April 28, 2006
Attn:
Hon. Sam Walker
Re:
Petrov v. Basheva-Petrova
Dear Judge Walker,
I. Please find my Counter
Proposed Order to the Proposed Order of Ms. Nesheiwat concerning the spousal
support for Ms. Neshewat’s client.
The Proposed Order by Ms. Nesheiwat
was mailed to me on or after April 24 and signed by you on April 25; therefore
I had no opportunity to oppose it before you signed it.
Please note that Ms. Nesheiwat’s
Proposed Order substantially distorts what you ruled from the bench during the
hearing on April 18, 2006.
- You ruled a pendent elite
spousal support and not permanent as Ms. Nesheiwat version implies.
- You ruled that the amount
of the pendent elite spousal support shall be $800 and not $900 as in Ms. Nesheiwat’s
Proposed Order
- You did not rule any change
of the child support for my son, however Ms Nesheiwat reduced it from $263
per week to $1100 per month
- You ruled that the
disposition and oral investigation that the defendant requested shall take
place on a mutually agreed place and not at Ms. Nesheiwat’s office if an
agreement is not reached.
- You haven’t ruled anything
about the temporary custody of my son, which was subject of another order
still in effect
- You ruled that I pay Ms. Nesheiwat
$10,000 from my bank account and not from the marital assets – it is still
to be determined what part of the assets in my accounts’ if any are
marital.
Therefore I respectfully ask
you to cancel the current order and sign the attached Counter Proposed Order.
II. Please note that I
cancelled the appointment for forensic evaluation scheduled by WJCS initially
for April 26, 2006. Here are my reasons for this:
- I was not aware of your
order (nor was my counsel Ms. Rhona Bork at the time the order issued)
until 3 days before the scheduled appointment date at WJCS when I received
the notification from WJCS (my address was misspelled and the mail delayed)
- The forensic evaluation as
proposed by WJCS does not involve an evaluator who is fluent in Bulgarian.
My son’s English language abilities deteriorated during the last 5 months
to the level on which he cannot express himself fluently in English
- I believe that during the
last 5 months, my son developed a slight stammer, which could be noticed
only by an evaluator, who is fluent in Bulgarian.
- It would be virtually
impossible to a non Bulgarian native evaluator (even with the help of a
good Bulgarian translator) to notice the evidences of brainwashing to
which my son was submitted during the last 5 months.
- The Court Order for
forensic evaluation states that “the case has domestic violence
component”. This is not correct – “the case involves allegations in
domestic violence”, which I believe will be dismissed.
- The Court Order for
forensic evaluation states that the forensic report should be accessible
only for the Court and eventually for the counsels. I find this
inadmissible – the parties, which are most interested in this report – my
wife and me, should receive copies since the destiny of our son depends on
it.
- I have serious concerns
about the unavailability of statistical information regarding child
custody recommendations (to father or to the mother) done by WJCS (please
find the attached copy of my letter to the head of WJCS forensic
evaluation program)
III. Please find my federal
tax return with all schedules from year 2004.
IV. Documents related to my
case and intended to me continue to be mailed from your office to my former
attorney Ms. Rhona Bork. Please note that Ms. Rhona Bork no longer represents
me, even if she is courteous enough to forward your mail.
Very
truly yours,
Peter
Petrov,
Eng.