The parties were married on September 16, 1989 in Flanders, New Jersey. Ian Michael Dampier Walker, born August 3, 1992 in Melbourne, Florida, is the parties’ only child. The former wife ousted the former Husband from the marital residence on September 7, 1995, and filed her Petition for Dissolution of Marriage on September 21, 1995.

On January 26, 1996, the parties entered into a stipulation during mediation. This stipulation was approved by this Court in its Order Approving Joint Stipulation of January 29, 1996.

The parties have had shared parental rights since 1996, although the former wife has never provided the former husband with any of their child’s school records, church records, medical records, dental records, etc., despite numerous requests by the former husband, either directly or through his attorney.

The first trial was held on November 21, 1996 and December 6, 1996, the Honorable Jessie P. Silvernail presiding.

Beginning in 1996, the former wife left the minor child in the primary care of Linda Klotch. Ms. Klotch is an admitted cocaine addict and alcoholic. The former wife knew of Ms. Klotch’s history of cocaine and alcohol abuse, gun violence, dishonorable discharge, and marriage to the pedophile, John Klotch.

Ms. Klotch has repeatedly committed herself to drug and alcohol abuse hospitalization. Ms. Klotch has two children from her second marriage. The Court gave custody to the father, and limited her contact to supervised visitation. In her deposition, Ms. Klotch was asked, “Were either of the children present on an occasion where you pointed a gun at Michael?” She answered, “They both were.” She suggested that witnessing this violent act is a cause of the behavior problems of the two boys. Ms. Klotch testified she was dishonorably discharged from the Army for going AWOL. Ms. Klotch voluntarily admitted herself to the New Lifestyle Clinic because she had “lost complete control over (her) life” due to her use of “cocaine and alcohol.” (Case 05-1988-DR-008559-XXXX-XX)

The former Wife’s action of placing the minor child in the care of Ms. Klotch, despite knowing her history of alcohol and cocaine addition, gun violence, and marriage to a convicted pedophile, is prima facie evidence of child abuse and of the former Wife's dangerously flawed judgment.

Despite knowing of the conviction of John Klotch for child molestation, the former wife left the minor child in his home. After the former Husband’s ouster from the marital residence, the former Wife placed the child in the Klotch home. Psychologist Dr. Williamson stated:

... given the Nanny’s husband’s history of child molestation, it would appear to be poor judgment to allow (the minor child) to be cared for in (the Nanny’s) home. … Finally, there is concern about Ms. Klotch’s influence on Ian and the family dynamics surrounding them. She appears overly emotionally involved with Ian, likely has unresolved issues regarding her own sexual abuse, and is clearly allied with Mrs. Walker against Mr. Walker. (Williamson, G., Psychological Evaluation of Ian Walker, July 3, 1996)

 

Dr. Williamson was ignored by the former Wife. Identical concerns were raised in Susan Kontos’ Home Study Report of April 30, 1997:

Ms. Walker admits knowing that Ms. Klotch’s husband has been in prison for sexually abusing a young child, yet Ms. Walker continues to allow Ms. Klotch to care for Ian in the Klotch home. There is also evidence that Ms. Klotch has cared for Ian at her home during the weekends.

 

Pedophiles have a strong, almost irresistible, desire to have sex with children. According to the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, pedophilia is “usually chronic, especially in those attracted to males. The recidivism rate for individual with Pedophilia involving a preference for males is roughly twice that for those who prefer females” (p. 528). The risk to children is well known, and the protection of children against pedophiles is a matter of “paramount government interest.”

The Legislature finds that sexual offenders, especially those who have committed offenses against minors, often pose a high risk of engaging in sexual offenses even after being released from incarceration or commitment and that protection of the public from sexual offenders is a paramount government interest. (§943.0435(12) Fla. Stat. (2004))

 

On April 10, 2003, Dr. Robert Lehton filed a report with the Florida Department of Children and Families, detailing seven counts of child abuse by the former Wife. Dr. Lehton also conducted a psychological evaluation of Ms. Klotch, leading to her being considered a threat to the children.

Beginning in late 1996 or early 1997, the former Wife and her paramour lived in an open, adulterous relationship in the marital residence, in the presence of the minor child.

In early 1997, the former Wife became pregnant and filed her Motion for Bifurcation. The former Wife gave birth in late December 1997.

