. Malenkowould let her to relocate resulting in Mila’s future being seriouslycompromised. 1
  2. 2. Relocation………………………………………………………………………. ...8Maine currently has one of the highest unemployment rates in thecountry near 10%. People cannot find jobs bagging groceries. Dr.Handrahan’s specialized work does not exist in Maine. She needsto be allowed to earn a living to support Mila.Child Support……………………………………………………………………. 9Mr. Malenko earns about $23,000. He stopped paying his requiredchild support in June. He all but ignored a previous incomewithhold order signed by Judge Kennedy. He currently owesthousands in back support. Unemployed and bankrupt by Mr.Waxman’s scored earth litigation, Dr. Handrahan finally turnedover the two income withholding orders to DHHS in November.Support is now being enforced over Mr. Waxman’s strongestobjections.Child Care………………………………………………………………………..11Mr. Malenko had visitation with Mila only once during his workweek. Mr. Malenko was unable to find child care for Mila andgave notice to Dr. Handrahan hours before her work day. Mila hadrecently been removed from her day care, where she had been forover a year, due to Mr. Malenko and Mr. Waxman intimidation ofMila’s child care providers, including threatening a Health andHuman Services investigation.Mila’s Schooling, Extra-Curricula Activities & Co-Parenting………………13Mr. Malenko has not contributed to any of the costs for Mila’sschool or extra-curricula activities. More concerning he has aconsistent pattern of opposing any extra curricula activities that Dr.Handrahan enrolls Mila in. Nonetheless, Dr. Handrahan has keptMr. Malenko updates on Mila’s life.Contempt of Court, Demands for Sole Custody, etc…………………………17Mr. Malenko and/or Mr. Waxman have threatened Dr. Handrahancontempt of court stripping her of parental rights and sole custodycountless times.Dr. Kabacoff…………………………………………………………………….20 2
  3. 3. Mr. Waxman has waged a very effective war of characterdefamation against Dr. Handrahan, calling her again and againinsane, mentally ill, very sick, emotional fragile, emotionalunstable etc. Conveniently Mr. Waxman has been able to engageDr. Kabacoff to support Mr. Waxman’s character defamationcampaign. Dr. Kabacoff is under investigation with the AG’sBoard of Licensure for her role in this case.Mr. Waxman’s Contact with Mila…………………………………………….22Dr. Handrahan requested court protection for herself and herdaughter when her daughter told her that she was spendingovernights and weekends with Mr. Waxman and his family andMila asked her mother “why did Michael say he loves me? Thiswas confirmed by Mr. Malenko.Mila’s Disclosure of Sex Abuse………………….................................................24Spurwink has strongly recommended supervised custody only.Mr. Waxman’s Attempts to Influence & Gain ConfidentialInformation………………………………………………………………………25According to Maine Stalking law "Course of conduct" alsoincludes, but is not limited to, threats implied by conduct andgaining unauthorized access to personal, medical, financial orother identifying or confidential information. [2007, c. 685, §1(AMD).] Mr. Waxman has attempted repeatedly to improperlyinfluence to gain confidential information about Dr. Handrahan.Mr. Waxman/Malenko Motions in 2009......…………………………...……….26Mr. Malenko and/or his lawyer Mr. Waxman have waged anincessant war since they received joint custody in January, filingmotion after motion. Judge Kennedy prevented Mr. Waxman fromduring this when she was managing the case. Judge Moskowitz hasallowed this. For example, in one period of seven weeks alone, Mr.Waxman filed nine motions including five Emergency Motionsand one Contempt of Court; all asking for sole custody.Original Divorce Schedule 3
  4. 4. 1. The Divorce Judgment Schedule issued in January 2009 provided Mr. Malenko with visits on Mon-Wed-Friday from 9-4. Apparently, Judge Moskowitz misunderstood the GAL’s request for best times for Mr. Malenko and thought Mr. Malenko was still working night shifts. As a result the court provided Mr. Malenko with a visitation schedule almost entirely during his work day. If Dr. Handrahan stayed with the schedule issued by this court Mr. Malenko would have had only three hours per week with Mila as Mr. Malenko worked from 6:00 am-3:00 pm.2. Dr. Handrahan immediately offered Mr. Malenko his preferred schedule, giving him all day Sunday and every other evening from 4-7, in an attempt to demonstrate cooperative co-parenting. This schedule favored Mr. Malenko’s work and evening class schedule. Dr. Handrahan could have complied with the court schedule from the start.3. Once Dr. Handrahan offered this very generous schedule, entirely around Mr. Malenko’s needs, Mr. Waxman and Mr. Malenko immediately started threatening Contempt of Court. Mr. Waxman’s Contempt of Courts threats were so many that Dr. Handrahan was forced to return to the Divorce Judgment schedule to protect herself from false accusations. At which point Mr. Waxman and Mr. Malenko were then outraged that Dr. Handrahan was not “allowing” contact with Mila.4. Mr. Malenko never returned her generosity or showed any flexibility. Neither Mr. Malenko nor Judge Moskowitz allowed Dr. Handrahan to alter the schedule for a period of only three days which would have enabled Dr. Handrahan to travel with Mila for work. Mr. Malenko refused to allow Dr. Handrahan to move to Washington DC which she needed to do to keep her employment.• “Igor is entitled to 21 hours of visitation with his child every week. If she refuses to accommodate the Divorce Judgment then I shall have no choice but to file a Motion to Enforce or a Motion for Contempt and I can assure you that I shall have my attorney fees paid by your client at that point.”---- 28 January 2009 email by Mr. Waxman to Mr. Altshuler.• “I have not threatened you with going to court but explained that if it would be difficult for me to be with Mila at least for the time the court decided we can be together I would have to. I would love to reach agreement and start co-parenting properly.” 28 January 2009 email from Mr. Malenko to Dr. Handrahan.• “Mike: you and I are not going to agree on who has or has not been flexible. All I know is that I have a ton of emails form you threatening and criticizing Lori and, now, two more motions reiterating the same allegations.” ---5 May 2009 Email from Ken Altshuler to Mr. Waxman. 4
