A parent can file a Petition for Counsel fees against a party opponent during custody litigation in the Commonwealth of Pennsylvania. In order for a party to obtain counsel fees, the party must prove that the opposing party is obdurate, vexatious, repetitive or acts in bad faith in the judgment of the Court.
In SB v. JB-S, 2015 Pa. Dist. & County Dec LEXIS 14135, the appellate Court upheld the determination of the trial Court which during litigation awarded counsel fees to the father against the mother. In SB, the mother filed an Emergency Custody Petition alleging that the father had committed acts of sexual abuse against the parties’ daughter. The Court during the litigation, learned that the mother had been charged by the police for making false accusations of sexual abuse in a criminal proceeding. The initial hearing was continued for the mother to obtain an attorney and despite the continuance, the mother did not attend the second hearing, at which time evidence was submitted to the Court by the father.
The Court also accepted evidence regarding the behavior which led up to the filing of the Emergency Custody Petition. Apparently, the mother had argued with the father about how much help the young daughter needed to bathe. The mother thought the father’s conduct in helping his daughter to bathe, was inappropriate and the mother accused the father of sexual abuse of their daughter. The mother told the father that he was “twisted” and accused him of being sick. The mother also fought with the girlfriend of the father regarding these issues.
The bottom line is that the Court found the father’s perception of events to be more credible. Further, the Court made these decisions with the best interests of the child as the most important factor. The Court felt that the mother’s accusations were false and the filing of her Petition was essentially an abuse of process. Given these circumstances it is important that a party knows that the Court is not fond of false or evidentiarily unsupportable accusations and will award counsel fees on Petition if this is the case. It appears that the mother’s censure by the criminal Court – indicating that the criminal accusations were false, had significant bearing on how the Court handled the determination to award counsel fees.