Sandra Zemialkowski's trail of deception, interference, false allegation, attempted bribery and child abduction
Sandra's actions, contrary to her words as she has represented herself by to Kali's father and the Hampshire County Family and Probate Court, have left a trail of deceit, custodial interference, false allegation, attempted bribery and child abduction. Everytime she has failed in her attempts to convince people of her story she has moved onto new people to try and convince, shopping for jurisdictions and attorneys who will believe her story.
Sandra has proven very adept at sounding and seeming very convincing when she first tells her story but when the facts are examined and become apparent her story falls apart. Most of the information presented below are part of court records, which were submitted either as evidence or sworn statements, in the custody case that ensued after Sandra's deceptive removal of Kali Soleil.
Acts of Deception
Sandra's deception started on December 21, 2007. She claimed that she was going on a family vacation to visit with her parents who were living in the Dominican Republic (both of whom also happen to be citizens of the United States). Sandra wanted to spend christmas with her parents and introduce Kali to Sandra's father who had not met Kali. Sandra deceived me using this story to get me to sign a letter of consent to allow Kali Soleil to travel outside the United States.
In January 2008 Sandra asked to extend Kali's stay in the Dominican Republic to spend her (Sandra's) birthday with her friends and family. I sent a letter, again trusting Sandra at her word, to allow Kali to remain in the Dominican Republic until the end of February 2008. This turned out to be another deception as Kali Soleil was not returned to her home at the end of February 2008.
In June, 2008, Sandra was ordered to appear before the Hampshire County Probate and Family Court in Northampton, Massachusetts for a custody hearing based on a complaint I had filed for Sole Legal and Physical custody of Kali (Sandra appeared and was represented by an Attorney). During the hearing I tried to convince the Judge that letting Sandra take Kali out of the country even for a temporary period would result in Sandra not complying with court orders. In response, Sandra submitted a sworn affidavit to the court stating that she does not want to interfere with my relationship with Kali and that she recognizes the Hampshire County Probate and Family Court as the only court with regards to matters relating to Kali's custody and care.
This turned out to be another deception as in December 2008, Sandra once again began interfering with my relationship with Kali, denying me access to Kali on a scheduled visitation in the Dominican Republic and defying court orders. She stated that I had to hear what she had to say first, before I could visit with Kali.
In April 2009, Sandra stated to the court that she does not recognize the jurisdiction of the Hampshire County Family and Probate Court and would not be returning to the United States, again in contradiction to her sworn affidavit. This argument of jurisdiction seems to be a constant theme with Sandra even though it is very clear by the definition in the Hague Convention that Massachusetts is Kali's home state and habitual residence.
Acts of interference
Sandra's acts of interference in my relationship with Kali began the moment Sandra deceptively removed Kali from her home in Massachusetts. This did not become evident until my trip to the Dominican Republic in February 2008. During my stay there, Sandra denied me the right to have my daughter overnight despite assuring me that I would be able to before coming to the Dominican Republic. She decided at the last moment (this was around 10 PM the first day I had arrived in the Dominican Republic) to not allow me to have Kali overnight.
Sandra's deceit continued while I was in the Dominican Republic. On my second day in the Dominican Republic, having decieved me the previous night, she once again told me that I would be able to have an overnight with Kali. Yet once again at the last moment she denied the overnight to me.
During my stay in the Dominican Republic, Walter R. Zemialkowski, Sandra's father attempted to interfere with my relationship with my daughter Kali Soleil Athukorala. He had prepared a 'custody agreement' that he attempted to force me to sign. The custody agreement that Walter R. Zemialkowski, a former member of the United States Military, attempted to force on me, among other things would have given full custody to Sandra Clarissa Zemialkowski, force me to pay in full for all of Kali's educational expenses from Kindergarten through college and would have only allowed me to visit my daughter in the Dominican Republic, and even then it would have to be only after a child psychologist in the Dominican Republic would okay the visit. Ironically, the agreement Walter R. Zemialkowski attempted to force on me also stated that I would also give up any rights for relief under the Hague Convention on the Civil Aspects of International Child Abduction a clear indication that Walter R. Zemialkowski had an idea he was interfering in a child abduction case.
Shortly before returning to Massachusetts, I was informed by Sandra that she would be returning with Kali in April 2008. Yet, in early March, 2008, Sandra seemed to have forgotten about that promise and had not even made any mention of looking for a plane ticket to return. This together with the previous acts of deception and interference lead me to file a complaint for Sole Legal and Physical custody of Kali Soleil. It seemed very evident that Sandra was playing on my emotion and love for her and that my relationship with my daughter was suffering with the very real possibility that I would never see Kali again.
