Background Information
Today's Date: 04/28/2006
Name:
Peter Petrov
Address: 411 Westchester Ave
Apt. 3S
Port Chester, NY 10573
Home Phone: 914-309-7463
Business Phone:
203-221-7973x357
Are you represented by a
lawyer? No
Complaint Information
Judge's Name: Sam Walker
Judge's Court: Supreme Court/IDVC
County: Westchester
Dates of Incidents: 01/23,
03/01, 04/05/2006
Details of Complaint:
I’m Plaintiff in the divorce case (index #21006-05) and
Honorable Sam Walker is the Judge.
My ex-wife keeps bringing unsubstantiated accusations against
me, fails to respect court orders and Judge Walker favors and rewards her
behavior.
In virtually all his rulings Judge Walker presumes that I’m
guilty in domestic violence, even if he is well aware that I deny all
allegations and I fight in criminal courts to clear my name from the
charges.
I. For almost 5 months since November 1, 2005, I was denied
parenting time with my son
On November 2 my wife obtained in my absence an order for
temporary custody for my 5-years old son.
During the court hearing on November 10, 2005 I requested
sole physical custody and regular parenting time (visitations). The request
was denied based on accusations by my wife that my son was “afraid” of me.
I accepted supervised visitations at White Plains YWCA,
hoping that the YWCA report would prove my wife’s allegations were false.
The YWCA report prepared for the hearing on December 8, 2005,
proved the allegations were false (according to it, when my son has seen me
after 3 weeks of separation “he smiled, kissed and hugged” me).
But instead of having my case heard on December 8, 2005, I
was arrested, because the prior day my wife went to the police and filed
ridiculous stalking charges (she saw me twice in an 8 days period in a
shopping mall and in front of Barns and Noble book shop).
Instead of getting custody and regular parenting time with my
son I was arrested on another false allegation.
My
next court appearance was on January 23 before Judge Walker.
This time my wife brought another ridiculous allegation –
according to YWCA report during a supervised visitation at YWCA I grabbed
the hand of my son and did not allowed him to play, before we finish our
counting to ten exercise.
Later on, I asked for opinion the head of “supervised visitations” program
at YWCA and Dr Leon Tec, a child psychiatrist and they both confirmed that
there was nothing wrong to hold or grab the hand of the child in order to
bring his attention to an educational activity.
In
this case Judge Walker made an incompetent ruling, failing to properly
evaluate the facts. A proper solution, if he was unable to do the evaluation
by himself, was to consult an expert – child psychiatrist or social worker.
On March 1, 2005 I had another court appearance before Judge
Walker. This time the YWCA report did not contain anything that could be
considered controversial by Judge Walker, but my wife brought a new
allegation – that she was afraid that I might kidnap my son and bring him to
our native country Bulgaria. My wife did not bring any support of her new
allegation; however Judge Walker again deliberately and without
investigating the matter denied me regular parenting time.
During this hearing Judge Walker ordered orally that I have
to have two more supervised visits and if everything went well, I would
start having limited regular parenting time - 3 hours a day on Saturdays.
His oral order was again inadequate, because the reason my
wife to oppose me having regular parenting time, was her fear of kidnapping,
which has nothing to do with YWCA visitations.
On
April 5 during my next appearance before Judge Walker he had forgotten about
his own order
Judge Walker kept insisting that I deliberately missed the
supervised visits #3 and 4; therefore he refused to grant me regular
parenting time.
Judge Walker ignored my remembering that according to his
most recent order I should have two supervised visits, followed by regular
parenting time if everything went well. I was fortunate that the law
guardian of my son appeared later in the court room and repeated my
previously ignored remembrance to Judge Walker.
Judge Walker has forgotten that his March 1 order was about 3
hours parenting time per week, so luckily I got 4 hours instead of 3
During the hearing on April 5 Judge Walker ordered me to
surrender my US and Bulgarian passports, in order to prevent me from leaving
the country with my son (an allegation by my wife, which appeared to be
based solely on an extract from one letter that I wrote to the head of YWCA
supervised visitations program, stating that “I would do everything to be
able to see my son”, the context suggested anything within my judicial
fight). Judge Walker again made the inadequate conclusion that “I will do
everything” includes kidnapping.
