If You’re Suing Just Me, You Can’t Get An Injunction Against My Wife
From yesterday’s decision in Jacoby v. Jacoby (Pa. Super. Ct.), written by Judge Carolyn Nichols and joined by Judges Mary Jane Bowes and James Gardner Colins:
Richard G. Jacoby, Jr. (Father) appeals from the trial court’s order that restricted the speech of his spouse, non-party Brena Jacoby (Stepmother). Father contends that the trial court’s order improperly restricted non-party Stepmother’s speech on a social media site. We vacate the order to the extent the order affects Stepmother….
Mother sought to enforce the court’s modified custody order, remove Child from Stepmother’s home, and place Child with Berks County Children and Youth Services (CYS). The trial court held a telephone hearing on June 17, 2021. At the hearing, Mother’s counsel notified the court for the first time about a post that Stepmother had made on Facebook. Specifically, Mother’s counsel explained: “Your Honor, there was a Facebook post by [Stepmother] basically saying that they’ve complied with all these orders, that this [c]ourt has gone rogue, that she keeps saying ‘our child.’ I mean, this is pure alienation. She should not be involved in this at all.” In contrast, Father’s counsel asserted that the post did not contain any information that was material to the custody dispute.
{We quote the Facebook post as follows:
OK…. I’m going to lay everything out for ppl to know. My husband [Father] is currently in BCP on indirect civil contempt pertainin
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