MICHAEL

Ron told me to meet him thirty minutes early outside the room where the mediation was going to be held. He wanted me to get any paperwork I could find. I got home to discover some of Ben’s stuff missing. I looked through the house and it looks like he took things he needs for school. I tried calling him, I wanted him to be here with me today. I called Hunter and he told me he was at work and he had no idea what Ben was doing.

I looked through the shoe box I threw papers in. I didn’t find anything about the custody but found pictures of Brian and me when we were still in high school. I was still mad about the restraining order but if I give him a day or two, he should calm down.

I was running ten minutes late, I should have gone to bed earlier. Ron wasn’t happy with me.

“Mr Novotny, I asked you to be here ten minutes ago. We are severely limited on time already. Were you able to get a copy of the agreement with Ms. Marcus?” He asks me.

“I looked but I’m sure I didn’t get a copy. It shouldn’t matter, this is about Mel not making sure the JR was supervised.” I tell him.

“Mr Novotny, we have to prove she knowingly left JR without care. Ms Peterson is the one guilty of not being at the school to pick your daughter up.” He tells me.

“Well, they’re the custodial parents right?” I snap at him.

“Ms Marcus is the custodial parent. Ms Peterson was a caretaker in this situation. Is your husband going to be here?” Ron tells me.

I told Ron that Ben couldn’t get out of a meeting. Ron told me that I should have stressed to Ben that this was important. He tells me that if there are going to be any surprises, he needs to know now. I told him to just do his job.

MEL

My lawyer, Gabe, told me he would meet me in the room. We had the case ready by Saturday morning. He told me Michael’s latest stunt is just the icing on the cake. I wasn’t even nervous about this mediation. I remember the first one and I spent so much time worrying Michael would win. This time it seems like a process we have to go through to set terms.

Michael and Ron walk in together.

“Your lawyer running late Mel?” Michael smirks at me.

“I’m right behind you Mr Novotny,” Gabe tells him. Gabe comes over and sits down.

“You hired the bloodsucker, Mel. Afraid of me?” Michael sneers at me.

“Actually Mr Novotny, Mel came to me since I’m familiar with this case,” Gabe tells Michael.

Michael’s lawyer tells him to sit down and let him do his JOB. Ron has apparently been dealing with Michael too long. The mediator came in and introduced herself to the lawyers and us.

“I’m Nancy Johnson, and this is an informal hearing. We need to determine if the two of you can come to a compromise. I want to hear why we are once again trying to restructure the custody agreement. Please stick to facts and let’s try to make this a constructive session.” She tells us. Ron, why don’t you begin. Why does Mr Novotny want to change primary custody?

“Mr Novotny, as a concerned father, feels that Ms Marcus and Ms Peterson are not providing proper supervision of Jenny Rebecca Novotny-Marcus. On four occasions, Jenny Rebecca was left at the school after the hours of pick-up by Ms Peterson. The fourth occasion was for over an hour. The school ended up contacting the parents after no one being there an hour after the pickup time. Ms Peterson was unable to be contacted. Ms Marcus was finally found after the fathers of Gus Peterson-Marcus already arrived at the school. The children have had excessive unexcused tardies, and the school Principal was extremely concerned and wanted the parents to meet with him before allowing the children to go home. Ms Marcus works long hours and has left the children in the care of Gus Peterson-Marcus’s father Brian Kinney and his partner Justin Taylor. Mr Novotny feels if given primary custody he could provide Jenny Rebecca with better supervision.” Ron tells her.

“Gabe, your statement,” Nancy tells Gabe.

“We don’t dispute the fact that due to Ms Peterson, the children were not being properly supervised. Ms Peterson is, in essence, the at-home caregiver to Jenny Rebecca. Ms Marcus is the provider in the family and has had to depend on Ms Peterson to take care of Jenny Rebecca. On the fourth occasion, Ms Marcus was in court and was unable to answer the phone. Mr Kinney and Mr Taylor, upon being called were able to get to the school within ten minutes. Ms Marcus, who has at times depended on Mr Taylor and Mr Kinney to care for Jenny Rebecca, called Mr Kinney as soon as she was out of court. She proceeded to the school to speak to the principal. Mr Taylor and Ms Marcus worked out with the principal an appropriate plan to keep the incidents from happening again. I would like to add that Mr Novotny was called at that time and the response was that he was working and couldn’t come to the school.” Gabe tells her.

I see Ron looking at Michael. Guess Michael forgot to mention that to him.

“Is there anything you would like to add Ron?” She asks. Ron tells her not at this time. She asks Gabe the same.

“Yes, I would like to introduce some facts to aid in making a decision on Mr Novotny’s appropriateness in having primary custody,” Gabe tells Nancy. Nancy tells him to proceed.

