STATE OF MAINE DISTRICT COURT CUMBERLAND, ss. LOCATION: PORTLAND DOCKET NO.: PORDC-PA-08-605 FM-08-510 LORI HANDRAHAN ) ) Plaintiff ) ) MOTION TO LIFT PFA v. ) RESTRICTION ON VISITATION ) IGOR MALENKO ) > Defendant ) NOW COMES Defendant Igor Malenko, through undersigned counsel and moves this Court to lift the restriction on Defendant's visitation with his daughter that was imposed in PORDC-PA-08-605. The grounds for this Motion are that a very competent ‘guardian was selected and appointed by the Court (MaryGay Kennedy), she has just issued an interim recommendation, and that document suggests the restriction on visitation be lifted. 1) On May 16, 2008 Defendant Igor Malenko filed a Complaint for Divorce. See Exhibit A. In that filing, he clearly anticipated sharing custody of the 1 year old child, Mila Malenko (DOB 11/29/2006), with Plaintiff. See Supplemental ‘Worksheet attached as part of Exhibit A. 2) On May 23, 2008 Plaintiff filed a Complaint for Protection from Abuse. See Exhibit B. In this Complaint, Plaintiff sought and obtained sole rights and responsibilities to Mila and effectively prohibited Igor from any contact with his daughter. 24 20993) Inthe typewritten, narrative addendum to this pleading, Plaintiff wrote, “[1] believe that the family court, with the assistance of an experienced guardian ad litem, is the appropriate forum for determining matters regarding how to ensure safe and appropriate contact between Mila and her father, sa Tam nat seeking an order on her behalf that might interfere with or usurp the family court’s ability to determine that issue.” 4) On June 6, 2008, after lengthy discussions with Judge MaryGay Kennedy in chambers, the parties agreed to the entry of a PFA Order without a finding of abuse (in large part due to concems of deportation risks to Igor). See Exhibit C. As part of this PFA Order, Igor was not permitted to have unsupervised visitation with Mila, and any visitation had to occur through Connections tor Kids. In fact, for at least 4 weeks, while arrangements with Connections for Kids could be made, Igor had NO contact with his daughter, Mila 5) Also, as part of the PFA Order, Judge MaryGay Kennedy specifically appointed Elizabeth Stout as the GAL and ordered that each party undergo psychological evaluations and follow recommendations found therein. 6) Each party has undergone evaluations with Dr. Kabacoff, 7) Igor has had several visits with Mila through Connections for Kids, and they have gone wonderfully, as the reports indicate (all of which the GAL, Liz Stout, has reviewed). 8) Nonetheless, Igor has becn prohibited from seeing Mila fur wore duu: one one-hour and one two-hour, supervised visits per week.9) The GAL has now issued an interim recommendation (“Recommendation”), dated August 12, 2008, in which she indicates that she believes “the supervision requirement should be removed.” See Exhibit D. In addition, the GAL suggests that the visits should “at least three times each week.” 10)1 inquired of counsel for Plaintiff by email on August 15, 2008 as to whether she would agree to the lifting of the restrictions on visitation, but have not received a response. See Exhibit E. CONCLUSION As chronicled above, Igor Malenko’s relationship with his 1 year old daughter has been unilaterally and substantially altered (and perhaps damaged), beginning with the filing of what may have been a retaliatory PFA Complaint on May 23, 2008. Now that an experienced GAL has done substantial investigatory work, including conferencing with the well-respected and experienced psychologist (Dr. Kabacofi) who has evaluated each party (but not yet produced her report, largely because Plaintiff has refused to cooperate in the process), it is time to lift the restriction on visitation imposed by the PFA Order. We respectfully urge this Court to adopt the recommendations of the GAL, as stated in her Recommendation, and permit Igor Malenko to have unsupervised visitation with his daughter, at least three times a week. Michael J. Waxman, Esq. DATED: August 21, 2008 t de Maine Bar No. 7389 f 4 oe, ; Attomey for Defendant : rt oe : Igor Malenko \ 0 oe S 4 Mel 1 ae vy eA i ‘ We igh oh