The hearing was in Hamilton at 1PM. Basically nothing happened because Carmen had been denying visitation. The GAL had no information to report as a result. I didn’t get to go into the courtroom. According to Stewart and Bruce, Magistrate Parker lectured Carmen. The statement issued says:
CASE IS SET FOR TRIAL ON JUNE 6, 2005 FOR A HALF DAY BEGINNING AT 8:30am AND ON JUNE 13, 2005 FOR ANOTHER HALF DAY BEGINNING AT 8:30am BEFORE MAGISTRATE PARKER. MAGISTRATE PARKER WILL ALSO CONDUCT A REVIEW OF THE CONTEMPT HEARING HELD LAST MONTH.
ISSUE OF COST ALLOCATION FOR GAL IS RESERVED FOR FINAL HEARING.
MS. R WAS ADMONISHED THAT MR. R MUST BE PERMITTED TO EXERCISE HIS PARENTING TIME OR THE COURT WILL NOT HESITATE TO INCARCERATE MS. R. SHE HAS NOT COMPLIED WITH THE COURT’S ORDERS AND, AS A RESULT, THE GAL HAS NOT EVEN BEEN ABLE TO OBSERVE THE CHLD WITH HER FATHER. MR. R’S NEXT VISIT IS THE WEEKEND OF APRIL 9.
In the hallway, Bruce and Corina negotiated whether or not Stewart could have Carrie for a visit on the upcoming Friday, March 25. Stewart’s birthday is March 26 and Easter is on March 27. Carmen refused to comply. Corina said that according to the agreement, the parents alternate holidays and that this is Carmen’s holiday. This reasoning makes no sense, because Stewart has NEVER had Carrie for a holiday visit. The final result is that Stewart cannot pick up Carrie until April 8.
Wednesday, March 23, 2005
Sunday, March 20, 2005
Upon returning to Lexington I received two voicemail messages from Gilda S. She wants to schedule a visit at my house in order to observe Stewart with Carrie. I found out from Stewart that Carmen wasn’t home on March 11 and denied visitation on March 18. He called the police both times in order to get reports.
Wednesday, March 09, 2005
Stewart and I placed a three-way call to Bruce H. I’m going on vacation from March 11-March 20 and am concerned about Carmen’s accusations that I assaulted her. What if she decides to file a CPO against me while I’m out of town? Will I be banned from contacting her or Carrie? Bruce said that I would have to be served in order for the CPO to go into effect. If I’m out of town, I can’t be served.
We also asked why continue going every week until June 13 if Carmen is going to refuse each time? Can we go ahead and file a new motion for contempt? He said that we could go ahead and file another contempt motion if Stewart wanted. He also told us about a motion that Carmen filed in order to restrict Stewart's visitation to supervised only. A guardian ad litem has also been appointed. Her name is Gilda S. The hearing is March 23 at 1PM. It’s more of a conference. An evidentiary hearing will need to be scheduled.
Labels: Attorney, Court, Phone Call
Friday, March 04, 2005
Stewart and I went to Middletown to pick up Carrie. Kent drove. We arrived at approximately 8:02PM according to the video camera clock. When Carmen answered the door she only opened the door a few inches and held the storm door open a few inches also. She asked what we wanted. Stewart told her we were there to pick Carrie up. As she started to speak, a car drove by and honked its horn. I didn’t hear anything she said. I grabbed the handle of the storm door with my left hand because I was holding the video camera with my right hand. I told her that I couldn’t here what she said. She looked at me and said, “I don’t give you permission to videotape me.” Stewart said that he had given his permission. Carmen said, “No, you don’t.” Stewart reiterated that he did. Carmen again said “No” and reached for the storm door to close it. The bottom corner of the door caught on my foot, but Carmen tugged until it closed. Then she closed the interior door.
While I continued to videotape, Stewart called the police. He explained that he was at 717 Vancouver Street attempting to pick up his daughter for visitation and that his ex-wife had refused. We sat in the car and waited.
Within a few minutes, two police cars showed up. One officer was in each car. In one car was also a nurse doing a “ride along”. One officer went inside Carmen’s house while the other officer and the nurse asked Stewart and me some questions. Then the 2nd officer and the nurse went inside also. We waited in the car.
A few minutes later both officers and the nurse came out. The officer who went in first stated to Stewart and me that he was going to file the report. The other officer and the nurse left. The reporting officer more interested in my identification than previous officers had been. After I gave him all my information, he told me that Carmen complained to him that I assaulted her by causing the door to scratch her arm. I asked if he thought the scratch was fresh. He said it was red and puffy. Then I explained to him what had happened, including the fact that I was holding a video camera the whole time. He indicated that it sounded a bit ridiculous to him. He told us that he explained to Carmen that if she wanted to file a complaint, she would have to go to the station to do it. Then he gave Stewart and me the usual speech about how this is a civil matter and that we have to take it back to court. We acknowledged that we understood and that we only wanted a report from him.
We left 717 Vancouver at 8:32PM and arrived at my house by 10:15PM.