  5. 5. • “I think we need to get out of the court system… consider having Dana Cleaves appointed.” ---11 May 2009 email from Ken Altshuler to Mr. Waxman. • “You keep threatening contempt. You wanted your cake and eat it too. You wanted the altered schedule but you insisted on three more hours. Then you wanted to change the two week days to two different week days. Always what YOU want. Always what is convenient for Igor. All the time saying how Lori doesn’t co-parent, Lori is selfish, etc.” --- 13 May 2009 email from Ken Altshuler to Mr. Waxman. • “Travel: As you know I filed a Motion before the divorce trial to be sure that travel with Mila was restricted…..Our concern is that now that Lori will have Mila for the entire weekend she would have the opportunity to travel.” 13 May 2009 email from Mr. Waxman to Mr. Altshuler. • “Let me remind you that we were content to continue the schedule we established in January. It was you who insisted on increasing the contact by three hours and changing the weekdays. And it was you who constantly threatened Lori with a motion for contempt.” --- 9 June 2009 Email from Ken Altshuler to Mr. Waxman. • “Ken we have enough motions in this file to choke a horse and I really have no interest in filing a contempt motion but obviously I’ll do that if I have toe. Parental alienation will not inure to Lori’s benefit when our motion to modify is finally heard.” 29 June 2009 email from Mr. Waxman to Ken Altshuler.Visitations & ExchangesCompliance with Visitation 1. Since January of 2009 there have been an approximately 110 visits of which Dr. Handrahan has missed four. Prior to the Judgment Mr. Malenko was on supervised visitation for eight month. Dr. Handrahan paid, entirely at $150 per week, for these supervised visits and compiled fully with the schedule including daily phone calls for Mila with her father. Since October Dr. Handrahan has driven 3-4 hours each way from Sorrento to South Portland. Mr. Malenko has not been required by the court, nor has he offered himself, to do half of the driving. 2. Dr. Handrahan has missed four visits due to herself or Mila being sick and once for a car problem. Make-up time was always provided. Dr. Handrahan has never been late for one visit. Mr. Malenko has been routinely late for visits, including half an hour late when he need only go less than half a mile and Dr. Handrahan travels from Sorrento. 3. Each time a visit needed to be rescheduled Mr. Malenko reacted with anger and threats of Contempt of Court and filed motions with the court. 5
  6. 6. 4. Dr. Handrahan has demonstrated a year long record of compliance. There is no reason to think she would not comply should she be allowed to relocate with Mila out of state. Indeed, the current visitation schedule is what Dr. Handrahan was literally begging Mr. Malenko for earlier in 2009 in order to preserve her employment.• “Igor here is the situation. Mila is sick. She is asleep. I have spent from 11:00 to noon or so with her in the carrier, singing and helping her to go to sleep because she is tired, cranky, and sick. You are asking me to honor your “right” for a visit today over what is best for Mila. I have not blocked one visit in 6 months. I am not “blocking” one now. You are, at this very moment, saying if I do not go into her bedroom, wake her up and bring her to you, you are filing contempt against me? …. This is your ultimatum? I can go wake Mila up when she is sick and bring her to you or have contempt of court filed against me?” ---29 June 2009 email from Dr. Handrahan to Mr. Malenko.• “Igor we are Downeast and the care needs a new part for the real axel. It should be fixed before Wed as they have the part in stock but I won’t be back for today’s visit. Can we add today’s visit onto either Wed or Friday?” ---10 August 2009 email from Dr. Handrahan to Mr. Malenko. “LIAR! She can’t help herself! One after another lie. Can we have Beth Angle or someone else drive there and make pictures of them” ---10 August 2009 email from Mr. Malenko about Dr. Handrahan that he sent to her by mistake.• “Bill…let me be clear with you if she does not bring Mila down here tomorrow for visitation we shall file a Motion for a hearing… Moskowitz will do one of two things: 1) simply grant Igor PR status, perhaps even granting him Sole Rights and Responsibilities or 2) order her to relocate back here to South Portland.” 3 December 2009 email from Mr. Waxman to Bill Harwood. Mila had cut the tip of her thumb off at school resulting in an emergency room visit because the wound wouldn’t stop bleeding as it was a large chunk of her thumb. I had asked to skip the visit this weekend or delay as a result. 6
  7. 7. Transitions 1. The transitions have been needlessly stressful due to Mr. Malenko and Mr. Waxman threats, surveillance and false accusations. Every transfer provided Mr. Malenko and Mr. Waxman with an opportunity to criticize, harass and monitor Dr. Handrahan. Please see repeated emails where Dr. Handrahan is told she will be and was video recorded, she was under-dressing Mila, and that she can’t do the transfer properly. • “my client will have his camera with him on exchanges and if your client fails to dress Mila properly, he will digitally record the image. Additionally, it may be necessary for him to take pictures of the bag that Ms. Handrahan packs for Mr. Malenko to make sure that it is properly packed” 25 March 2009 email from Mr. Waxman to Ken Altshuler • “My wife, Emily, and I shall be at the South Portland Community Center tomorrow to witness the hand off.” Mr. Waxman’s email to Ken Altshuler 5 February 2009. • The camera was on the whole time. He and his vehile are recorded. In addition I always have a voice recorder on… I will call the police. You are not going to intidate me or Mila anymore. That time is over. Just remember-the camera is on, the voice recorder is on. You and your bullies can find other people to play your crazy games.” 1 November 2009 email from Mr. Malenko to Dr. Handrahan. Bold is Mr. Malenko’s. • “Now this: …regardless of how unhelpful you are, I will make sure she is dressed worm [then a long list of specific clothing items Mr. Malenko wants transferred everytime] stop using Mila and her well-being as a way to upset me. If I have to I will get the DHHS involved and everyone else that can help to make sure you do what is good for Mila.” 18 October 2009 email from Mr. Malenko to Dr. Handrahan. • “You are continuing to bring Mila in unsuitable clothing like PJ’s” 1 November 2009 email from Mr. Malenko to Dr. Handrahan. Dr. Handrahan drove early Saturday morning from Sorrento to S. Portland. Dr. Handrahan transferred Mila from bed to car in her PJ’s as she was asleep and she slept most of the trip. • “You also brought Mila again without underwear (only tights on) which could cause her irritation, especially after 5 hours in the car.” 23 November 2009 email from Mr. Makenko to Dr. Handrahan. • “If something happens to Mila because you put the tricyle there, I will hold you responsible.” 1 November 2009 email from Mr. Malenko to Dr. Handrahan. Bold is Mr. Malenko’s. 7
