• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Appealing a judges decision when filed for emrgency contempt hearing

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Michael6627

Junior Member
What is the name of your state (only U.S. law)? PA

I filed emergency contempt and modification petition. It was denied. Not only did judge deny it but he also changed the original order when he denied it.
The original order stated that I am supposed to see kids and times had to be set up VIA other parent. So ex decided to not let me see kids on thanksgiving and that is why I filed the emrgency petition so that I would not have to dal with same thing for christmas. THere is a schedule in original order for holidays but when judge denied the petition he also stated that all plans must be made via kids. Well that is an issue because this has happened before and this is why the original order said what it said. Ex was telling kids to not respond to mssages and all other things. So the 1st judge wrote in order that plans have to be made between parents not me and kids. So this judge decided that it is going to be between me and kids and I have not seen them and get no response. The onlt time I saw them was when they had 2 parties at my house. So they are being taught to use me and then nnot speak to me after that. How do to appeal this are judges just allowd to change an original order like that. Him changing that means I will never see kids. I am so devestated because that one little change allows my ex to defy court order.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? PA

I filed emergency contempt and modification petition. It was denied. Not only did judge deny it but he also changed the original order when he denied it.
The original order stated that I am supposed to see kids and times had to be set up VIA other parent. So ex decided to not let me see kids on thanksgiving and that is why I filed the emrgency petition so that I would not have to dal with same thing for christmas. THere is a schedule in original order for holidays but when judge denied the petition he also stated that all plans must be made via kids. Well that is an issue because this has happened before and this is why the original order said what it said. Ex was telling kids to not respond to mssages and all other things. So the 1st judge wrote in order that plans have to be made between parents not me and kids. So this judge decided that it is going to be between me and kids and I have not seen them and get no response. The onlt time I saw them was when they had 2 parties at my house. So they are being taught to use me and then nnot speak to me after that. How do to appeal this are judges just allowd to change an original order like that. Him changing that means I will never see kids. I am so devestated because that one little change allows my ex to defy court order.

The thing is, there was no emergency.

But aside from that, your order is a bit unusual - can you type word for word what it says about visitation (minus names)? How old are the children?
 

Michael6627

Junior Member
Appealing

The thing is, there was no emergency.

But aside from that, your order is a bit unusual - can you type word for word what it says about visitation (minus names)? How old are the children?
I am more upset about judge changing the fact that now I have to arrange with kids where as before I did not. THe order is only 1 1/2 years old

THIS IS THE ORIGINAL ORDER SEE NEXT POST FOR WHAT JUDGE CHANGES TO
See exact wording below:

f. Mother shall have physical custody of the children on Christmas Eve every year from 3:00 p.m. until 8 p.m. and on Christmas Day every year from 10:00 a.m. until 3:00 p.m.
g. Mother shall have custody of the children for New year’s Day in all even numbered years and from 10:00 a.m. until 3:00 p.m. in all odd and in all odd numbered years from 3:00 p.m. until 8:00 p.m.

16 16 16 17
 
Last edited:

Michael6627

Junior Member
I am more upset about judge changing the fact that now I have to arrange with kids where as before I did not. THe order is only 1 1/2 years old


See exact wording below:

f. Mother shall have physical custody of the children on Christmas Eve every year from 3:00 p.m. until 8 p.m. and on Christmas Day every year from 10:00 a.m. until 3:00 p.m.
g. Mother shall have custody of the children for New year’s Day in all even numbered years and from 10:00 a.m. until 3:00 p.m. in all odd and in all odd numbered years from 3:00 p.m. until 8:00 p.m.

16 16 16 17

THIS IS WHAT HE CHANGES IT TO
It is further ORDERED that the Ho1iday custody schedule set forth in Judge Order dated March 27, 2014 shall remain in full force and effect with respect to Christmas and New Years. It is further ORDERED that in connection with the Holiday custody schedule for Christmas and New Ycars and prior to any Hol iday partial physical custody with the children, parent and the children must both agree on the Holiday custody.


SO my issue now is that we are back to where we were before. If kids do not respond then I can not see them. So now what???? Does judge have a right to change the original order that another judge wrote?????????????
 
