Is this blackmail

[CTU]

What is the name of your state (only U.S. law)? Pa

We signed a separation agreement months ago agreeing to give me custody. On 7 July my wife picked up the kids and has refused to give me the kids since than.

Email from lawyer "IF you sign the document (giving her full custody) she would consider you having them for the weekend and returning them Sunday. Sign the document, have the kids for the weekend, return them Sunday."

I have other emails similar to this but don't make since unless you read the prior emails.

Court rejected their emergency relief of custody they filed on 30 June 2017. They found zero grounds to keep me from having maintaining custody of our kids.


If so should I contact the pa bar association now or after our custody hearing?

No, this is not blackmail.

You have no complaint.

 

[limpyL]

Is "blackmail" the wrong word? Is it legal what is being done keeping our kids from seeing me unless I sign papers giving her full custody? It seems wrong to keep them from seeing me when I have not done anything wrong in the courts eyes.

Would it be coercion?

 

[Taxing Matters]

Is "blackmail" the wrong word? Is it legal what is being done keeping our kids from seeing me unless I sign papers giving her full custody? It seems wrong to keep them from seeing me when I have not done anything wrong in the courts eyes.

Would it be coercion?

No. You still have the choice to see them in court when you bring the contempt action for failing to follow the agreement (assuming that agreement was approved by the court — was it?). The lawyer’s response tells you as much: if you don’t agree to what they want, you can litigate it in court.

 

[quincy]

limpyL, please do not start additional threads on this same issue.

This thread was reported and the moderator will decide if one of the threads you started in the family law section or this one will remain. A single thread is all that is necessary on this site.

Thanks.

 

[limpyL]

No it was not filed in court. I went down to the court house and asked how i could get it filed and I was told that i could only get it filed as an attachment with a "divorce filing" or some action like that. She would not agree to a non contested divorce so i would have to wait nearly a year to file it. They have also not had any documents filed outside of the Emergency relief of custody that was denied..

How is it legal (if thats what your saying) to keep my kids away from me when a judge denied the emergency relief of custody where her lawyer listed 21 reasons (#13 wife thought she saw husband drive by a gas station where she was waiting) also including the terms "imminent danger and wife fears for the safety of the children". now they are keeping the kids from me because 1. She is concerned about your stability and 2. Based on your behavior she is confident you would not return them to her.?? How can they go against the judge??? they are keeping the kids from me for the same reasons the judge 2 weeks ago disagreed with them on..

Im having a tough time understanding that. NOTHING has happened from the denial to today.

If this is perfectly legal/ethical/moral how does it look at the time of the hearing for them and myself?


Im sorry. My first post was to ask if it would be considered blackmail. I was told no. So my next post although the same was directed towards child custody issues.

Would you be able to move this post to the child custody forum?

Thank you

 

[quincy]

Im sorry. My first post was to ask if it would be considered blackmail. I was told no. So my next post although the same was directed towards child custody issues.

Would you be able to move this post to the child custody forum?

Thank you

The moderator will look into that.

 

[limpyL]

The moderator will look into that.

Could I retitle it as well?

 

[quincy]

Could I retitle it as well?

I honestly don't know. I am not sure how to change the title of threads. Again, the moderator will look into it.

The "blackmail" title is probably attracting the attention of readers, though, so I am not sure a change is necessary. Those who routinely post in the family law section of the forum will still see your thread here and will respond with advice if they have any to offer.

 

[not2cleverRed]

No it was not filed in court. I went down to the court house and asked how i could get it filed and I was told that i could only get it filed as an attachment with a "divorce filing" or some action like that. She would not agree to a non contested divorce so i would have to wait nearly a year to file it. They have also not had any documents filed outside of the Emergency relief of custody that was denied..

How is it legal (if thats what your saying) to keep my kids away from me when a judge denied the emergency relief of custody where her lawyer listed 21 reasons (#13 wife thought she saw husband drive by a gas station where she was waiting) also including the terms "imminent danger and wife fears for the safety of the children". now they are keeping the kids from me because 1. She is concerned about your stability and 2. Based on your behavior she is confident you would not return them to her.?? How can they go against the judge??? they are keeping the kids from me for the same reasons the judge 2 weeks ago disagreed with them on..

Im having a tough time understanding that. NOTHING has happened from the denial to today.

If this is perfectly legal/ethical/moral how does it look at the time of the hearing for them and myself?

Im sorry. My first post was to ask if it would be considered blackmail. I was told no. So my next post although the same was directed towards child custody issues.

Would you be able to move this post to the child custody forum?

Thank you

It sounds like you have some sort of temporary orders approved by a judge.

The judge, less than a month ago, told her that she did not lave grounds to change the custody agreement.

She is in violation of those orders.

You go back to court, and ask that she be found in contempt. Furthermore, ask that the children be returned to your custody and that all communications about the children go through OurFamilyWizard (or whatever is the court approved communication of choice). That way the communications are more easily admissible.

Her attitude is going to do her in - she's in danger of winding up with supervised visitation if she keeps this up. Seriously, she petitions for emergency change of custody based on worries that you won't return the children... then refuses to return the children? SMH.

 

[limpyL]

"It sounds like you have some sort of temporary orders approved by a judge."

We have nothing in place.. We signed a separation agreement which was notarized. We have been following that since 1 March 2017. We have had hiccups on time and location because it was not perfect. we left out time and locations for drop off and time for pick up during summer time. other than that we followed it to the tee.

"The judge, less than a month ago, told her that she did not lave grounds to change the custody agreement. She is in violation of those orders."

The judge denied the Emergency Relief of Custody and wrote "proceed to conciliation expeditiously" that was it. In my eyes i took it as he found no grounds to change our agreement, even thou it is not legally binding, and to "continue" (for a lack of better words) with it.

You go back to court, and ask that she be found in contempt. Furthermore, ask that the children be returned to your custody and that all communications about the children go through OurFamilyWizard (or whatever is the court approved communication of choice). That way the communications are more easily admissible.

Her attitude is going to do her in - she's in danger of winding up with supervised visitation if she keeps this up. Seriously, she petitions for emergency change of custody based on worries that you won't return the children... then refuses to return the children? SMH.

Is there any PA CODE or PA CASE I can read on that goes more into this? I suffer from PTSD and have been having night terrors, nightly. The only way I'm able to control it is to learn as much about it to my mind is at ease. Her and her lawyer both know this and I feel that they are keeping them away to trigger an out burst to prove I am a violent person.

What is to be said about what her lawyer is emailing me? give her custody than you can see the kids.. that seems very disturbing.