At the conclusion of the preliminary trial for custody in June 2008, I was awarded joint custody of Kali Soleil. Sandra though was allowed to leave with Kali temporarily pending the final outcome of the case with very specific conditions. She was to make Kali Soleil available to me via webcam for 15 minutes a day every day and she was to bring Kali Soleil to Massachusetts, at her own expense, 5 times a year no more than 3 months apart for 1 week each time. The webcam visits with my daughter turned out to be another source of interference. Sandra would make excuses ranging from technical difficulties to the fact that her mother did not know how to operate a webcam, her housekeeper and aparently Kali's nanny not being able to operate a webcam, to electrical problems in the house, and that she would get delayed from work. This despite telling me that the Dominican Republic had one of the best internet services in Latin America. But the end result was interference in my daily contact with Kali.
The temporary orders of custody in June 2008 stated that I had joint custody of Kali Soleil. As soon as I found out about that I asked that I have Kali overnight with me. Sandra refused stating that she interpreted the court's orders as stating that I could only have overnights with Kali while I visited with her in the Dominican Republic, an incredulous interpretation. I had to go to the courts again to be allowed to have my daughter overnight with me in Massachusetts. By the time the courts made a ruling Sandra had left for the Dominican Republic, having posted the required $25,000 in bond, but again she had interfered in my relationship with my daughter choosing to interpret court orders in her own way.
False allegation and attempted bribery
In December 2008, I went to the Dominican Republic for a scheduled visit with my daughter. During the first day, Sandra dropped Kali off an hour late and I had Kali with me for 7 hours. On the second day Sandra came almost 2 hours late. This time she denied me access to Kali until I would 'hear' what she had to say. I sensed that she was going to be beligerant and possibly trying to taunt me into a confrontation and I refused to hear what she had to say.
I started to walk away from her at which time she started yelling profanities and taunting me. She followed me as I walked away from her and shortly thereafter struck me across the face in an apparent attempt to illicit a physical response from me.
After failing in her attempt to trap me into a physical assault she then claimed that she would call the police and have me arrested for assaulting her. This was in apparent reference to the time during her assault on me when I raised my hands in a defensive manner to protect my face. I later learned that she had gone so far as to try and bribe a valet who was nearby, who may have witnessed her striking me, to tell authorities that I struck her.
Child Abduction/Parental Kidnapping
Sandra Clarissa Zemialkowski is currently unlawfully retaining Kali Soleil Athukorala in the Dominican Republic. She no longer has any rights of custody to Kali Soleil and only has the right to supervised visits with Kali Soleil Athukorala. In the United States this is called International Parental Kidnapping and is also defined as Parental Child Abduction by the Hague Convention on the Civil Aspects of International Child Abduction.
A common theme in child abduction cases happens to be the assertion by the abducting parent, usually in the courts in the jurisdiction to which the child has been abducted to, that the left behind parent does not pay child support and should be required to pay child support. In my case this is no different. Sandra, after abducting Kali Soleil Athukorala, my daughter, has attempted to claim that I need to pay child support. She attempted to do so during the custody trial in Massachusetts but was denied her request.
Sandra no longer has the right to legal and physical custody of Kali Soleil Athukorala. She has abducted Kali Soleil Athukorala from Kali's sole custodial parent, me, Kali's father. Since I have Sole Custody of Kali I do not have to pay child support to Sandra. In fact, paying child support to Sandra will be an act of aquiescing to Kali's abduction and may be interpreted legally as accepting Kali's abduction to the Dominican Republic.
One might pose the question: "This is your child and if you love her you will support her." My answer to that would be, yes I will support her completely, I love her very much and want to provide the best possible life for her, but she has to be returned to my custody and care.
The fact is that I am not abandoning my responsibility to support, care for and love Kali Soleil. If I were I would not have gone through the process of seeking sole custody of her nor gone through the emense financial, emotional and legal effort I am going through to fight for my daughter.
I am prepared, have come forward, and requested to take on full responsibility for Kali's custody and care. I now have sole custody and have full responsibility for her custody and care. However, my daughter has been abducted and is being unlawfully retained in an environment and nation that I have not consented for her to be in. Providing support to Kali's abductor is in essence acquiescing to the crime of parental kidnapping and supporting a criminal act.