G.A. v. D.L.

72 A.3d 264, 2013 Pa. Super. 168, 2013 WL 3366675, 2013 Pa. Super. LEXIS 1613
CourtSuperior Court of Pennsylvania
DecidedJuly 3, 2013
StatusPublished
Cited by45 cases

This text of 72 A.3d 264 (G.A. v. D.L.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
G.A. v. D.L., 72 A.3d 264, 2013 Pa. Super. 168, 2013 WL 3366675, 2013 Pa. Super. LEXIS 1613 (Pa. Ct. App. 2013).

Opinion

OPINION BY WECHT, J.:

In this child custody case, G.A. (“Mother”) appeals from an October 18, 2012 order of the Schuylkill County Court of Common Pleas (“the trial court”). That order found Mother in contempt of an August 7, 2012 interim order, and reinstated a previous custody order of March 8, 2011. The March 8, 2011 custody order had granted Mother primary physical custody of the parties’ daughter, J.L. (“Child”) age eight, but had granted D.L. (“Father”) partial physical custody. We affirm the trial court’s finding of contempt, but vacate the trial court order to the extent that it restores the March 8, 2011 custody order.

In its October 18, 2012 findings of fact and order, the trial court succinctly stated the relevant factual and procedural history of this case:1

A hearing was held on October 15, 2012 on [Father’s] Petition for Contempt filed August 20, 2012. The hearing was originally scheduled for September 11, 2012, and was continued by [Mother]. The hearing was attended by [Father] and counsel for both parties. [Mother] participated briefly by telephone but then could not be contacted after the connection was lost. Counsel for [Mother] acknowledged that he had received notice of the hearing which was mailed to his office on September 10, 2012. Pursuant to the Order of August 7, 2012, Mother was to make [Child, born in March of 2002], available for reconciliation counseling with Father. At the hearing on October 15, 2012, Father testified credibly that two appointments were made for Father and [Child] at Access in Or-wigsburg for August 7, 2012, and August 9, 2012. Both appointments were attended by Father only who took the opportunity to have some individual counseling. Mother did not appear with [Child]. Mother and Father agreed to use United Charities, Inc. of West Ha-zleton, Pennsylvania and Father and [Child] attended a September 26, 2012 session which went well. Other sessions were scheduled for October 1, 2012, and October 10, 2012, which Mother did not attend with [Child]. Mother told Father that she was not taking [Child] to more counseling and that she was not going to any contempt proceedings if the same [266]*266were filed. Three more sessions are currently scheduled with United Charities for October 15, 2012[,] October 25, 2012 and October 30, 2012. Father requests the Court to have Mother held in contempt for failure to comply with the Order of August 7, 2012. A report from United Charities, Inc., was received in the Custody Conciliation Office dated October 11, 2012, indicating that the reunification session attended by [Child] and Father went well and that [Child] was asking to go to Father’s home. Father has incurred $1,000.00 in reasonable attorney’s fees.
NOW THEREFORE, based on the foregoing and upon recommendation of the Hearing Officer, it is hereby ORDERED as follows:
1. [Mother] is in CONTEMPT of the Order of Court dated August 7, 2012. Plaintiff may purge herself of this contempt by taking [Child] to the reunification sessions at United Charities, Inc. scheduled for October 25, 2012, at 3:00 p.m. and October 30, 2012, at 3:00 p.m., and by paying the sum of $1,000.00 in attorney’s fees to counsel for [Father] within ninety days of the date hereof.
2. The previous Custody Order of March 8, 2011 shall be reinstated on November 2, 2012.

Order of Court, 10/18/12.

Prior to the entry of this order, the parties’ custody of Child was governed by an agreement reached by Mother and Father at a hearing convened on March 19, 2012 to address a contempt petition that Mother had filed against Father.2 The March 19, 2012 agreement provided:

1. [Mother’s] petition for contempt will be withdrawn without prejudice.
2. [Father’s] custodial rights will be suspended for a period of 120 days retroactive to February 20th, 2012.
3. During the suspension period [Father] will receive anger management counseling during the suspension period [sic ].
4. [Father] will submit to a psychological evaluation.
5. [Father] will pay to [Mother’s counsel] 50 percent of the requested attorney’s fees or $750 which will be due and payable at the expiration of the suspension period.
6. [Father’s] visits with [Child] will only resume if the anger management counselor and the psychological evaluator deem it appropriate.

Notes of Testimony (“N.T.”), 3/19/12, at 2-3.

At a hearing held on August 2, 2012, the parties modified this agreement. On August 7, 2012, the modified agreement was entered as an order of court. Mother’s attorney read it into the record:3

[267]*267THE MASTER: So in essence [Father] wants to make a proposal to dispose of these petitions, and you [Counsel for Mother] are saying that you have the authority to agree to that?
[COUNSEL FOR MOTHER]: Yes, based on my discussions with her when she made it clear that she would agree to supervised visits initially to wean him back into the relationship.
THE MASTER: Okay, and I understand [Father] is willing to do that through a counselor to break the ice with [Child]; is that correct?
[FATHER]: Yes.
THE MASTER: All right. Well, then if you want to indicate what your agreement is for the record.
[COUNSEL FOR FATHER]: Yes, sir. The agreement I understand it is that [Father] is going to schedule an appointment with Janice Price, the counselor that he has been, has seen in the past, regarding the custody issues regarding himself and [Child]. And the purpose of this is going to be for [Father] and [Child] to attend counseling sessions with Miss Price. The purpose of these is to determine whether or not in Miss Price’s opinion [Father] can resume following the custody order dated March 8th, 2011, that provides for his periods of partial custody. The stipulation is that [Mother] will make available and transport [Child] to the counseling sessions. I will provide [Mother’s attorney] with notice of when these counseling sessions will take place. I will, of course, be provided from my client the dates and times, and I will give as much notice as possible. And we will leave it in the hands of the counselor, Miss Price, as to when [Father] can resume following the March 8th, 2011, Stipulation and Order. And we would also like to be able to do this through reports that I’m going to ask Miss Price to provide me for each session, progress reports so to speak that I will, of course, provide to [Counsel for Mother] as the sessions occur.
THE MASTER: Is that agreeable, [Counsel for Mother]?
[COUNSEL FOR MOTHER]: Yes.

N.T., 8/23/12, at 3-5. Father testified that he understood the agreement and that he accepted its terms. N.T., 8/23/12, at 5.

On August 20, 2012, Father filed a petition for contempt. He alleged that Mother had refused to transport Child to the counseling sessions specified in the August 7, 2012 order, and had actively refused to engage Child in the reunification process with Father. In closing his petition, Father prayed for the following relief:

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Cite This Page — Counsel Stack

Bluebook (online)
72 A.3d 264, 2013 Pa. Super. 168, 2013 WL 3366675, 2013 Pa. Super. LEXIS 1613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ga-v-dl-pasuperct-2013.