Q: Can I be held in contempt for keeping our child after my ex says they don’t want to see them during their time?

A: In Pennsylvania, if your ex-partner willingly decides not to exercise their scheduled custody time and explicitly communicates that they don't want to see the child during their designated time, it is unlikely that you would be held in contempt for keeping the child during that period. Contempt typically arises when a party violates a court order or fails to comply with a custody arrangement. However, it's crucial to document any communication regarding your ex's decision not to exercise visitation, as it may serve as evidence in case of future disputes.

A: One must be very cautious about raising a child in a broken home under custody court orders in Pennsylvania. The word "contempt" can trigger various sanctions available under the custody contempt statute, and the Superior Court has affirmed contempt orders because it is putting its foot down as to all those contemnors. There will be a judge's knee-jerk reaction to a petition for contempt.

Perhaps maintaining a written record of the other parent's waiver of a visit will help, but the typical Pennsylvania judge will not read written records. These judges have an unwritten policy of listening to arguments and deriving their decisions as to the plausibility of an argument. Their overriding focus is on the order and the contemnor rather than on the child. Another factor of circumstance is there is an unwritten policy among judges that custody orders imply provisions that a parent must use "common sense" to infer. For example, the absence of a provision for make-up visits the judge can imply does exist, and assert that the custodial parent that provision in the order because she had to use common sense to infer it. The Superior Court will affirm a contempt order because it wants to stamp out contempt rather than find that the implied provisions fail to give rise to the "willful" element that the Pennsylvania contempt statute requires to support a finding of contempt. Filing a false petition will yield marvelous outcomes for the defrauding parent before a Pennsylvania judge. The defense must be more than simply saying, "Your honor, see this text message where dad waived the visit."

While these points may apply to the typical case in Pennsylvania, the asker should consult with an attorney with the asker's particular facts in order to get a more accurate and cogent assessment as to how to prepare for a parent's waiver of visitation with his child. Saving some text messages may not be the only most effective means to defend against a fabricated contempt petition.