“On the day in question, Mr Novotny did make an appearance at Ms Marcus’s house. He seemed to more concerned with arguing with Ms Peterson then helping to resolve the problem with the Jenny Rebecca. Mr Novotny and Ms Peterson proceeded to fight over Mr Kinney and Mr Taylor. The argument was about, and please excuse the language, Mr Novotny wanting to suck Mr Kinney’s penis and Ms Peterson wanting to suck Mr Taylor’s penis. Mr Kinney was able to stop the argument. Mr Taylor and Ms Marcus worked out a nanny situation with Mr Taylor picking up the children and caring for them until Ms Marcus could get the children. Ms Peterson at the moment is not involved. The principal has provided a letter to commend them for resolving the situation.” Gabe stops for a minute.

“As to Mr Novotny’s ability to show parental concern for Jenny Rebecca. Mr Novotny has left Jenny Rebecca in the care of Mr Kinney and Mr Taylor, only visiting her three times for less than fifteen minutes when Jenny Rebecca has been in their care. He has had three weekend visitations, where instead of planning to spend time with Jenny Rebecca, he tried to take her home to Ms Marcus once, and left her with Mr Taylor on all three occasions, picking her up on Saturday, instead of Friday. Last weekend was also his weekend and he called Mr Kinney and told him he had plans Friday and was unable to get Jenny Rebecca. Then on Friday, without letting Ms Marcus know, he checked Jenny Rebecca out of school for a visit, resulting in an unexcused early release. Mr Taylor got to the school and had to search for Jenny Rebecca until the school secretary informed Mr Taylor of the early release. Mr Taylor contacted Ms Marcus to find out if the plans had changed and he wasn’t informed. Ms Marcus contacted Mr Novotny to be informed that Mr Taylor needed to come to pick up Jenny Rebecca. Mr Kinney decided that he would go to Mr. Novotny’s house. Mr Novotny let Mr Kinney take Jenny Rebecca home with him. Arrangements were made for Jenny Rebecca to be picked up by Mr Novotny at ten the next morning. Mr Novotny didn’t show or call till three in the afternoon and was told to call Ms Marcus to arrange for him to get Jenny Rebecca. Mr Novotny waited till nine pm and contacted Mr Taylor and was told Jenny Rebecca was asleep and he could go to his mother’s home at lunch on Sunday if he wanted to see Jenny Rebecca. Ms Marcus stayed through lunch and an hour after, once again Mr Novotny didn’t show.” Gabe looks down at his notes.

“One of my investigators followed Mr Novotny on Friday night, where he proceeded to drink and is suspected of buying Ecstasy for personal use. He and Ben Bruckner stayed out till four in the morning and then left to go home. Mr Novotny drove home drunk. I have a list of the drinks that were consumed during the evening from the bartenders who served Mr Novotny.  Mr Novotny was also followed to Mr Kinney and Mr Taylor’s loft in Pittsburg and was staying in the loft without permission. Yesterday afternoon, my investigator reported that he was illegally in the loft. Mr Kinney, upon finding out, had the police remove Mr Novotny from the loft and served him with a restraining order. Mr Novotny is consequently not allowed within five hundred yards of the Taylor-Kinney family. Mr Kinney was kind enough not to have him arrested for trespassing. I have the investigator's report and the investigator is outside the room if we need to call him. I feel with this information Mr Novotny should only be allowed supervised visitation until the matter with Mr Kinney is resolved.” Gabe then tells Nancy he is finished.

Nancy read through the report and asked if Ms Peterson is supervising the children alone. I told her that we are in counseling but I could not in good conscience allow her to take the children alone.

Nancy asked Michael if he had anything to say about the statements Gabe made.

“They make it impossible for me to spend time with JR. I can’t pick Jenny Rebecca up from them and Mel is just as responsible to make sure the kids are being cared for.” Michael tells her.

“Mr Novotny, how much time have you spent with your daughter, since the school incident?” Nancy asked Michael.

“I spent any time I could.” Michael is such a liar.

“Nancy, I have a schedule with the time he has spent with her, which includes the fact that he missed his visitation,” Gabe tells Nancy. He passes her a copy of the schedule the investigator made and the ones Justin and I wrote.

“This isn’t about my visits, it’s about Mel not arranging proper supervision for Jenny Rebecca,” Michael tells Nancy.

“Mr Novotny, from what I see Ms Marcus worked to resolve the situation. Reading the investigator’s report I worry about your devotion to Jenny Rebecca. It seems you were escorted from the Tremont street loft at midnight recently after causing a scene and then for unlawful entry to the same building. If this were to go to a courtroom Mr Novotny, you will most likely lose custody of your daughter. It also concerns me that you are not providing for any of Jenny Rebecca’s expenses but I see where you are asking for child support from Ms Marcus. I’m going to grant Ms Marcus’s petition that your visits are supervised until you seek help.” Nancy signs the paperwork and it’s done.

Michael’s lawyer doesn’t look thrilled at the moment.

MICHAEL

I can’t believe they think Mel is a better parent than me. Ron tells me I can take this to court if I want. He advised against it though because he said there isn’t a lawyer who could win this case. I told him that if he had done his job, none of this would have happened.

“Mr Novotny, my job is to present the facts. None of which you provided. I suggest you drop this because you could and most likely will lose your daughter completely if this goes to court.” Ron tells me and walks away.