Stewart and I just finished a telephone conference with Bruce H. He is going to file a motion for contempt of court against Carmen for denying Stewart his weekend visits with Carrie. I asked several questions, including the following:

1. What is likely to happen at the hearing? We have to show that Carmen has violated the court order for visitation. She is likely to use Carrie’s alleged medical condition(s) as her reasoning. She has to show just cause for violating the order. If she is found in contempt she could be ordered one or more of the following: up to 30 days in jail; $250 fine; reimburse attorney fees ($350). Instead of jail or a fine she can be given the opportunity to allow Stewart make-up visits and agree to continue to allow his alternating weekend visits. We can request that she be ordered to bring Carrie to court and allow Stewart to begin his visits that day if she is found in contempt.
2. What if she is given such an opportunity and then doesn’t comply? We will go back to court again for contempt. The judge/magistrate will then have the option to increase her incarceration to 60 days and impose the fine. We can ask for an order that allows the police to intervene and take Carrie from her home and hand her over to Stewart when he comes to pick her up. How likely? Don’t know.
3. How many times do we do this before we just give up? After the second contempt hearing we can file a motion to have the custody arrangement changed.
4. What should we get from the doctor(s)? Bruce suggested that we first talk to Eddi the social worker from Cincinnati Children’s. Be prepared to fax a copy of the letter. Tell her what’s going on and how to approach Dr. K. Then call Dr. K and tell her the details of the situation. Tell her that Carmen is waving her letter around using it as reason to deny Stewart’s visitation rights.
   

We then called the Middletown Police Department to find out how to request records. Stewart still needs to get April 23, 2004, August 27, 2004, and October 1, 2004. He is to send a SASE to Middletown Police Department, ATTN: Police Records, 1 Donham Plaza, Middletown, OH 45042. I suggested that he send two SASE’s: one for him and one for Bruce H.

I left a message for Eddi R at Cincinnati Children’s Hospital.