A Question (or several) Regarding Enforcement

[Lyrael924]

Dear Soc-

Ours is the case of a 9-year-old boy living in PA with custodial mom, me (NCP) living in Illinois. We just received our certified copy of the court order granting us parenting time. The first court-ordered parenting time is in April over son's spring break, and also phone contact at least twice a week with unlimited contact by mail.

So far, I have been able to speak with my son via phone twice last week, and once so far this week. I feel like the phone calls have gone well, and son has stated his desire to come see me (please don't misunderstand, he asked me what the court order said as far as visitation, and I let him know. I have no desire to push or pressure him. I know this is tough for him.) During the course of tonight's conversation, I learned that he had not been allowed to watch the videotape I had sent - full of footage from when he was a baby and toddler. He also did not know that I had called and left several messages during the week.

Tonight, after I hung up with him, his stepfather called me back immediately, and said "don't you f***ing talk about the court with him..." and then proceeded to rip me up one said and down the other. I was as civil as possible, and let him know that Son is the one that matters, and as long as he and son are okay, he and I are okay. He kept going and stated "you aren't going to see him." I stated that he needed to write me a letter to let me know that they did not intend to comply with the court order.

He stated that they would. I am sending them a letter on Monday letting them know dates and times of pick up, drop off, and contact information while Severin is here.

I realize that this may just be him (stepdad) blowing smoke and such, but I wondered if I should go ahead and register the order in Pennsylvania now. Son's stepfather stated that the order does not apply to them, since they don't think Oregon had jurisdiction.

1) Does what he said regarding the order not applying have any truth?

2) Is there anything else I should be doing at this point besides logging phone calls and keeping track of mailings?

3) Should I register the court order in Pennsylvania now, or wait until I am ready to start an enforcement action?

4) If a letter is sent that states they do not intend to let Severin visit, and then they don't, is that the beginning of a basis for a case of contempt?

Thanks in advance for any help you can offer!
Myrrh

[socrateaser]

>1) Does what he said regarding the order not applying have any
>truth?

No. But, you need to register it in PA.

>2) Is there anything else I should be doing at this point
>besides logging phone calls and keeping track of mailings?

"Serve" notice on the other parent that you intend to record all conversations between yourself and her, the child's stepfather, and the child, going forward, and make certain that they are aware, every time that you speak with them on the phone, that you are recording the conversation.

Then, record the conversations. If you had recorded the stepfather's tirade that could be grounds for a new custody hearing, because it would demonstrate that the child may be in harm's way.

>3) Should I register the court order in Pennsylvania now, or
>wait until I am ready to start an enforcement action?

I'd do it now. The knowledge that the order is registered, may cause the mother to think twice about violating it.

>4) If a letter is sent that states they do not intend to let
>Severin visit, and then they don't, is that the beginning of a
>basis for a case of contempt?

Contempt must be action, not just words. The letter would be proof of intent, once the mother actually violates the order, but not until. I doubt that they will actually write you a letter stating their intent to violate the order, but if they do, that would be pretty terrific for you.

[mishelle2]

this is not legal advice.. just a suggestion:

In order to have a record of phone calls and conversations we got a toll free residential number, so all calls that go to child and from child to our number are on bill, makes it easy to show court, and makes it so there is no reason for child not to return calls since you are paying charges.. and its cheap like 2.95 a month and 10 cents a minute.

again not legal advice, just a suggestion that made our life easier.