Whats the difference between a violation of custody and contempt?

[my3redrozes]

What is the name of your state?PA

Whats the difference in PA between a violation of court orders and contempt of court? My attorney said that filing contempt charges probably wont stick, but filing a complaint of violation of court order might. Whats the difference?

 

[BL]

What is the name of your state?PA

Whats the difference in PA between a violation of court orders and contempt of court? My attorney said that filing contempt charges probably wont stick, but filing a complaint of violation of court order might. Whats the difference?

Duplicate Post :

See: https://forum.freeadvice.com/showthread.php?t=271830


A Judge may find a Party to a Court Order in contempt for violating a Court Order , meaning the Judge Could in their discretion , impose sanction(s) , which may include , Attorney Fees,a Fine , incarceration, Admonishment , a combination of them , or none .

We do not know the circumstances of your case , or what your attorney is advising to file .

There are Contempt Petition , then there are Modification Petition citing the Violations .

Apparently your Attorney advised , like mine did to file the Modification .

You can then have a Hearing on all the issues , not Just limited to the Contempt .

 

[my3redrozes]

Whats happened is that my stbx has primary physical custody at the moment and Ive got partial physical custody when both parties can agree. Of course he never agrees as to when I can see the girls. I must ask him first and if he says no, its no. He denies my visits with the girls, and does NOT encourge them to contact me at all. This is my complaint.
My attorney states to me that filing a violation of custody complaint would be best. Can this be addressed before the hearing in Oct or can it be addressed at the hearing? The hearing is being held to modifiy custody and bring the girls back home where they were born.
Of course he took them out of state held them out of state for 6 months to gain their residency in that state. I also know that if this is well proven, the UCCJA will not pertain here.

 

[VeronicaGia]

Whats happened is that my stbx has primary physical custody at the moment and Ive got partial physical custody when both parties can agree. Of course he never agrees as to when I can see the girls. I must ask him first and if he says no, its no. He denies my visits with the girls, and does NOT encourge them to contact me at all. This is my complaint.
My attorney states to me that filing a violation of custody complaint would be best. Can this be addressed before the hearing in Oct or can it be addressed at the hearing? The hearing is being held to modifiy custody and bring the girls back home where they were born.
Of course he took them out of state held them out of state for 6 months to gain their residency in that state. I also know that if this is well proven, the UCCJA will not pertain here.

Then you need a court order that states days, dates and times of visitation, not "as agreed."

Also, how long has he had custody? You'll need on heck of a change of circumstances to not only change custody but to move them out of state and away from the current custodial parent.

 

[my3redrozes]

He has had primary physical custody for a year. As I said he diliberately left their home state, and took them out of state and kept them in that state for 6 months to gain their residency so that he could get custody. Now, the reason why he got primary physical custody, is only because when I was served with the custody papers I called an attorney to possibly represent me for the custody conference, where he was suing me for custody. I was told by this attorney that I talked to, that her best advice would be for me NOT to retain her, just dont show up at the custody conference, and appeal the judges decision after the conference. I do have an affidavit proving that this is what this attorney stated to me. And due to this bad advice, I lost by default, and am struggling to re-gain my kids.

 

[VeronicaGia]

He has had primary physical custody for a year. As I said he diliberately left their home state, and took them out of state and kept them in that state for 6 months to gain their residency so that he could get custody. Now, the reason why he got primary physical custody, is only because when I was served with the custody papers I called an attorney to possibly represent me for the custody conference, where he was suing me for custody. I was told by this attorney that I talked to, that her best advice would be for me NOT to retain her, just dont show up at the custody conference, and appeal the judges decision after the conference. I do have an affidavit proving that this is what this attorney stated to me. And due to this bad advice, I lost by default, and am struggling to re-gain my kids.

Did your attorney sign an affidavit to this effect? If so, you need to file a complaint, since this is about the worst advice possible, and something even us laypersons would never say.

Getting a default ruling overturned is next to impossible. The judge will figure you didn't care enough to come to court the first time you had the chance, why should he/she care about what you have to say now.

 

[my3redrozes]

Actually I was in my divorce attorneys office, and he was making calls to PA attorneys on speaker phone, with me involved in the calls. It was my divorce attorney who wrote the affidavit and swore to what he, and myself and his parralegal heard. I also know the attorneys name who stated this advice. I was told though that filing a complaint wouldnt do me any good,as I hadnt retained the attorney who gave me this advice. I was told had I did retain her, I could go after her, but I cannot do this now. This affidavit IS part of my custody file in the hands of my attorney custody attorney that I have now.

 

[stealth2]

I find it difficult to believe that, not only did one attorney GIVE you that advice, the one who was handling your divorce didn't tell you how terrible that advice was. I don't think you're going to get far on the basis of that affadavit.

 

[my3redrozes]

Well I had two bad attorneys one for the divorce (which by the way he's been fired from the office I got him at) and bad advice from several attorneys in PA. Ive been screwed all the way around. If you'd like, I will gladly email you a copy of the affidavit so you can see exactly what it says. Just give me your email address. Not a problem.

 

[BL]

As far as visitation and the way the Order is written , it is vague .

That's why your present Attorney says Contempt won't fly.

In order for a Court to Find a Party in Contempt , there has to be specified Order , and that the Party was aware of it's contents .

Here , There is no clear scheduled visitation .

Now your attorney is advising you to File modification , and claim the Father has been unwilling to agree at ALL on visitations , frustrating your Mother/Child relationships . You may end up with more visitation times , but make sure they a specific as to Dates and times , in the Modification .

 

[my3redrozes]

Well see the only thing is, is that they are out of state, and in order for me to see them, it takes a lot of money to go back and forth, to see them in a state that they were taken out of for no reason. There was no reason to move the kids out of state. The only reason he's got, is to keep them out of state to gain their legal residency THERE. Other wise there was not a reason on earth to do this.
This is another thing we want to show the judge. we're trying to get them back to their home born state.