Two states, conflicting orders

[walter1b]

Short Summary

In 1996 our son was born in TN, and in 2002 my divorce was processed in TN. A custody order was later also entered in TN granting me custody of the child during the school year, and summer visitation with his mother. The mother had fled to PA. The mother tried to file in PA, but PA deferred to TN. Currently I reside abroad, and my ex-wife now lives in PA. At no time has the child reside in PA for more than 6 months, except for one time when she retained the child illegally in 2005. The retention was ruled a violation and agreed upon by both TN and PA.

Later in 2006, during a summer visitation PA changed its mind and took exclusive jurisdiction and later awarded her fully custody with no visitation to me. TN still exerts jurisdiction as well and has stated it will hold jurisdiction until the child reaches 18. From my understanding PA has not followed several aspects of the UCCJEA.


Because of this in summer 2006 I did not return my son for summer visition. The goal was to force her back to TN again to charge me with a violation and deal with the judge there. Instead she called the FBI and is now threatening me with IPKCA and the Hague convention on child adbuction. I have tried to fight PA jurisdiction, but the PA judge has issued temporary orders and temporary orders cannot be appealed (appeal was turned down on that basis). I have investigated Federal Court, but it is very expensive out outside my financial means.

[mistoffolees]

What does your attorney in TN say?

If it's a clear cut issue, you might try to get your Congressman involved. He may be able to talk to the PA Congressman to get it straightened out.

I think you really need to talk with your attorney since so many legal issues are involved. Technically, if PA has violated UCCJEA, then it should be possible to reverse that, but, as you've indicated, it's not always easy.

[walter1b]

The attorneys are both at a total loss what to do. TN cant affect PA, and vice versa.

Already tried Congressmen - they hear custody and say they do NOT get involved whatsoever. Plus - I now live abroad so none really care, although I am still registered to vote in TN and can by law as it was my last resident state.

Re UCCJEA - its clear its a violation - but how do you enforce that? I appealed in PA, but since the judge issued all temporary orders, no appeals will be heard on temp orders.

So that leaves Fed Court. Atty's want $10,000 retainers and say it will cost min $40,000. Since its not criminal, and Im on the "offense" no legal aid is available that I can find anywhere.

[mistoffolees]

>The attorneys are both at a total loss what to do. TN cant
>affect PA, and vice versa.
>
>Already tried Congressmen - they hear custody and say they do
>NOT get involved whatsoever. Plus - I now live abroad so none
>really care, although I am still registered to vote in TN and
>can by law as it was my last resident state.
>
>Re UCCJEA - its clear its a violation - but how do you enforce
>that? I appealed in PA, but since the judge issued all
>temporary orders, no appeals will be heard on temp orders.
>
>So that leaves Fed Court. Atty's want $10,000 retainers and
>say it will cost min $40,000. Since its not criminal, and Im
>on the "offense" no legal aid is available that I can find
>anywhere.
>


Strange. Just a few odd comments. I don't know if any of them are any good, but perhaps something will spark a thought:

What if you file for contempt in TN? Courts do not like other courts overruling their jurisdiction. Perhaps a contempt filing will get someone's attention.

There may be a procedure in PA to force the judge to hear the case more quickly. Of course, this probably won't get you anywhere with THIS judge, but it may get you a final order which you can appeal.

What about filing for contempt in PA? That might get it into the hands of a different judge (although it might do nothing more than irritate the current judge. OTOH, sounds like you can't do much worse there).

The judge is presumably an attorney. Contact the PA Bar association and ask for him/her to be penalized.

Submit another filing in TN asking for clarification of their ruling. Then if it does come to an appeal, you'll have a more recent filing than her PA ruling.

I think some districts have sort of a 'senior judge' who distributes caseloads, etc. Typically, they can not fire an incompetent judge, but they do wield enough power that judges don't like to get them angry. If your attorney can get in front of this person and point out a blatant UCCJEA violation, you might be able to get some action.

Call the county clerk in PA to ask what the procedure is for dealing with an obvious judicial error. There may be some method other than appeal.

Is it possible to file suit against a judge? I assume that they're protected, but perhaps in cases of willful negligence you might be able to do it. Of course, finding an attorney willing to file against a judge might be tough even if it's allowed.


If none of those ideas are any good, you may end up having to wait for a final ruling from PA.

Note: I am not a lawyer and can't offer legal advice. Some of the above ideas might be very bad ideas which would get you into trouble, so proceed with the advice of an attorney.

Good luck.

[mistoffolees]

NM.