What is the name of your state (only U.S. law)? PA
When serving someone a notice to appear, can it be concealed with other paperwork so that they will accept it? Or does it have to stand alone?
When someone is found in contempt of a custody order, that is considered civil and not criminal contempt, correct? Also what are the consequences of contempt when violating a custody order?
I have two orders issued through family court where it was ordered that my son is to stay away from 3 of his cousins on NCP's side. They aren't labeled as PFA's or Stay Away orders, but I wanted to know if they would be treated similarly since the reason they were order was to keep them away to protect my son from further sexual abuse?
I can't find anything in the law code about contempt in PA for violating a custody or visitation order on it's own. Just under support orders or PFA orders. But I am probably just looking in the wrong places
Background - I have primary physical and legal custody and live in MD. Dad gets 2nd weekend a month where I provide 100% transport and an option of the 4th weekend provided he do 50% of the transportation. He has not exercised that option as of yet He also gets July 1-15 each year in lieu of his weekends for that month.
The orders state:
"...FATHER SHALL INSURE THAT THE CHILDREN T AND R SHALL NEVER HAVE ANY CONTACT WHATSOEVER WITH (my son)..."
T and R are cousins of my son.
and
"...CURRENT CUSTODY ORDER AMENDED TO INCLUDE CHILD, (my son), IS NOT TO BE IN THE PRESENCE OF HIS COUSIN M UNDER ANY CIRCUMSTANCES EVEN IN THE PRESENCE OF A THIRD PARTY UNTIL FURTHER ORDER OF THE COURT."
Dad's twitter page is public, and he posted a video of his baby shower where you can clearly see my son and Cousin M. When I asked son about it, he told me that yes he was there and it wasn't the first time since his father had visitation reinstated in May of this year that he had been in the presence of Cousin M. In fact, there were at least 4 occasions since July and that he had also seen Cousin R and T on at least 2 occasions.
I have filed for an expedited contempt hearing and the date is set for Oct 7. I also reported it through ChildLine because in speaking about the situation to my counselor, she said since she is a mandated reporter, if I didn't, she would have too. That was last Tuesday, and I still haven't heard back from DHS in Philadelphia. I honestly don't think that they will open a case for this. They most likely will tell me to do what I am already doing, and handle it through family court.
This is also not the first time he has had my son around the cousins, but this is the first time I have had solid proof. When the issue was brought up in another hearing in March of this year (for a separate issue), Dad admitted in open court that he had allowed our son to be in the presence of the cousins. The judge specifically told him - Look, you either need to apply to have to orders vacated or comply. That he can't just ignore the court orders because he would just end up right back in court. I have a transcript request order in so that I can have it for court. Hopefully that portion was transcribed and not off the record.
Thanks!
When serving someone a notice to appear, can it be concealed with other paperwork so that they will accept it? Or does it have to stand alone?
When someone is found in contempt of a custody order, that is considered civil and not criminal contempt, correct? Also what are the consequences of contempt when violating a custody order?
I have two orders issued through family court where it was ordered that my son is to stay away from 3 of his cousins on NCP's side. They aren't labeled as PFA's or Stay Away orders, but I wanted to know if they would be treated similarly since the reason they were order was to keep them away to protect my son from further sexual abuse?
I can't find anything in the law code about contempt in PA for violating a custody or visitation order on it's own. Just under support orders or PFA orders. But I am probably just looking in the wrong places
Background - I have primary physical and legal custody and live in MD. Dad gets 2nd weekend a month where I provide 100% transport and an option of the 4th weekend provided he do 50% of the transportation. He has not exercised that option as of yet
He also gets July 1-15 each year in lieu of his weekends for that month. The orders state:
"...FATHER SHALL INSURE THAT THE CHILDREN T AND R SHALL NEVER HAVE ANY CONTACT WHATSOEVER WITH (my son)..."
T and R are cousins of my son.
and
"...CURRENT CUSTODY ORDER AMENDED TO INCLUDE CHILD, (my son), IS NOT TO BE IN THE PRESENCE OF HIS COUSIN M UNDER ANY CIRCUMSTANCES EVEN IN THE PRESENCE OF A THIRD PARTY UNTIL FURTHER ORDER OF THE COURT."
Dad's twitter page is public, and he posted a video of his baby shower where you can clearly see my son and Cousin M. When I asked son about it, he told me that yes he was there and it wasn't the first time since his father had visitation reinstated in May of this year that he had been in the presence of Cousin M. In fact, there were at least 4 occasions since July and that he had also seen Cousin R and T on at least 2 occasions.
I have filed for an expedited contempt hearing and the date is set for Oct 7. I also reported it through ChildLine because in speaking about the situation to my counselor, she said since she is a mandated reporter, if I didn't, she would have too. That was last Tuesday, and I still haven't heard back from DHS in Philadelphia. I honestly don't think that they will open a case for this. They most likely will tell me to do what I am already doing, and handle it through family court.
This is also not the first time he has had my son around the cousins, but this is the first time I have had solid proof. When the issue was brought up in another hearing in March of this year (for a separate issue), Dad admitted in open court that he had allowed our son to be in the presence of the cousins. The judge specifically told him - Look, you either need to apply to have to orders vacated or comply. That he can't just ignore the court orders because he would just end up right back in court. I have a transcript request order in so that I can have it for court. Hopefully that portion was transcribed and not off the record.
Thanks!