  8. 8. • “This Sunday at 1:00 is ok. I am aware of your bad night vision.” 6 November 2009 email from Mr. Malenko to Dr. Handrahan after Dr. Handrahan had requested the 1:00 pick up. “I have though about the request for Sunday again and reconsidered my answer. I also consulted with Michael and he gave me legal advice.” 7 November 2009 email from Mr. Malenko to Dr. Handrahan. • “IF YOU ARE NOT ABLE TO DRIVE MILA SAFE TO SORRENTO, THEN DO NOT DO THIS!!! If you choose to do this while it is unsafe for Mila YOU will be responsible for any consequences!!! Stay here and drive tomorrow!!! You have a house here and no reason to take risks and drive Mila when you can’t see and drive safely!” 8 November 2009 email from Mr. Malenko to Dr. Handrahan. Mr. Malenko’s response when Dr. Handrahan requested a 1:00 pick up time for Mila on Sunday rather than 4:00- copy as written by Mr. Malenko with bolds, caps, etc.Financial Responsibility 1. Dr. Handrahan lost her Sr. Policy Advisor position with CARE, earning $88,000 [she was also able to work from home with CARE which allowed a very flexible schedule enabling her to spend time with her daughter], in July because neither the courts nor Mr. Malenko would let her relocate. Please see attached letters and Divorce Judgment prohibiting Dr. Handrahan’s relocation. 2. In family law there is a recognized body of case law that understands a child needs financial resources and the “family” needs to support the parent that is able to provide these resources. Dr. Handrahan’s career as a highly regarded, highly trained professional, with very good earning power is well-established. Mr. Malenko has not been and cannot provide for his child economical. 3. Mr. Malenko has: (1) refused to allow Dr. Handrahan to provide an income for their daughter (2) has fought to avoid paying minimal child support and (3) all the while demanding sole custody of his daughter. 4. Mr. Malenko has demonstrated he is willing to sacrifice his child’s financial well-being to his over-riding goal of control and destruction of Dr. Handrahan. Mr. Malenko has been very intent on his “rights” as a parent this past year with no demonstrated ability to care for his responsibilities even as a non-custodial parent. 8
  9. 9. Relocation 1. Maine currently has one of the highest unemployment in the country near 10%. People cannot find jobs bagging groceries. Dr. Handrahan’s specialized work does not exist in Maine. She is currently short-listed for two very good senior management positions that allow her to schedule her work around her daughter’s schedule as well as earn a very good living to support Mila. 2. Dr. Handrahan must be allowed to relocate with Mila in order to provide for this family as Mr. Malenko is unable and unwilling to do. 3. Dr. Handrahan has maintained a near perfect record of compliance with the visitation schedule for a year. She would certainly maintain this schedule from Washington DC or wherever she locates new employment. In fact, it would be much easier for her to maintain this schedule via a 50 minute plane flight from Baltimore to Portland Maine than a four hour car-ride from Downeast Maine to Portland Maine. 4. There is no reason not to allow Dr. Handrahan to relocate with Mila and every reason that this must be allowed in order to provide financially for Mila.Child Support 1. Mr. Malenko earns about $23,000. He stopped paying his required child support in June. He all but ignored a previous income withhold order signed by Judge Kennedy and currently owes thousands in back support. Unemployed and bankrupt by Mr. Waxman’s scored earth litigation, Dr. Handrahan finally turned over the two income withholding orders to DHHS in November. Support is now being enforced over Mr. Waxman’s strongest objections. 2. Dan Despard is head of Child Protection. Beth Fawcett was the Case Worker. Dean Stafieri is her supervisor. • “Please feel free to inquire of Daniel Despard regarding Ms. Handrahan’s motivation for and skill at causing problems. He is very familiar with this case.” ---24 November 2009 email by Mr. Waxman to DHHS Child Support Enforcement. • “If you have any doubts about this, please, please, please, simply speak with Beth Fawcett, Dean Staffieri and/or Dan Despard at DHHS. They know what has taken place in this case all too well.” 2 December email from Mr. Waxman to DHHS Child Support. • “ Ms. Handrahan is seeking to use you and DHHS, and a false claim of arrearages to leverage a relocation… Mr. Handrahan was simply using you, manipulating you, to 9
  10. 10. make trouble for Mr. Malenko, and to destroy the bond between father and daughter.” 2 December email from Mr. Waxman to DHHS Child Support.• “At some point SOMEBODY whom Ms. Handrahan seeks to manipulate to help her make trouble for my client really needs to step back and consider whether that is the right thing to do.” –24 November 2009 email by Mr. Waxman to DHHS child support.• “Ms. Handrahan is seeking to use you and DHHS and a false claims….. I would respectfully urge you to deliberate carefully before you take any steps on behalf of Ms. Handrahan.” --- 2 December 2009 email by Mr. Waxman to DHHS child support enforcement.• “Mr. Waxman, until and unless authorized by her attorney, the Department must respectfully decline to voluntarily provide you with any income or other confidential information regarding Ms. Handrahan.” 30 November 2009 email from Kevin Wells of DHHS to Mr. Waxman.• “Mr. Waxman… I am not in a position to tell DHHS to “back off.” “ Carlos Diaz Assistant Attorney General 24 November 2009 email to Mr. Waxman.• “Ms. Handrahan has a battalion of lawyers working for her at this very moment and has the funds to enroll her child in an expensive Montessori School in Ellsworth Maine….it makes no sense to me that you would choose to use State funds to pursue this woman’s relentless and malicious quest to make Mr. Malenko’s life difficult.” ---24 November 2009 email by Mr. Waxman to DHHS Child Support• “Mr. Malenko is forced to hope that he can find a pro bono attorney or spend money that he would otherwise use to pay his heating bill or rent to defend this action, even though he has been paying child support all along… can you just, PLEASE, back off?” --24 November 2009 email by Mr. Waxman to Asst. AG Carlos Diaz. Mr. Waxman has been representing Mr. Malenko pro bono since June 2008.• “Bill for reasons that are beyond me, Ms. Handrahan has asked DHHS to get involved in the child support issues. ….now DHHS is making problems for Igor by sending an Income Withholding Order to IDEXX … I have no choice but to demand an emergency hearing on this issue.” 23 November 2009 email by Mr. Waxman to Bill Harwood• “your client is unemployed and spends all of her waking moments trying to create problems for Igor and me. I am getting extremely frustrated with this situation” 24 November 2009 email from Mr. Waxman to Bill Harwood.• “[To Bill Harwood] I am trying to work with you get these knuckleheads to do this right….[To Mr. Malenko] I spoke with attorney Harwood and he is going to speak with 10
  11. 11. Lori about agreeing to a Child Support Order…” 23 November 2009 email from Mr. Waxman to Bill Harwood and Mr. Malenko. • “This is the second time you have incorrectly accused my client of failing to make child support payments. Mr. Malenko has not missed one… Ms. Handrahan’s….statements are demonstrably incorrect. …we agree it makes sense to make payments by electronic transfer and are happy to accommodate” 25 March 2009 email from Mr. Waxman to Ken Altshuler. • “The man can hardly buy groceries, and yet you are taking more of his money than is lawful or right.” 24 November 2009 email by Mr. Waxman to DHHS Child Support.Questions for the Court 1. How can a man who can hardly buy groceries or heat his apartment afford to be a custodial parent? Constantly demand sole custody? 2. How can a father who can hardly buy his own groceries prevent his daughter’s mother from earning a living to support his child? Is this demonstrative of acting in his daughter’s best interest? 3. How can the court prevent Mila’s mother from earning a salary to provide for Mila? Particularly, when Mila’s father cannot.Child Care 1. The one time that Igor had visitation with Mila during his work week, after we were forced to revert to the Judgment Schedule, Mr. Malenko was unable to find child care for Mila, having forced Mila out of the care she was at for over a year at Little Earth. 2. At 8:15 pm on a Sunday 7 June 2009 Mr. Malenko sent Dr. Handrahan and email saying he would not be caring for Mila the following Monday because he had no child care and went to work. On that day Dr. Handrahan had a major presentation for work, several conference calls with important donors and a policy paper due. Nonetheless, she took care of Mila and juggled work around Mila’s nap and bedtime sleeping hours and did so for several weeks until she was able to locate new child care for Mila. 3. From this point forward Mr. Malenko did nothing to find child care for the times that he was responsible for Mila. This left Dr. Handrahan without full-time care for Mila while she was fully employed. See email 8 June 2009 from Ken Altshuler to Mr. Waxman and 11
