Flagrant violations of Custody Orders apparently mandate some form of consequence according to the Superior Court based upon the recent Decision in N.A.M. v. M.P.W., 2017 Pa. Super. LEXIS 599, *1, 2017 PA Super 254, 2017 PA Super 254 (2017).
In N.A.M., the Court confronted a very contentious custody situation with numerous custody actions. Father filed a Petition for Contempt on May 2, 2016. In the Petition for Contempt, Father argued that Mother (1) refused to take the children to a Hebrew school Seder in celebration of Passover on April 19, 2016, (2) interfered with the children’s education by preventing the Father from attending a student led parent-teacher conference (3) interfered with Father’s custody at activities, namely the children’s baseball game on April 16, 2016 and (4) interfered with Father’s custody by having her parents pickup at the end of a school day and deliver her to Father’s house in lieu of her using the school bus for the trip, which technically took place during Father’s custodial period which began at the beginning of the school day.
The Court reviewed the testimony presented by the Father and Mother and concluded that the Mother was indeed in contempt of Court Orders. However, the Court refused to provide further custody to the father in consequence of the Mother’s repeated violations of Court Orders. The father appealed to the Superior Court indicating that the Court’s failure to impose consequences was violative of case law and social policy. The Court recognized that the Mother was in violation of the Orders but simply admonished her.
However, the N.A.M. Court stated: “What is abundantly clear from the review of the record in this case is that both Mother and Father have been in contentious litigation in this matter for ten years. As cogently stated by the trial court, neither party is without blame for the stress that the parents’ actions in the custody battle has placed on the Children. Although we understand the trial court’s concern that a sanction by way of reduced custody would be detrimental to the Children, no sanction at all for Mother’s repeated and flagrant abuse of the orders of the trial court is unacceptable under Harcar v. Harcar, 982 A.2d 1230 (Pa.Super. 2009) N.A.M. v. M.P.W., 2017 Pa. Super. LEXIS 599, *9, 2017 PA Super 254 Therefore, we are constrained to remand for imposition of sanctions without resolution of any other issue raised by Father. “ N.A.M. v. M.P.W., 2017 Pa. Super. LEXIS 599, *12-13, 2017 PA Super 254 (2017).
The takeaway here is that if a parent repeatedly violates custody orders there will be consequences which can include revision of legal and physical custody. Do not violate custody Orders.
This case is a primary example of one of the reasons I have created this blog. At least one of these parents has apparently allowed their anger and resentment to overcome their common sense. Being the better person and putting your children first has both positive moral and legal consequences. Consider controlling yourself.