Another reason the order to surrender my passports was
inadequate was that my son’s passport is in possession of my wife, therefore
I could not leave the country with my son even if I had my passports with
me.
Judge Walker constantly forgets his previous rulings. His
memory problems become so big, that virtually every new court appearance we
begin from scratch. In the same time he mostly issues oral orders and only
rarely written ones.
During the court hearing on April 5, when I was interrupted
by the Defendant’s attorney, Judge Walker at least two times ordered me to
stop and gave the word to the Defendant’s attorney who interrupted me.
Judge Walker failed to enforce his own orders.
I requested a temporary custody on my son since the current
custodian failed to satisfy the educational need of the child by
deliberately stopping the child from the two schools that he was attending
before. During the show case on March 1, Judge Walker ordered Defendant to
resume bringing the child to school. On April 5, even if Defendant failed to
comply with the order, Judge Walker without verifying if the child is
brought to school denied my claim for temporary custody and granted the
custody to the non compliant Defendant.
Judge
Walker failed to make him familiar with the history of prior false
allegations brought by my wife.
The fact that Judge Walker start each new hearing virtually
from scratch, allows the Defendant to keep depriving my son from education
in his native language by inventing new lies and excuses on every new court
appearance..
Example:
Here is how my wife justified stopping my son’ from visiting
the School to the Bulgarian Consulate General in New York during the last 5
months.
1.
On November 1 my wife stopped my son from visiting the two schools that he
was attending for no reason (Sunday school to the Bulgarian Consulate
General in Manhattan, English 2 days a week school to the Presbyterian
Church in White Plains)
2. When ordered to resume
bringing the child to school she claimed that the child is no longer
eligible to attend the school since the school changed the rules not to
admit any children younger than 5 (my son is currently 4 years and 11 months
old)
3. When I shown to Judge Walker
a proof (a letter from my son’s teacher and the head of the school program,
showing that my son can continue to visit the school) she started claiming
that she was afraid that I’m somehow connected to the official from the
Bulgarian consulate and refused to resume visiting the Sunday school.
II. On December 7 I was arrested on
allegation in violation of order of protection.
The case has been transferred to IDV Court before Judge
Walker.
During the court appearance on January 23, without any
hearing and proper due process Judge Walker ordered me to attend a pretrial
domestic violence program for men for 52 weeks and to report every day
before the police by calling a phone number.
My numerous requests for a hearing to be scheduled (oral and
written) were not respected. After 3 months in constant requests for proper
due process, finally I requested a jury trial, which was granted.
III.
On March 1, 2005 Judge Walker orally ordered me to stop trading stocks in my
brokerage accounts on an unsubstantiated and unverified claim by my wife
that I waste marital assets. I notified multiple times Judge Walker that I’m
an active trader and has a long stock position that may loose substantial
value if not properly managed.
Judge Walker
failed to consider my request to allow me to trade, which has resulted in a
loss of 1/5 of my position value.
IV.
On January 27, 2006 Judge Walker issued an order for forensic evaluation of
child custody and visitation issue. Neither I nor my attorney was aware of
this order until the institution mandated to do the evaluation on April, 25,
2006 sent me an appointment notice.
It is very
probable that Hon. Walker actually signed this order on a much later date
than the date on the order – January 27, 2006
Judge Walker
noted in the order that “Matter has a Domestic Violence Component”, which is
not true. The truth is that there are allegations in domestic
violence that I strongly deny and fight in courts.
In this
order Judge Walker states that access to the forensic report may eventually
be granted to counsel, but not to the interested parties – me and my wife. I
find inadmissible the interested parties not to be allowed to have copies of
the report, which ultimately decides the future of their child.
Complainant's Signature:
Peter
Petrov
