It’s 5:00 p.m. You are supposed to be getting your children back, but they are not there and your co-parent is not responding to your texts or answering your calls.
What do you do next?
In Pennsylvania custody cases, how you respond can be almost as important as what the other parent has done.
I regularly advise clients to be practical, be reasonable, and consider everything they say or write as something that may ultimately be reviewed by a Judge.
First, start with your custody order.
Confirm the exchange time and location, transportation responsibilities, and any other conditions that apply. Make sure you are where you are supposed to be and have complied with your obligations under the order.
If everything is in place and the children still have not been returned, document what is happening.
Send a text, email, or message through your co-parenting application. Keep the communication calm and focused on the children:
“The custody order provides for the children to be returned at 5:00 p.m. Please let me know what is going on and when they will be returned.”
That communication is far more useful than an angry text, voicemail, or exchange with the other parent.
It is also important to distinguish between a late exchange, a pattern of late exchanges, and the withholding of children. Those circumstances are not necessarily the same and may require different responses.
A custody order is an order of court. Pennsylvania law provides a process for contempt when a party willfully fails to comply with a custody order.
Should you call the police?
Not every late or missed custody exchange requires law enforcement involvement. There are circumstances where police involvement may be appropriate, particularly where there is a legitimate safety concern, but that determination should be made carefully based upon the specific facts.
The important thing is not to let someone else’s conduct dictate your own.
Remain reasonable. Document what occurred. Follow the custody order. And, when necessary, involve your attorney.
If the issue cannot be resolved, counsel can help determine the appropriate next step, whether that involves communication with the other parent or their attorney, or seeking relief from the court.
Myself and the Family Law Team at MacElree Harvey, Ltd. regularly assist clients in navigating these difficult situations while protecting their rights and ensuring that their own actions do not jeopardize their position.
If you have questions regarding a custody order or a situation specific to your family, please feel free to contact me.
Every family and every case is different. The MacElree Harvey, Ltd. Family Law team can help you evaluate the legal and practical considerations of your situation. Contact Michael C. Rovito at (610) 840-0241 or MRovito@macelree.com to schedule a consultation.
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