Appealing

[palowlander]

I am trying to find out how long you have from the date of a final custody order to file an appeal with the Superior Court in the state of Pa

 

[palowlander]

Also by not having two specified people at his house to preform the exchange of the children(these people are clearly listed in the court order) for the last 3 exchanges is he in contempt of court?

 

[Proserpina]

1. Before you decide to try to appeal, there must have been an error of law - not just that you don't agree with the decision.

2. Perhaps - what reasons were given for those two people not being present?

 

[palowlander]

the reason i am planning on appealing is that the Judge and the opposing party had no proof and neither did our side. The Judge is laying his whole order on his gut feeling with no proof.He states that I did things which I did not and he cant prove that I did. Also in regards to the contempt the order states they have to do the exchange period. My attorney(who isnt being a help) has contacted his attorney twice to tell him the order states they have to do the exchange and he still at the last exchange did not have them there to do the exchange.,,,so now 3 times this has occured. Also does anyone know if in Pa he can have my 2 year old daughter and my 5 year old son in the same bed?

 

[Proserpina]

the reason i am planning on appealing is that the Judge and the opposing party had no proof and neither did our side. The Judge is laying his whole order on his gut feeling with no proof.He states that I did things which I did not and he cant prove that I did. Also in regards to the contempt the order states they have to do the exchange period. My attorney(who isnt being a help) has contacted his attorney twice to tell him the order states they have to do the exchange and he still at the last exchange did not have them there to do the exchange.,,,so now 3 times this has occured. Also does anyone know if in Pa he can have my 2 year old daughter and my 5 year old son in the same bed?

Here's the thing.

The judge is given a terrific amount of discretion when ruling; if there is not much evidence, the judge is often allowed to "follow his gut". This doesn't mean there has been an error in the law.

And yes, it's perfectly legal for the kids to share the same bed at their ages.

 

[palowlander]

So would the others be considered a contempt of court? This Judge actually stated that I made several reports to children and youth that all came back unfounded to try to misuse the courts to keep my kids away from their dad. In reality if he would have pulled the childline reports none were actually made by me. Also we had two expert witnesses..both pychologist saying that you cant put much weight on an unfounded children and youth case because they have a heavy case load and dont often find all the facts as well as telling the Judge before giving my ex husband more time with my kids a pych. eval should be preformed on both parties which the Judge refused to do. Keep in mind that my kids are 6,5 and 2 and that I had to leave their dad at 7 months preg. with the last child due to abuse and that he didnt see my youngest by his choice till she was 2. They went from not seeing him at all for over a year, to one supervised visit to now the Judge awarding him 3 out of 4 weekend visits during school plus twice a week phone contact. And the last three weeks solid in June, last three weeks solid in July and 1st three weeks solid in Aug. in which I dont even have phone contact with my children. Basically I only get to have them when they are at school and they have only up till this point been away from me for 2 days tops. There will be a time during this schedule where they will not see or hear my voice for 6 weeks

 

[Proserpina]

Childline calls are confidential; it's highly unlikely the caller would be identified in court. Just ain't happening.

Regardless, the judge looks at everything and comes to a decision often based upon the likeliest scenario and frankly, the likeliest scenario in these unfounded CPS/Childline/DFS calls is that the other parent made the calls.

What Dad has been awarded is pretty standard. Even if the judge had decided on a lesser visitation plan, it's likely Dad would have eventually ended up with what he has now anyway.

I'm sorry - I'm just not seeing any grounds for appeal and if you try to go ahead and do so it may become a very expensive lesson in futility.

Why are you not allowed phone contact? Didn't your attorney request phone contact?

 

[palowlander]

I dont know where you get that what he got in visitation is standard seeing as how every attorney here in Bedford county no matter how long ht have been practicing law has never heard of such a thing. Every other weekend visitation and 1 week out of each of the summer months is about the max anyone gets awarded around here. Yes my attorney asked for phone contact as well as returning them a little sooner in August so I actually had time to buy them school clothes seeing as how 6 weeks straight prior to school they will be with him as well as asking that the courts make sure all my kids many doctors apts over the summer are kept by him since my son cant go to kindergarten in the fall without his physical etc. but the Judge just turned down the motion he didnt even put a start date and time to the summer visititation schedule...nothing in his order is clear at all. You never answered the question as to if the events I describe sound like a contempt charge.

 

[Proserpina]

Even if the court finds Dad in contempt, not much will happen. He'll receive a slap on the wrist and instructions not to do it again.

Your attorney needs to request the order is clarified though, at least that is absolutely what I'd recommend. Because the lack of clarity actually helps Dad defend a contempt charge - see where I'm coming from?

And believe it or not, that's not such an unusual parenting agreement. What you are referring to is the MINIMUM guidelines under law that Dad can have; all the Judge did was give him more time and that is not unusual.

I'm honestly getting the feeling that you're simply not happy with what happened and again that's not a valid reason to mount an appeal.

If you have further details though, please provide more info and maybe we can continue from there?

 

[palowlander]

My attorney did request clarification and the Judge denied her. He stated he wanted to have us work it out together but in the same breath my order is a no contact order and his attorney doesnt return my attorney's calls. I was hit with contemp earlier inthis hearing because my kids were to have supervisied visits and all the order said was I was to make the children available for said periods of visitiation. I took the kids there and they refused to enter the building and the people running the agency where it was at said they wouldnt make them go in cause when a child expresses a desire for the visit to end it does. So the kids didnt go in. But the judge said that I was in contempt for not following his order because I didnt physically pick my kids up and force them into the building...at that time I was hit with a $1000 fine or 30 days in jail. So yes I feel he dserves contempt and also it shows how this Judge is singling me out. He even has provisions in the order stating I am not to make degroatory remarks about the father and that I am to comply with order or he will take the kids from me completely but he doesnt make anything saying he is to not make derogatory remarks about me or that he has to follow the order or his visitiation will be lessened. He had cut open my sons head earlier in this case and the court took his visits away for a year...now apparently his violence doesnt matter.

 

[Proserpina]

Was Dad charged/convicted with abuse?