  12. 12. 7 June 2009 from Mr. Malenko to Dr. Handrahan Note Mr. Malenko blames Dr. Handrahan.4. Since that time, and up to now, Mr. Malenko has enjoyed time with Mila outside of working hours. The one time he was asked to be responsible for child care and employment he failed to locate child care on his own, intentionally forced Mila out of the daycare where she had been for over a year, left Dr. Handrahan without any full time care and causing emotional distress to Mila, and then he ended his contact with Mila…yet he continues to demand sole custody?• “I am afraid you are forcing me in a situation where I have to cancel the visit with Mila tomorrow. … I hope the judge will correct this very soon so Mila can be with me as she deserves.” 7 June 2009 email from Mr. Malenko to Dr. Handrahan• “You, Ken have made it impossible for Mila to spend time with her father” 10 June 2009 email from Mr. Waxman to Mr. Altshuler• “I simply wanted you to confirm that, until further notice, Igor would not be exercising his contact with his daughter. I will reiterate that the best solution to this situation is for Igor to permit Lori to relocate to DC. Her job will end soon and this would make it easier for everyone. We can work out an expansive schedule now and end all of this litigation” 10 June 1002 email from Ken Altshuler to Mr. Waxman• “Then I really must tell you that I think the Department of Health and Human Services ought to get involved here” ----15 May 2009 email to Stephanie Wright’s lawyer, Mila’s daycare provider who terminated care after a year of care when Mr. Waxman showed up on her doorstep with Mila.• I just got off the phone with “Liza” at your Sorrento home. Apparently you are off “in town” and have left Mila in the care of a woman named Liza about whom you have shared no information regarding her qualifications to take care of Mila. …I digitally recorded the entire conversation with Liza.” ---14 August 2009 email to me. 12
  13. 13. Mila’s Schooling, Extra Curricula Activities & Co-Parenting 1. Mr. Malenko has not contributed to any of the costs for Mila’s school or extra-curricula activities. More concerning he has a consistent pattern of opposing any extra curricula activities that Dr. Handrahan enrolls Mila in. Nonetheless, Dr. Handrahan has kept Mr. Malenko updates on Mila’s life. 2. Dr. Handrahan has kept Mr. Malenko informed of all major events in Mila’s life, even during periods when she had sole custody and didn’t need to. Dr. Handrahan has consistently informed Mr. Malenko of Mila’s school and extra-curricular activities. Mr. Malenko has never once offered to pay for any school or activities—even when requested by Dr. Handrahan. Mr. Malenko has consistently attempted to dictate to Dr. Handrahan Mila’s activities such as forbidding her to enroll Mila in swimming lessons etc. 3. A small issue like constipation that occur when Mila was in Mr. Malenko’s care, demonstrates Mr. Malenko’s inability to parent on even minor problems like constipation. • “Igor, That is fine. I assume this will be every Tues/Thurs at 4:00 as per your request. You will call us 422-2431.As you know Mila loved her gymnastics class and has been asking to start again. I have signed her up starting this week. She also spent 3-4 hours a day swimming in the Sorrento pool and now that the pool is closed wants swimming lessons again. I will sign her up at the YMCA this week as well. She has been playing the piano at a friend’s house often and is asking for piano lessons. I can’t afford that now but once I get a contract I plan to sign her up for these as well with the music school in Hancock. I have also enrolled us with Cadillac Family Medicine in Bar Harbor as we needed a doctor of record for school. I’ll schedule a well-child visit for Mila.” 8 September 2009 email from Dr. Handrahan to Mr. Malenko. • If Mila is not going to be accompanied by you in water I do not want her to take swimming lessons. At this age she should be with the parent in the water, wearing floating devices and be safe. I will check with their program and if this is not the case, I am refusing to her participating in that program or any other program. She should have her swimming lessons with me, in first place. Not only it is cheaper, but it is the safest and the best for her. In case you forgot, I am very qualified and I am good in what I do. Plus, Mila and I were swimming on a weekly base in the Y in Portland, before you and Ken threw the schedule upside down back in May. Concerning gymnastics or any activity you want our child to participate, the appropriate way to do this is to discuss it with the other parent and upon reaching a mutual decision, to go ahead and do it. You are again just informing me of what you decide unilaterally to do with our child, so you can have something on the record for the hearing. That is not co-parenting or beneficial for Mila. 13
  14. 14. I will call Mila at 4 p.m. today.” 8 September 2009 email from Mr. Makenko to Dr. Handrahan. The bold is Mr. Malenko’s.• “The swimming lessons she will start doing with me… Later on she can join a group. Since it is something I know a lot about, hopefully you will understand that. … For now, please remember that no unilateral decisions would be accepted by me. Without consulting with me on issues that concerns Mila, you will be making unilateral decisions. I will not accept that. Mainly the swimming. It is in Mila’s benefit to start with me. I am very qualified and I have the time for Mila. It is actually what we are doing lately in bath tub. Preparing slowly for swimming lessons and wearing goggles etc. Also, I want to you think about overloading her with activities. Gymnastics, swimming, cello, and probably you have several more lined up. We need to discuss it before you decide unilaterally.” 6 March 2009 email from Mr. Malenko to Dr. Handrahan in response to an update from Dr. Handrahan that she enrolled Mila in swimming lessons.