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Experience:  19+ Years of Legal Practice in Family law matters.
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Westmoreland County, PA is court of record. Custody. - Birth

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Westmoreland County, PA is court of record. Custody. - Birth mother has filed two false abuse reports (2009 and 2010) about me and my 2 girls, her mother has filed 2 false reports (2007 & 2012). Mother claims the children have exhibited "bizarre sexual behavior" in the past, and she has no proof of, and only she has seen. She has demanded and gotten supervised visitation since 2007 due to her initial statement that "she was concerned how kids would react to seeing dad since it has been 3 months since they saw him." So 2007 order directed supervised visits. The moment she was granted primary physical custody, she did not required supervised visits until 2009 when she made 1st false abuse claim. She denied all contact from june 2010 until april 2011, when I got to see them -she required supervision "to protect the kids from you", then she cut the visit short when the court ordered supervisor and she had an argument. I took her to court in 2011 where she was assigned the supervisor after SHE pushed to become supervisor. Now she tells kids "I can't handle being near your dad". *********
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She has actively denied visitation since Dec 2011 (3 days before christmas to now), and from 1 June 2010 to 25 April 2011 she cut off all court ordered access claiming the court told her she could. I proved she lied about that. She is Working actively to deny court ordered calls and visitation. What legal precident can I cite to show this is wrong, and is there a PA code which shows parential alienation is illegal? Please give the citaitons for both.
Submitted: 2 years ago.
Category: Family Law
Expert:  Fran-mod replied 2 years ago.
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Expert:  AlexiaEsq. replied 2 years ago.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

Hi, first, let me tell you I am so sorry for what is happening to you and the children.

She has actively denied visitation since Dec 2011 (3 days before christmas to now), and from 1 June 2010 to 25 April 2011 she cut off all court ordered access claiming the court told her she could. Your best action would have been to file a Motion as soon after she BEGAN to violate the court order. It is generally NOT best to let the children go without seeing the parent for a year or 6 months, before doing it - as it may appear that you did not have big concerns about it. I realize that is likely NOT the case, but just keep in mind what a Judge could believe, based on this fact. So I would consider filing right away if possible, if I were in shoes similar to yours.

I proved she lied about that. She is Working actively to deny court ordered calls and visitation. What legal precident can I cite to show this is wrong, Your local court rules will have a section about filing MOTIONS, so you need to read them for that local court and file one for enforcement of visitation and contempt by her - at the very least. Once can also throw in a request for a change in custody, under the argument that she is unable to facilitate visitation with the other parent. And here is the law that says she can be held in contempt for violating the court order: http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053.023.000..HTM

and is there a PA code which shows parential alienation is illegal?
Yes. See below. Please give the citaitons for both.


Popovice v. Popovice, Court of Common Pleas, Northampton Cty, PA. Aug 11, 1999, No. 1996-C-2009.

Also see this code section: http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053.028.000..HTM It gives the LIST of factors a court must consider when determining custody. Note that the VERY FIRST factor to consider is
"(1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party."

AND #8: "The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm."

I wish you the best of luck here. And hope you can take action right away.


Hope this clarifies and I wish you the best. If anything in my answer is unclear, please hit REPLY and let me know which part needs some follow up. Please also know that your expressed satisfaction with my answer is my top priority and my time here today with you, supports my volunteer work for the Disabled in the U.S.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11739
Experience: 19+ Years of Legal Practice in Family law matters.
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