On May 14, 1997, the case was bifurcated, dissolving the marriage, in the Final Judgment as to Dissolution of Marriage Only.

The former Wife's paramour, and now husband, Daniel H. Edel has been the defendant in three domestic violence actions, and one violation of a domestic violence restraining order action after the former Wife married Mr. Edel. The 2005 case involved Ms. Alica Spina (05-2003-DR-057126-XXXX-XX) being granted a domestic violence restraining order with children. The Department of Revenue subsequently successfully brought a paternity and child support action (05-2004-DR-074699-XXXX-XX) in Ms. Spina’s behalf. Mr. Edel is currently paying child support for the child that he fathered in an adulterous relationship with Ms. Spina.

On September 15, 1997, the court rendered its Final judgment of dissolution of marriage, 284 days (9 months, 10 days) after the end of the first trial. On October 23, 1998, the Fifth District Court of Appeals reversed the case due to the delay, and remanded the case for a new trial with the provision that custody may be revisited on remand. See Walker v. Walker, 719 So. 2d 977, (Fla 5^th DCA 1998).

The second trial began on December 17, 2001, 1,163 days (3 years, 2 months, 6 days) after remand, the Honorable Meryl Allawas presiding. The second trial ended on January 29, 2002. It was not until December 11, 2003, that the trial judge rendered her amended final judgment of dissoLUTIon of marriage, 682 days (1 year, 10 months, 13 days) after the last day of the trial, and 3,004 days (8 years, 2 months, 21 days) after the former Wife filed her Petition for Dissolution of Marriage. On December 22, 2003, the former Husband filed his motion for rehearing and motion to vacate amended final judgment of dissolution of marriage.

On May 5, 2003, Judge Allawas issued her order granting respondent’s motion for rehearing and motion to vacate the amended final judgment of dissolution of marriage.

On March 31, 2006, the Fifth District Court of Appeal reversed this Court's Order granting the former Husband's Motion To Vacate Amended Final Judgment Of Dissolution of Marriage.

On July 28, 2006, the former Husband filed his Jurisdictional Brief with the Florida Supreme Court, requesting the Court to accept discretionary jurisdiction over the decision of the Fifth District Court of Appeal. The Supreme Court has assigned this case number SC06-1138.

On February 15, 2007, the Florida Supreme Court determined that it should decline to accept jurisdiction, and ordered that the petition for review be denied.

unresolved issues in this case.

1.                    The former Wife’s intentional child abuse of exposing the minor child to the pedophile, John Klotch.

2.                    The former Wife's dangerously flawed judgment of exposing the minor child to the pedophile, John Klotch.

3.                    The former Wife’s intentional child abuse of leaving the minor child in the care of Linda Klotch, despite knowing her history of alcohol and cocaine addition, gun violence, and marriage to a convicted pedophile.

4.                    The former Wife's dangerously flawed judgment of leaving the minor child in the care of Linda Klotch, despite knowing her history of alcohol and cocaine addition, gun violence, and marriage to a convicted pedophile.

5.                    The systematic interference by the former Wife with the former Husband’s rightful parenting time with the minor child.

6.                    The parental alienation of the minor child by the former Wife.

7.                    Parental Alienation Syndrome (PAS).

8.        Malicious Mother Syndrome In Divorce (MMSD). (See JOURNAL OF FAMILY VIOLENCE, VOLUME 10, NUMBER 3, p 253-264, 1995. DIVORCE RELATED MALICIOUS MOTHER SYNDROME. Ira Daniel Turkat, Ph.D.)

9.                    The former Wife’s perjury during the retrial.

10.                 The former Wife’s fraud upon the Court.

11.                 The ouster by the former Wife.

12.                 The return of the former Husband’s $43,500 paid to the former Wife’s attorney, Crisse Bates Foster in 1997.

13.                 The determination of need and ability to pay with respect to the former Husband’s attorney’s fees and costs in Walker v. Walker, 719 So. 2d 977, November 12, 1998.

14.                 The determination of need and ability to pay with respect to the former Husband’s attorney’s fees and costs in Walker v. Walker, 98-02128.

15.                 The debt owed by the former Wife to the paternal Grandmother.

16.                 The lack of return of the former Husband’s premarital property.

17.                 Other unresolved issues in this twelve-year old case.