• “Igor, I wanted to give you an update on how well Mila is doing at Montessori. As you know, in Portland she would not be accepted until she is three in September, so next year. In Ellsworth they accepted her because she is so advanced and such a happy addition to the classroom. She is thriving. She is making friends and being invited on play-dates. Her teachers comment on how ready she was for the Montessori experience--although she is nearly the youngest she is developmentally far beyond three. She is also doing very well in gymnastics and loves her classes. She would still like to take piano. If you would like to contribute for her extracurricular activities—then perhaps she could start piano lessons. She gets free tennis lessons as part of school and she loves these.” ---- 20 October 2009 email from Dr. Handrahan to Mr. Malenko.• “Igor, You are well aware that Mila goes to Dirigo Montessori in Ellsworth and her doctor is Cadillac Family Medicine. I am not "well aware" of this. This is the first time you have ever given me the name of the day care you unilaterally enrolled her in…As you know Mila called you on Monday. It was the first time she asked to call you and I helped her dial. Soon she will be able to call by herself. The two weekends she has stayed with you—you have lied to her and told her that (1) you lost the cell phone I gave her so she could call me (2) you told your phone had no batteries. More concerning you told her to tell me that she was having so much fun with Poppa she forgot to call me. But she said, this isn’t true Mama—I wanted to call you but Poppa had no phone. you are being emotionally abusive towards Mila. Mila and I do not talk like that with each other. We do not talk about “lies and lying” since there is no need for this. You obviously are trying to make her say AGAIN things that you WILL USE TO ACCUSE ME FALSLY of something new. You should be very careful with how you parent Mila… I divorced you. But if you try this with Mila you will end up with supervised visitations. I will not tolerate any of your crazy behavior towards Mila. The judge will not either. …I think 14
  15. 15. Judge Moskowitz will not stand for any more of this kind of behavior…” 11 November 2009 email from Mr. Malenko to Dr. Handrahan. Mr. Makenko’s replied in red embedded in the text of Dr. Handrahan’s email to Mr. Malenko.• “Igor, If you want a copy of Mila’s class photo you must call Donna 288-2020 and order one.” ---12 November 2009 email from Dr. Handrahan to Mr. Malenko.• “Mila was very constipated on Friday and Saturday morning. She had lots of trouble passing a very big bowel movement. It is probably good to avoid the food you gave her that day…. I don’t trust you and I expect you are doing this on purpose, to cause any kind of irritation or anything you can use to manipulate some other fool of a professional and use them again to generate some report like the first time….. I am aware that you are more than happy to cause problems and that you will do whatever you can to prevent Mila from having a father in her life. ….Mila told me that you have told her to tell “papa not to touch her at all”. I wasn’t surprised knowing what are capable of doing…. What a horrible thing to do to Mila. I will make sure that everything you are doing to her, all the emotional harm you are causing her gets registered and you are held responsible for it. I will not communicate with you anymore until you are in therapy...” 23 November 2009 email from Mr. Makenko to Dr. Handrahan. Mila told Dr. Handrahan a few days late that Poppa had put his fingers in her bum.• “Mila took a tumble on the stairs. She is fine except abrasions on her nose from the rug burn when she fell. I swung by Ellsworth hospital just to be sure she was fine—which, they determined, she is.” 3 August 2009 email from Dr. Handrahan to Mr. Malenko.• “Lori I took care of Mila since she was born. I did it mostly by myself. When you were hiding behind your computer… after you used me to have a child… if it was not for breastfeeding you would have bearly seen Mila…” 4 December 2009 email from Mr. Malenko to Dr. Handrahan. Utterly false accusation and example of projection unto Dr. Handrahan.• “I need the phone number of the school right away… if you still refuse to give me this information and let me search for it on the internet.. I will hold it against you!” 3 December 2009 email from Mr. Malenko to Dr. Handrahan.• “You are a liar, manipulator and an intimidator. Nothing more. … I am not letting you do this to me or Mila anymore.” 1 November 2009 email from Mr. Malenko to Dr. Handrahan.• “you created to achieve your selfish goals… you and not me have exposed our child to all the unnecessary stress. Don’t get confused about that” 30 October 2009 email from Mr. Malenko to Dr. Handrahan. 15
  16. 16. • “She [Mila] is not going to grow up like you.” 26 October 2009 email from Mr. Malenko to Dr. Handrahan• “any responsible mother would have done this” 24 October 2009 email from Mr. Malenko to Dr. Handrahan• “I am glad that Mila is doing well; despite all the disruptions and unnecessary stress she has been having due to your creativity and desire to separate her from me…” 20 October 2009 email from Mr. Malenko to Dr. Handrahan.• “your chaotic and selfish behavior” 16 October 2009 email from Mr. Malenko to Dr. Handrahan.• “your anger and negative energy that overwhelm Mila…we will find a suitable person that can behave normally in front of Mila…. No more games and control exercises with me and Mila..” 23 January 2009 email from Mr. Malenko to Dr. Handrahan.• “ I want to let you know that a group of mothers pooled our resources and we have hired a French teacher for private lessons. Mila is excited as this will be with a few of her favorite friends.” 11 December 2009 email from Dr. Handrahan to Mr. Malenko.• “Concerning the French lessons- As I mentioned before, with your other request for extracurricular activities, my financial resources are not allowing me to contribute more than I am already for Milas child support…. Now, we do as many others, that have not the luxury of an ex-husband financing their lives, with simply engaging our friends to help in getting familiar with music, swimming, painting and many other wonderful activities. The main thing is that she is a happy child that loves doing everything we do, and loves learning from it. I enjoy spending all my time with her and that way we can use the money we save by not paying for daycare and expensive lessons, to afford the essential things right now. Happiness, love and attention are the things that matter the most to a child.” Mr. Malenko’s 11 December email to Dr. Handrahan. 16
