Phone Disconnected

[Lyrael924]

Dear Soc-

Ours is the case of a 9-year-old boy living in PA with custodial mom, me (NCP) living in Illinois.Ours is the case of a 9-year-old boy living in PA with custodial mom, me (NCP) living in Illinois.

Phone contact has been going very well, and son even called me unprompted twice this week, just to say "hi." However, this evening when I tried to call, I found out the number had been disconnected. I know their address is the same, but I have no way to contact them by phone.

1) Do you suggest I send a letter to her, asking her to call me?
2) Is there any legal step I should take, or should I wait until the phone has been disconnected for more than one day (I know she has a new number, I just don't know what it is)?
3) Is there anything specific I should put in the letter, if I should send one?

Thanks again in advance, Soc.

[socrateaser]

>Dear Soc-
>
>Ours is the case of a 9-year-old boy living in PA with
>custodial mom, me (NCP) living in Illinois.Ours is the case of
>a 9-year-old boy living in PA with custodial mom, me (NCP)
>living in Illinois.
>
>Phone contact has been going very well, and son even called me
>unprompted twice this week, just to say "hi." However, this
>evening when I tried to call, I found out the number had been
>disconnected. I know their address is the same, but I have no
>way to contact them by phone.
>
>1) Do you suggest I send a letter to her, asking her to call
>me?

I suggest that you wait two more days, and then send an overnight letter, stating that if you are not apprised of the telephone number by which you can communicate with your child within the following 24 hours, that you will assume that she is willfully violating the court orders and that you will file a motion for contempt.

Did you register your order for enforcement in PA, like you were supposed to do? You may need it now, to hold her feet to the fire.

>2) Is there any legal step I should take, or should I wait
>until the phone has been disconnected for more than one day (I
>know she has a new number, I just don't know what it is)?
>3) Is there anything specific I should put in the letter, if I
>should send one?

See above.

[Lyrael924]

Thanks for the quick reply, Soc. Apparently I am an idiot, because I have not registered it yet. I will get the letter to the Montgomery County court tomorrow, along with the certified, exemplified copy of the order.

1) So, in order to file a motion for contempt, I have to have previously registered the order?

2) Should I still send the letter?

3) Threatening to file a motion for contempt isn't extortion?

Thanks for your patience.

[socrateaser]

>Thanks for the quick reply, Soc. Apparently I am an idiot,
>because I have not registered it yet. I will get the letter to
>the Montgomery County court tomorrow, along with the
>certified, exemplified copy of the order.
>
>1) So, in order to file a motion for contempt, I have to have
>previously registered the order?

Well, you could file the motion in Oregon, but you can't enforce the Oregon contempt in PA until the order is registered there. And, it's easier to register it in PA and then petition for enforcement on grounds of contempt in PA, because it's one less step -- which means registering in PA.

>2) Should I still send the letter?

You want to give her a chance to come to her senses. I'm afraid she's about to run again, that's why I don't want you to waste any time.


>3) Threatening to file a motion for contempt isn't extortion?

Extortion is causing another person to do something that they are not legally obligated to do, by means of threat or intimidation. Here, you are threatening to do what you are legally entitled to do, i.e., file for contempt, assuming that she is violating the order. Obviously if you demand that she comply and she doesn't, then you're merely defending your rights by filing for contempt. You're not trying to obtain something you're not entitled to. Therefore, no extortion.

[Lyrael924]

So, just to clarify, I should:

1)  Send the registration to the PA court. (immediately)

2)Wait two days and then send her the letter giving her 24 hours to
    provide the new number.

3) If I am not provided with the number, file a motion for contempt.

Is that the recommended order of things?

Thanks

[socrateaser]

>So, just to clarify, I should:
>
>1)  Send the registration to the PA court. (immediately)
>
>2)Wait two days and then send her the letter giving her 24
>hours to
>    provide the new number.
>
>3) If I am not provided with the number, file a motion for
>contempt.
>
>Is that the recommended order of things?
>
>Thanks

Yep.