1. Review of Joint Custody
Malenko-Handrahan
January 2009-November 2010
Cover Sheet/Index
Original Divorce Schedule…………………………………………………….4
The Divorce Judgment Schedule provided Mr. Malenko with visits
on Mon-Wed-Friday from 9-4. Apparently, Judge Moskowitz
misunderstood the GAL’s request and provided Mr. Malenko with
a schedule during his work day. Dr. Handrahan immediately
agreed to the schedule Mr. Malenko requested. If she has stayed
with the court times Mr. Malenko would have had only three hours
per week with Mila. Instead he enjoyed 18 hours per week.
Visitations & Exchanges………………………………………………………. 5
Compliance with Visitation………………………………………………………………….. 3
Since January of 2009 there have been an approximately 142 visits
of which Dr. Handrahan has missed six due to Mila's sickness or
weather for which make-up time was provided.
Transitions…………………………………………………………………………………….. 7
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. 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.
Financial Responsibility ……………………………………………………….. ..5
Dr. Handrahan lost her Sr. Policy Advisor position with CARE,
earning $88,000 in July because neither the court nor Mr. Malenko
would let her to relocate resulting in Mila’s future being seriously
compromised.
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2. Relocation………………………………………………………………………. ...8
Maine currently has one of the highest unemployment rates in the
country near 10%. People cannot find jobs bagging groceries. Dr.
Handrahan’s specialized work does not exist in Maine. She needs
to be allowed to earn a living to support Mila.
Child Support……………………………………………………………………. 9
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. He 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.
Child Care………………………………………………………………………..11
Mr. Malenko had visitation with Mila only once during his work
week. Mr. Malenko was unable to find child care for Mila and
gave notice to Dr. Handrahan hours before her work day. Mila had
recently been removed from her day care, where she had been for
over a year, due to Mr. Malenko and Mr. Waxman intimidation of
Mila’s child care providers, including threatening a Health and
Human Services investigation.
Mila’s Schooling, Extra-Curricula Activities & Co-Parenting………………13
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.
Contempt of Court, Demands for Sole Custody, etc…………………………17
Mr. Malenko and/or Mr. Waxman have threatened Dr. Handrahan
contempt of court stripping her of parental rights and sole custody
countless times.
Dr. Kabacoff…………………………………………………………………….20
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3. Mr. Waxman has waged a very effective war of character
defamation against Dr. Handrahan, calling her again and again
insane, mentally ill, 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. Dr. Kabacoff is under investigation with the AG’s
Board of Licensure for her role in this case.
Mr. Waxman’s Contact with Mila…………………………………………….22
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 family and
Mila asked her mother “why did Michael say he loves me? This
was confirmed by Mr. Malenko.
Mila’s Disclosure of Sex Abuse………………….................................................24
Spurwink has strongly recommended supervised custody only.
Mr. Waxman’s Attempts to Influence & Gain Confidential
Information………………………………………………………………………25
According to Maine Stalking law "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 to gain confidential information about Dr. Handrahan.
Mr. Waxman/Malenko Motions in 2009......…………………………...……….26
Mr. Malenko and/or his lawyer Mr. Waxman have waged an
incessant war since they received joint custody in January, filing
motion after motion. Judge Kennedy prevented Mr. Waxman from
during this when she was managing the case. Judge Moskowitz has
allowed this. For example, in one period of seven weeks alone, Mr.
Waxman filed nine motions including five Emergency Motions
and one Contempt of Court; all asking for sole custody.
Original Divorce Schedule
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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.
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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 & Exchanges
Compliance 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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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. 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. • “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 Mila's 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. Contempt of Court, Stripping Parental Rights, Demands for Sole
Custody, & Other Threats
1. 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. • “ 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. • “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. • “[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. • “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.
Handrahan's 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. 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. 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. 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 Confidential
Information
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. 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 Motions
September 2008
Plaintiff’s Motion for Emergency Hearing Denying Travel with Minor 9/12/08
April 2009
Plaintiff’s Motion to Enforce 4/27/09
Plaintiff’s Motion to Modify 4/30/09
May 2009
Plaintiff’s Motion to Enforce 5/4/09
Plaintiff’s Motion for Emergency Hearing 5/13/09
25

26. September 2009
Plaintiff’s Motion for Emergency Hearing on Motions to Modify 9/3/09
Plaintiff’s Third Emergency Motion for Hearing on Motions to Modify 9/8/09
Plaintiff’s Motion to Produce DHHS Record 9/9/09
Plaintiff’s Motion for Discovery Regarding Parental Rights & Responsibilities 9/16/09
October 2009
Plaintiff’s Motion to Forego Mediation 10/1/09
Plaintiff’s Verified Motion for Temporary Restraining Order
& Complaint for Preliminary Injunction 10/7/09
Plaintiff’s Motion for Contempt 10/7/09
Plaintiff’s Fourth Motion for Expedited/Emergency Hearing on Motions 10/8/09
Plaintiff’s Fifth Motion for Expedited/Emergency Hearing on Motions 10/19/09
November 2009
Plaintiff’s Motion for Emergency Hearing on Child Support 11/24/09
December 2009
Plaintiff’s Motion for Emergency Hearing on Motions to Modify 12/8/09
Plaintiff’s Motion for Emergency Hearing on Motions 12/18/09
January 2010
Plaintiff Motion for Expedited Hearing 1/8/2010
26