  17. 17. Contempt of Court, Stripping Parental Rights, Demands for SoleCustody, & Other Threats1. Mr. Malenko and/or his lawyer Mr. Waxman have waged an incessant war of threats against Dr. Handrahan of almost weekly contempt of court, stripping her of parental rights, what the “judge will do” and demands for sole custody.2. It is estimated more than 10 Emergency Motions, Contempt of Court motions, several PFAs filed and then cancelled. One when Dr. Handrahan put her house for sale because she couldn’t afford the mortgage. Mr. Malenko filed a PFA asking for immediately sole custody because Dr. Handrahan’s house was for sale. This PFA was dropped. There are an estimated 30 or more motions filed since Mr. Malenko was awarded joint custody. When Judge Kennedy had the case she prevented Mr. Waxman from filing motion after motion. Judge Moskowitz has allowed this campaign.3. There is a recognized body of case law in family law that the parent who constantly demands sole custody, files motion after motion after motion, and constantly threatens contempt of court, is clearly the one creating the conflict and making the case high conflict. Courts recognize that high conflict is not good for the child and award sole custody to the parent who is not creating the conflict. Over the course of the past year, it is indisputable that Mr. Waxman and Mr. Malenko are driving the conflict in this case.• “She is a despicable human being and this move is transparent and shameless! She does not care at all about her child.” 20 August 2009 Mr. Waxman email to Jamie Wagner.• “I have every intention of staying in this case as long as it takes. Further, I have no compunction investing not only my time, but my resources, and the very substantial resources of my family, if necessary. … I have never felt so strongly about a case in my life. This is personal for me at this point.”--29 April 2009 Mr. Waxman email to Ken Altshuler.• “We are done screwing around with Lori. She seems to think she can continue to treat this child as her property… let’s have a field day” ---28 April 2009 Mr. Waxman email to Ken Altshuler.• Unless you are able to corral Mr. Handrahan and persuade her to behave in a manner that shows she actually cares about what is best for Mila, my prediction is she will soon be stripped of all rights to this child.” ---16 September 2009 Mr. Waxman email to Bill Harwood 17
  18. 18. • “ Attached is another Motion I am walking over to the Court this morning,…. It is clear to me that your client cannot be controlled, neither by you, attorney Altshuler, nor the Court….” 8 December 2009 email from Mr. Waxman to Bill Harwood.• “So much for rising above your own selfishness… this is exactly why I had asked the judge for sole custody. I will make sure he understands well that it is only about your and not about Mila.” 8 October email from Mr. Malenko to Dr. Handrahan.• “I will wait for the judge to help me out.” 8 October email from Mr. Malenko to Dr. Handrahan.• ““Obviously it is too much to expect from you not to behave like a complete idiot… I understand it is probably because of your mental issues… and you can’t control your behavior… I will ask the court to allow you only supervised contact with Mila. .. You have done more than enough harm to her. You need to do something about your mental state if you want to be a good parent to Mila!” 18 October 2009 email from Mr. Malenko to Dr. Handrahan.• “in the future if you manage to act like a normal parent… I might be able to share information ..I will make sure the judge sees every single email… I will make sure the court sees who you really are” 14 October 2009 email from Mr. Malenko to Dr. Handrahan• “If you keep behaving irresponsible and destructive you will make it even easier for the court to understand that you are incapable of sharing rights and responsiblitiers..” 18 October 2009 email from Mr. Malenko to Dr. Handrahan.• “I will show this to the judge…the only way to secure Mila’s future would not be constantly disturbed and controlled by your selfish goals… 8 October 2009 email from Mr. Malenko to Dr. Handrahan.• “Until we wait for the judge to see us and decide on the important issues about Mila’s future, if you want to do what is good for Mila you could allow her to stay with me from every Friday afternoon until Sunday afternoon. Actually, every two weeks from Thursday afternoon until Sunday afternoon and the other two weeks as I said, from Friday afternoon until Sunday afternoon. This until the judge makes his decision. Let’s see if you are able to rise above your selfishness and show some empathy and consideration about what is truly good for our daughter.” 8 October 2009 email from Mr. Malenko to Dr. Handrahan. This was exactly the schedule the judge then ordered in the “consented” agreement. This email was sent prior to the conference Judge Moskowitz had with Mr. Waxman and Bill Harwood. Underscoring is not Mr. Malenko’s. 18
  19. 19. • “Bill can you agree to this? If not, I’ll ask for an emergency hearing next Wednesday…” 23 November email from Mr. Waxman to Bill Harwood.• “I will ask Michael to demand that Moskowitz schedule a hearing on relocation” 3 December 2009 email from Mr. Malenko to Dr. Handrahan.• “I am glad your recognize therapy would be a good thing for you…I honestly would love to see you become a healthy person and a healthy parent to our child…you seem to think that you can treat Mila like a piece of property… I do not trust you to care for our child properly. You have shown that you do not care at all about what is best for Mila. … I am not going to make any agreements with you. … Judge Moskowitz will hold you in contempt…. You will be stripped of rights to our child…. You might get supervised visitation, but I doubt anything more…. You will likely lose all rights to Mila.” ---3 September email from Mr. Malenko to Dr. Handrahan.• “So far you have done nothing else but removed her from the environments she was thriving in, having friends… I have always tried to put Mila’s needs first. I will show this to the judge since it is the only way to make progress and the only way to secure Mila’s future would not be constantly disturbed and controlled by your selfish goals…Let’s see if you are able to rise about your selfishness and show some empathy…” 8 October email from Mr. Malenko to Dr. Handrahan.• “This is exactly why I asked the judge for sole custody I will make sure he understands well that it is only about you and not about Mila….if you can rise above your selfish goals…I will wait for the judge to help out. 8 October 2009 email from Mr. Malenko to Dr. Handrahan.• “I hope the judge will see this” 16 October 2009 email from Mr. Malenko to Dr. Handrahan.• “Until this gets in front of the judge… possibly Bill Harwood can figure out a good story to impress the judge.” 16 October 2009 email from Mr. Malenko to Dr. Handrahan.• “I am going to file a Motion for Contempt squarely brining the issue of whether Lori has relocated before the judge and asking him to order her to return. Lori has no right to move to Sorrento. She can move there herself, certainly, just give Mila to Igor. …. I promise you I shall file motion after motion and you will expend a prodigious amount on time on this case…..” 8 September 2009 email from Mr. Waxman to Bill Harwood.• “Bill are you still in this case? ….If you agree to retract the false statements you made in Paragraph 3 of your Motion to Modify…. I shall agree not to file a Motion for Sanctions under Rule 11..” 21 October 2009 email from Mr. Waxman to Bill Harwood 19
