Wife not following Court Ordered PHone call schedule...."

[wlr107]

           Saturday, my wife and had a fight over the phone about her 2-DUI boyfriend telling my girls to call him daddy. We went round and round for 30 to 45 minutes on topics, and we were most definately LOUD with eacht other. We ened up talking an hour and a half, and once off the boyfried, it was amicable. She agreed to keep boyfriend away from girls, and I agreed to not give access to girls if I date. I never told her she could not see him, just that due to the fact he is a 2-time felon who is drinking in the house with the girls, I do not want him near them-he has a history of hitting omen, and I honestly fear for my 2 girl's safety.

We have shared legal custody. She has the 2 girls with her in PA, I am in SC.

In the court order, I am to talk to the girls every night at 7:15pm. She missed call times twice before this week, giving no explination either previous time.

I was given her landline telephone number by a relative if hers 10 days ago, or I would not have spoken to my daughters last saturday, either.

I called her landline saturday, she answered, it was me. She was mad I have her number-she did not provide it to me, she does not want me to call the number. I told her what I was told-I may use whatever number I can get to follow the court-ordered calls. She saw her mom Sunday, and since that time, I have had zero contact with my 2 daughters. She is not checking her e-mail, as she knows I sent e-mail to her. (Her 16 year old sister told me this)

Now, for 3 days straight, she does not allow contact with my daughters at all, does not respond to e-mails or phone calls.

I am to see the girls this weekend and daily over the next 2 weeks, noon to 8pm, per court order. What do I do now? Do I e-mail the court hearing officer? Not sure what to do, need guidance.

Wife is in Latrobe, PA, Westmoreland County, PA
 

[mistoffolees]

First, none of your verbal agreements matter. For that matter, nothing that you and your ex agree to in writing matters, either. The only thing that matters is what the court order says.

If you think that the children are in danger, then report it to CPS so they can investigate. Agreeing to keep someone away from them won't do a thing - since she can ignore your agreements with impunity.

As for ignoring your court ordered phone call schedule, she would technically be in contempt of court. In principle, you could file for contempt with the court and ask them to punish her. In practice, I'm not sure that a court is going to take it that seriously after 3 missed calls. If there's a long history of violation (particularly interfering with your visits), then you have a better chance. But this is the kind of thing that varies greatly from one court to another so you're better off if you find out how your judge handles contempt issues. If your ex is going to get nothing more than a slap on the wrist, then you probably want to look for other ways to deal with it. If the court takes it seriously, then you might want to consider filing - but I don't think I'd do it until she starts interfering with your visits.

Not a legal opinion, though.