Last edited:

Michael6627

Junior Member
THIS IS WHAT HE CHANGES IT TO
It is further ORDERED that the Ho1iday custody schedule set forth in Judge Order dated March 27, 2014 shall remain in full force and effect with respect to Christmas and New Years. It is further ORDERED that in connection with the Holiday custody schedule for Christmas and New Ycars and prior to any Hol iday partial physical custody with the children, parent and the children must both agree on the Holiday custody.


SO my issue now is that we are back to where we were before. If kids do not respond then I can not see them. So now what???? Does judge have a right to change the original order that another judge wrote?????????????
My kids are being alienated. I have joint custody and have an equal say in many things (but not really) Only on paper. I am not allowed to be tolf anything and I am only okay to see when kids want to go away or have big parties at my house. Then it is okay. The therpist we see refuses to tell other side to follow court order. I am still waiting to hear an answer about where my one daughter is applying to college. So you see it is sick when you teach kids to hide information all the time.
 

LdiJ

Senior Member
My kids are being alienated. I have joint custody and have an equal say in many things (but not really) Only on paper. I am not allowed to be tolf anything and I am only okay to see when kids want to go away or have big parties at my house. Then it is okay. The therpist we see refuses to tell other side to follow court order. I am still waiting to hear an answer about where my one daughter is applying to college. So you see it is sick when you teach kids to hide information all the time.
The change appears to have to do with holidays only. What is the rest of your schedule with the children?
 

Zigner

Senior Member, Non-Attorney
My kids are being alienated. I have joint custody and have an equal say in many things (but not really) Only on paper. I am not allowed to be tolf anything and I am only okay to see when kids want to go away or have big parties at my house. Then it is okay. The therpist we see refuses to tell other side to follow court order. I am still waiting to hear an answer about where my one daughter is applying to college. So you see it is sick when you teach kids to hide information all the time.
It's not the therapist's job to tell the other side to do anything.
 

Michael6627

Junior Member
It's not the therapist's job to tell the other side to do anything.

Well that is not true. When a judge orders reunification therapy then there is a protocol. The therapist is supposed to encourage everyone to cooperate and if not that is supposed to be reportd to court.
 

Michael6627

Junior Member
The change appears to have to do with holidays only. What is the rest of your schedule with the children?
YES it only has to do with hoilday because that is what the motion was about. But if you look at what he wrote that now applies to anytime I see them.

I am not here to debate about what he said. My question is can you appeal something lik this when a judge chnge n origicnal ordr.
 

Just Blue

Senior Member
YES it only has to do with hoilday because that is what the motion was about. But if you look at what he wrote that now applies to anytime I see them.

I am not here to debate about what he said. My question is can you appeal something lik this when a judge chnge n origicnal ordr.
There was no Emergency. Therefor not a mistake in law.

If you have an attorney consult with him/her.

ETA;

I sent a link to a attorney/GAL to review your thread and give her learned advice.
 
Last edited:

Zigner

Senior Member, Non-Attorney
Well that is not true. When a judge orders reunification therapy then there is a protocol. The therapist is supposed to encourage everyone to cooperate and if not that is supposed to be reportd to court.
That is different than what I said. Furthermore, you never said it was court-ordered therapy, and FURTHERMORE, how are you in any way privy to what is being said in somebody else's therapy sessions?
 

Michael6627

Junior Member
That is different than what I said. Furthermore, you never said it was court-ordered therapy, and FURTHERMORE, how are you in any way privy to what is being said in somebody else's therapy sessions?
I have no idea what you are talking about. I am privy to what happens when I AM IN the therapy. I am not sure you understand the protocol. Again I am not here to debate about reunification therapy. The fact is that it will never work if everyone is not cooperating and if that is not happening then it will not work.
 

Michael6627

Junior Member
No, it does not. It applies to holiday visitation.


custody schedule for Christmas and New Ycars and prior to any Hol iday partial physical custody with the children, parent and the children must both agree on the Holiday custody.

it says "prior to" so that mean any times I am supposed to see them. But again I am trying to find out if there is any way to appeal this. I want to appeal this and am not sure if I can.
 

Michael6627

Junior Member
There was no Emergency. Therefor not a mistake in law.

If you have an attorney consult with him/her.

ETA;

I sent a link to a attorney/GAL to review your thread and give her learned advice.

So when you file a motion a judge can change the original order and you have no rights to appeal that.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top