  20. 20. • “[To Mr. Malenko] although you may hate her and think she is the worst person in the world… [To Bill Harwood] Bill: I am hoping that you and I can hold the reigns here and make this work……we shall have done something very, very important and wonderful for this child and this family ” 2 November 2009 email from Mr. Waxman to Mr. Malenko that he forwarded to Bill Harwood. • “IGOR IS NO LONGER AGREEING TO LIMIT HIS TIME WITH MILA OR TO SUBJECT HIMSELF TO THE SUPERVISON OF DHHS OR ANYONE ELSE IN THE WORLD.” 14 August 2009 email to me.Dr. Kabacoff 1 Mr. Waxman has waged a very effective war of character defamation against Dr. Handrahan, calling her again and again and again insane, mentally ill, very very sick, emotional fragile, emotional unstable etc. Conveniently Mr. Waxman has been able to engage Dr. Kabacoff to support Mr. Waxman’s character defamation campaign. 2 Mr. Waxman and Dr. Kabacoff, the original court appoint psychologist on the case, held a private deposition in August, after the sex abuse disclosure came to light, where Dr. Kabacoff, having not seen Dr. Handrahan apart from 2 half day sessions over a year prior, reported in her private deposition with Mr. Waxman that Dr. Handrahan was the most severely mentally ill person she had ever seen in all her years of practice. 3 Dr. Kabacoff original reported to the court, and it is written into the Divorce Judgment by Judge Moskowitz, that Dr. Handrahan was “not at all mentally ill.” Dr. Kabacoff is now under investigation by the Attorney General’s Board of Licensing for her conduct in this case. 4 Attached are five letters from three different mental health professionals and Dr. Handrahan and Mila’s primary care doctor at the time, attesting to Dr. Handrahan’s mental health. Additionally, the entire binder of character reference for Dr. Handrahan, accepted as evidence by Judge Moskowitz is included. 5 Dr. Handrahan never once in her life even saw a therapist until Mr. Malenko’s rage attacks against her after Mila’s birth. She has a 20 year history of extremely good mental stability and health as attested to by everyone who has ever known her, including her supervisors when she severed in extremely stressful condition such as Chad/Darfur working with sexual assault survivors of the Darfur genocide for the UN. 20
  21. 21. • “I have determined that I do not wish to speak with you under any circumstances other than cross-examination before a judge with court security present.” 17 August email from Mr. Waxman to Dr. Handrahan. • “Charles Manson may have had heartfelt beliefs that murdering those people was the right thing to do. BUT HE WAS MENTALLY ILL!!! So is Lori!!! … she has no empathy for her child. I think you ought to get the heck out of this case…Lori needs help but you are not qualified to give it. She needs psychiatric help.” ---31 August 2009 Mr. Waxman email to Bill Harwood. • “ an out of control rant composed by your client and sent to a host of people, including at least two judges!! It is defamatory. It is fictional. It is paranoid. It nicely illustrates what I have been saying to you about Lori for weeks. I honestly think that she is in a very bad, fragile emotional place. I am concerned that she is no longer competent to parent Mila Malenko, and I shall be sharing this document with the Court because Judge Moskowitz needs to understand what is truly happening in this case. Lori Handrahan needs help, Bill. And she needs it NOW!!!” 7 December 2009 email from Mr. Waxman to Bill Harwood. • “I think you underestimated the severity of Lori’s mental illness… Lori is a very, very, very sick individual…. You gave her the blueprint for false sexual abuse claims…. Her house of cards is falling down on itself with each passing day and it is only a matter of time before she loses her child completely.” ---26 August 2009 Mr. Waxman Email to Ken Altshuler see attached. • “Lori is willing to contaminate her daughter with horrible thoughts… I respectfully urge DHHS to take Mila out of her mother’s home immediately.” ---15 July 2009 Mr. Waxman email to DHHS and Spurwink. • “Moskowitz is going to be outraged at her behavior and throw the book at her. …Ms. Handrahan suffers from serious mental illness and has problems perceiving events and statements accurately. …. She is a client with Diminished Mental Capacity and thus you are authorized under the Bar Rules to take steps, including involving family members and others…” Mr. Waxman email to Bill Harwood • “Igor has a very serious and weighty obligation to protect his child from Ms. Handrahans emotional instability.” 8 December 2009 email from Mr. Waxman to Bill Harwood.Mr. Waxman’s Contact with Mila 1. Dr. Handrahan requested court protection for herself and her daughter when her daughter told her that she was spending overnights and weekends with Mr. Waxman and his 21
  22. 22. family and Mila asked her mother “why did Michael say he loves me? This was confirmed by Mr. Malenko.• “Why did Michael say he loves me?” Mila to Dr. Handrahan 7 December 2009• “Mama we slept in bunk beds at Michael’s house! Michael had a birthday and Oscar the Grouch was there!! Mama, Poppa and Mila went upstairs so that Michael wouldn’t see Mila and Poppa naked.” ---Mila told me on November 29th when I picked her up from a visit with Mr. Malenko. It was Mila’s birthday on November 29. I assume Mr. Waxman had a party for her.• “We did see Michael and his family and Mila had a great time. She actually likes Michael very much and loves his children and nieces. She played with this sister’s daughter Addy who is six and had a great time.” ---2 December 2009 email from Mr. Malenko to me.• “If someone has good intentions and wants only good things for Mila besides her parents, it is Michael” --8 November 2009 email from Igor Malenko—email possibly written by Mr. Waxman.• “…. I will shall not rest until justice is done and that beautiful child is in a healthy, loving environment” ---31 August 2009 Mr. Waxman email to Bill Harwood.• “this is a child who needs to know that she is cared for and her world is safe” 25 March 2009 email from Mr. Waxman to Ken Altshuler• “You see, I care about Mila. For me, this is not a game.” ---29 April 2009 Mr. Waxman email to Ken Altshuler.• “Okey doeky mr. Mokey?” ----2 November 2009 pet name, apparently, that Mr. Waxman has for Mr. Malenko in email to Igor that Mr. Waxman forwarded to Bill Harwood as evidence that he is a good lawyer.• “A beautiful little girl” 3 December 2008 email from Mr. Waxman to then GAL Liz Stout.• “Since you seem to be so concerned about the care provided to his "beautiful little girl". 8 June email from Ken Altshuler to Mr. Waxman.• “Mila told me that Poppa said that Poppa and Mila are going to move into a big house with 3 bedrooms and a big yard for Mila to play in very soon… She said Poppa told her that I was too busy with work to have her live with me anymore… She was very upset 22
