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Violating Custody Orders In Pennsylvania, violating a court order is taken very seriously, especially when it involves the details outlined in a child custody agreement. In many cases, the violation can be serious enough to warrant granting full custody to the non-interfering party.
Open a Case To open a child custody case, you must file your Complaint or Petition with the Clerk of the Court hearing your case. You must also pay a filing fee which can range between $57 to $300 depending on the court in which you are filing your lawsuit.
In fact, the willful failure to abide by the terms of a custody order can lead to six months behind bars and a fine of up to $500. Furthermore, parents who violate custody orders could also have to pay legal fees, lose their driving privileges and face up to six months of probation.
To begin proceedings, you or your attorney must file a petition for emergency custody or ask the conference officer at your conciliation conference to schedule an emergency hearing. Some counties have specific petitions: Beaver County - Petition for Special Relief. Clearfield County - Complaint for Emergency Custody.
To file a Petition for Emergency Relief, you must have already filed one of the following petitions at an earlier time: Complaint for Custody, Petition to Modify, or a Petition for Contempt. On the day you file a master may give a preliminary assessment of whether your situation is an emergency.
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If someone violates the provisions of a custody order, a party can file a Petition for Contempt along with a Notice and Order to Appear. If someone violates a custody order, then he/she can be subject to a fine, imprisonment or other remedies.
(1) A party who willfully fails to comply with any custody order may, as prescribed by general rule, be adjudged in contempt. Contempt shall be punishable by any one or more of the following: (i) Imprisonment for a period of not more than six months. (ii) A fine of not more than $500.
Absent a child custody order in Pennsylvania, enforcement is difficult. Theres no legal basis for the police to get involved unless a specific crime has occurred. The courts cannot do anything either. You must file a child custody petition and obtain an order.

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