Bizarre start to 2012
January 21st, 2012 -- A bizarre start to the year. Kali's abductor, Sandy Zemialkowski, filed a motion to the Hampshire County Probate Court in Northampton, Massachusetts, to request that the Judgment granting me custody be overturned due to her assertion that the courts lacked jurisdiction.
What is amazing about this is she has come 32 months after the courts made the judgment (way past the appeals period) and after the courts ruled on the issue of Jurisdiction during the court case. The Massachusetts appeals court even denied her appeal on the grounds of lack of jurisdiction. Additionally she submitted to the courts in writing an affidavit stating that she accepts the Jurisdiction of the courts in Massachusetts. She was actually in the state of Massachusetts at the time she provided this affidavit to the courts.
Sandy Zemialkowski is also now in the Dominican Republic with Kali because the courts in Massachusetts gave her permission to "temporarily" leave Massachusetts until the custody case was completed. She subsequently decided to ignore agreements made with the courts and refused to return Kali to her home. There is no doubt here with respect to the jurisdiction of the Hampshire County Probate Court over Sandy Zemialkowski and Kali's custody.
Sandy Zemialkowski has also provided some bizarre statements in a new affidavit to the courts. Conveniently picking a time when the Judge that made the original judgment has retired and a new judge has to review the motion. Apparently she thinks that her statements alone will be enough to have a new judge overturn a judgment made by the previous Judge. This even after she has been found in contempt of court and has deceived the courts.
One of the more bizarre assertions is that I refused to pay "delivery expenses" for Kali and offered her a place to stay in my Mother's house which she accepted. The house is my house as well since I own part of it. What's really bizarre is this new assertion that I refused to pay "delivery expenses" for Kali.
Sandy Zemialkowski was working in Florida at the time and already had health insurance there so no "delivery expenses" were required. She chose to come to Massachusetts because she wanted to stay at home and take care of Kali for the first year and also study for her veterinary degree. But her new spin is that she "accepted" my "offer" to come to Massachusetts and I refused to pay Kali's "delivery expenses".
I will provide a more detailed review of her some of her more sensational "new" claims with responses using her own words provided to the court in affidavits and in a sworn deposition.
Quite a bizarre start to 2012. But I am not giving up on Kali and will continue on the path to bring her abductor, Sandy Zemialkowski, to justice and Kali returned to her home.
Hoping for the best in 2012
January 12th, 2012 -- Another year gone and no Kali. This might be the year I'll be re-united with Kali.
My Attorney in the Dominican Republic tells me a new set of judges has been seated on the Dominican Republic's supreme court so it may take another 8 months for a judgment. I am also focusing on other avenues to try and bring Kali's abductor, Sandy Zemialkowski, and any other accomplices as defined under the law, to justice.
Another Thanksgiving without Kali, a failure of the 'civil' process.
November 24th, 2011 -- The third thanksgiving without Kali. My attempt to get Kali returned through the civil process (Hague Convention on the Civil Aspects of International Child Abduction) has been a complete failure. The Dominican Republic has failed thusfar to live up to its' obligations to return Kali in a blantant disregard for the Hague Convention.
I have lost all faith in the 'Civil' process. I am now convinced that I must proceed and focus all my efforts on the criminal system to bring my daughter's abductor, Sandy Zemialkowski, and any accomplices, to justice. This now seems like the only possible way to have any hope of getting Kali back.
Kali turns 4 August 25th, 2011, 2 years since her abduction.
August 20th, 2011 -- Kali Soleil turns 4 on Thursday August 25th, 2011. Happy birthday Kali, I miss you very much.
It has been over 2 years since I saw Kali last and I have not had any contact with her since she was abducted. She continues to be wrongfully retained in the Dominican Republic after her abduction by Sandy Zemialkowski in 2009.
The Dominican government continues to show it's unwillingness to abide by a treaty it signed in 2007 and return Kali to her home. I urge anyone wanting to travel to the Dominican Republic for vacation to travel somewhere else and not provide the government with the income. Especially avoid the Punta Cana area where Sandy Zemialkowski's father, Walter Zemialkowski is the Director of Operations at the airport.
Kali is not the only child being wrongfully retained in the Dominican Republic and the government will not get the message that they need to honor their agreements until they are held accountable.
Waiting for Supreme Court Ruling
March 9th, 2011 -- A hearing was held in the Dominican Republic's supreme court. I have been informed that another 6-8 months will elapse before the ruling is given.
June 25th, 2010 -- Over two weeks ago we filed our appeal against the initial ruling by Judge Antonia Josefina Grullon Blandino who ruled against returning Kali Soleil to her home in Massachusetts. By law the appeals court is required to rule within 5 days of receiving all the closing arguments however I have been told this ruling may take up to a month due to the issues at stake and the visibility of this case.
Bring Sean Home Foundation (BSHF) partnership for Kali's return
The Bring Sean Home Foundation (BSHF) has joined me in my campaign for the return of my daughter, Kali Soleil Athukorala, to her home in Massachusetts. You can view Kali's profile on the BSHF website by clicking on the following link:
Kali's abduction on BSHF
The Bring Sean Home Foundation has a forum where Kali's case is being discussed:
Discussion of Kali's Abduction on BSHF
Please visit Kali's forum for a continuing discussion on the clear non-compliance of the Dominican Republic with the Hague Convention on the Civil Aspects of International Child Abduction.
The Bring Sean Home Foundation's site also lists several other on-going cases and is a good source of information and place to discuss the on-going battle that parents face with Parental Child Abduction.