  23. 23. about this, crying and asking if it were true… Have you received a decision from Moskowitz that I should know about? I’d also like to know why Mila is telling me that Michael Waxman is telling Mila that he loves her very much.” Dr. Handrahan email to Mr.Malenko December14 2009. • “I would never suggest anything like that to Mila. Only you can produce things like this… Are you trying to suggest that now Michael somehow is doing something improper? You think that you can pull this stuff aging? …You are manipulating Mila, emotionally abusing her and confusing her. Just few minutes after that she forgot what you coached her and since she didn’t need to please you and watch what she was saying, she said that she would love to see Michaela…. It is very sad that you do this to Mila. I told you that I am not going to accept this. It is very bad parenting. You should stop this immediately. “ Mr. Malenko’s response to Dr. Handrahan December 14 2009. • “This is disgusting. I care for Mila Malenko. We had a birthday celebration for her and I bought her a nice gift. My kids played with her over Thanksgiving, doing puzzles and laughing.” Mr. Waxman to Bill Harwood 17 December 2009 • “This may be a game to you but…. I miss spending time with Mila Malenko, who is a delightful child, with whom my family and I had been developing a healthy, nurturing bond.” Mr. Waxman email to Ms. Spurr 4 February 2010. • “damages my friendship with Igor and Mila…Whom Mila and Igor befriend is non of your business….Ms. Handrahan’s shameful PFH already prevented me from spending time with Mila over Christmas, giving her a gift, or even wishing her Happy New Year….Does this seem like it is something that is in Mila’s best interest?” Mr. Waxman email to Ms. Spurr 4 January 2010.Mila’s Disclosure of Sex Abuse 1. The former GAL on the case, Liz Stout, wrote in her report based on evidence she had seen there was a risk of sexual abuse by Mila’s father of Mila but she recommended joint, unsupervised custody anyway. 2. Judge Kennedy had Mr. Malenko under 8 months of supervised contact only based on his police record of domestic assault. The former GAL tried to lift these and Judge Kennedy refused. The Judge for the final hearing was suddenly switched to Judge Moskowitz at the last minute. Judge Moskowitz dismissed the PFA that Judge Kennedy had put in place. 23
  24. 24. 3. Mila reported sex abuse the day she came home crying everytime she went pee, her vagina red and inflamed, and saying she needed to wash it. She had a UTI, with blood in her urine and an inflamed vagina documented by two doctors three and four days later. This was the first time she said that Poppa was poking her gina with his penis. 4. Spurwink strongly recommended supervised contact only. DHHS unsubstantiated after a sustained campaign by Mr. Waxman and in the absence of legal advocacy for me and Mila as I had no lawyer that month having run out of funds to retain Ken Altshuler. 5. DHHS head of Child and Families James Beougher had told Dr. Handrahan that DHHS unsubstantial because HSS had “secret information” that they didn’t and wouldn’t and didn’t have to share with Spurwink or Dr. Handrahan. 6. When Bill Harwood called James Beougher to discuss this case, 18 December 2009, James Beougher then offered his sincere apologies to Dr. Handrahan for claiming that DHHS had secret information. Mr. Beougher now says they did not and that HHS had the exact same information that Spurwink had. Yet not explain was provided as to why HHS has claimed secret information for four months was the reason the unsubstantial nor was HHS able to now explain why they unsubstantiated if they had the same information as Spurwink—nor were they will to re-open and re-examine the case. 7. On December 15 and 16 2009 Mila had new disclosures of sex abuse by her father to her mother and to her “doctor” at Cadillac Family Medicine. In both cases Mila emphasized that her father told her not to tell anyone who she wouldn’t be able to see him again. 8. HHS declined to investigate these disclosures reported by Cadillac Family Medicine and gave no information why they declined to investigate.Mr. Waxman’s Attempts to Influence & Gain ConfidentialInformation 1. According to Maine law on Stalking, "Course of conduct" also includes, but is not limited to, threats implied by conduct and gaining unauthorized access to personal, medical, financial or other identifying or confidential information. [2007, c. 685, §1 (AMD).] Mr. Waxman has attempted repeatedly to improperly influence in order to gain confidential information about Dr. Handrahan. 2. With HHS Child Support-----Mr. Waxman, until and unless authorized by her attorney, the Department must respectfully decline to voluntarily provide you with any income or other confidential information regarding Ms. Handrahan.” 30 November 2009 email from Kevin Wells of DHHS to Mr. Waxman. 24
  25. 25. 3. With HHS Child Protection----Beth Fawcett, the HHS Case Worker provided Mr. Waxman with everything that Dr. Handrahan provided HHS. HHS refused to provide Dr. Handrahan with materials that Mr. Waxman provided. 4. With the Portland Police---“Also, you should know that Kelly Walters, the officer who served me, has a couple lengthy, hysterical messages left by Lori, which I have asked her to preserve.” 14 December Mr. Waxman email to Bill Harwood. Captain Ted Ross of the Portland Police said this was a mis-representation, the Portland PD has no plans to provide Mr. Waxman with anything. 5. With the Maine Domestic Violence and Sexual Assault Commission Working Group on LD1143—Mr. Waxman included in his latest motion the court an update that Dr. Handrahan wrote as privileged information to the Working Group on Resolve LD1143. Dr. Handrahan wrote this to the group because she is a Member of the Working Group. 6. Dr. Handrahan is the author of Resolve LD1143. She wrote and passed LD1143 in an effort to ensure what has happened to her and her daughter in Portland District court does not happen to other survivors of domestic violence and their children in Maine. 7. Resolve LD1143 is in the appendix as well as the preliminary state-wide survey results conducted in the Working Group of what is happening in Family Court across Maine. For example, an estimated near 80% of GALs side with the abuser. 8. The survey results confirm that Dr. Handrahan is not a “hysterical emotional unstable mother who has a problem with reality” as Mr. Waxman is fond of saying but rather that there is a very serious, state-wide problem with how mothers who survive domestic violence and attempt to protect their children are being treated by GALs and Family Courts. This is mirrored nationally.Examples of Mr. Waxman/Malenko’s MotionsSeptember 2008Plaintiff’s Motion for Emergency Hearing Denying Travel with Minor 9/12/08April 2009Plaintiff’s Motion to Enforce 4/27/09Plaintiff’s Motion to Modify 4/30/09May 2009Plaintiff’s Motion to Enforce 5/4/09Plaintiff’s Motion for Emergency Hearing 5/13/09 25
  26. 26. September 2009Plaintiff’s Motion for Emergency Hearing on Motions to Modify 9/3/09Plaintiff’s Third Emergency Motion for Hearing on Motions to Modify 9/8/09Plaintiff’s Motion to Produce DHHS Record 9/9/09Plaintiff’s Motion for Discovery Regarding Parental Rights & Responsibilities 9/16/09October 2009Plaintiff’s Motion to Forego Mediation 10/1/09Plaintiff’s Verified Motion for Temporary Restraining Order& Complaint for Preliminary Injunction 10/7/09Plaintiff’s Motion for Contempt 10/7/09Plaintiff’s Fourth Motion for Expedited/Emergency Hearing on Motions 10/8/09Plaintiff’s Fifth Motion for Expedited/Emergency Hearing on Motions 10/19/09November 2009Plaintiff’s Motion for Emergency Hearing on Child Support 11/24/09December 2009Plaintiff’s Motion for Emergency Hearing on Motions to Modify 12/8/09Plaintiff’s Motion for Emergency Hearing on Motions 12/18/09January 2010Plaintiff Motion for Expedited Hearing 1/8/2010 26

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