As a follow up to my previous questions, my ex and his attorney have threatened a contempt order. My ex also directly told my son that he is picking them up this weekend. Since I am just filing the Motion for Clarification of Order, what are my options. This is not his weekend per the Summer, 2012 order. Please Help.Currently, the order reads "1. For Summer 2012, custody shall be shared on the following basis:,A. FATHER shall have week of July 2nd, except that MOTHER shall have...B. FATHER shall then have the weeks of July 16th, August 13th and August 20th. However, MOTHER shall have the children from Monday afternoon on August 20th...2. All weeks stated above shall deemed to begin on Monday at 10:00 AM and shall end on Sunday at 8:00 PM...3. In the event FATHER cannot be with children...4. Parent receiving custody shall be responsible for transportation.5. In the event FATHER's work schedule changes, he may re-list this matter for further proceedings without the necessity of filing additional pleadings.6. To the extent not modified herein, the existing Orders of Court shall remain in full force and effect. "To recap, my ex is interpreting this as a supplement to the January 21, 2011 order which provides for custody of the children with him on alternating weekends, if the summer order was to supplement the January order, it would provide for the weekends prior of June 30 and July 1st, July 14th and 15th, etc. I'm not sure how his attorney is interpreting the order to supplement instead of supersede. I want to make sure the Motion for Clarification will address everything including that nothing in the order outlines my periods of custody except when it is during my ex's weeks of custody. Also, my ex has declined taking the children to their therapist during his periods of custody, which is in violation of the January order. I believe that should fall under a contempt motion correct? Thank you!
State/Country relating to question: Pennsylvania
Hello, my name is XXXX, XXX I'd like to answer your question.Basically, I agree with you, that the paragraph in the second order which begins "For the summer of 2012" and then lists a series of specific weeks, is meant to supercede and replace the alternate weekend provisions in the earlier order.I don't believe that it makes common sense to mash the two together ... it has the effect of enlongating the weeks of visiting.,I also think you are wise to get back to court and get a clarification. Also, I need to caution you that I don't have the full orders to look at, nor the history of this custody battle (and it sounds like it has a history), so I could be wrong ... but from what you've put in the question, I do agree with you.Yes, refusing to take the children to their therapist during his weeks could be contempt ... again depending on what the order says exactly. More to the point, if I was his attorney, I would suggest to him that he would want the opportunity to develop his own relationship with the therapist ... in the kids best interest.But, well, it doesn't sound like you are dealing with a reasonable person here; you have my sympathies.Have I answered your question fully, or do you have a follow up?
You are already doing your best, by going back to court for a clarification. If he shows up on Saturday, my suggestion would be 1. the kids not be there (so they don't witness the scene) and 2. call the cops.
I've been in practice for 30+ years, concentrating in family and employment law. I enjoy helping people.
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