10/08/2009 at 04:30 PM EDT
For days, Kate Gosselin
, at war with her estranged husband, has been excited about the peaceful prospect of making a chocolate birthday cake from scratch for her twins Mady and Cara, who celebrate their 9th birthday Thursday
Now it looks like even Kate's chocolate cake may be caught up in the bitterness. On Wednesday, Jon, 32, was spotted with bags of gifts for his oldest daughters – and a big box from a high-end New York City bakery.
Earlier in the day, Jon had accused Kate, 34, of trying to change the arrangement
they had worked out to spend the birthday together by insisting that he only spend two hours in the late afternoon and early evening with the kids.
"She's trying to prevent me from seeing my kids on their birthday because she doesn't want to see me," he said.
Jon insisted at the time that, because it is still his home, he would stay as long as he wanted. According to his lawyer, the reality TV dad has left Manhattan for Pennsylvania – and intends to stick with his plan.
"I would think both parents would want to make the kids happy," says attorney Mark Heller. "I would they'd want to put on their happy faces for the kids rather than make it a tag team wrestling match. I'm hopeful ... the twins can celebrate their birthday with both mom and dad."
In other Gosselin news, a court hearing over the couple's financial dispute – Jon reportedly took $230,000 from a joint account without his wife's permission – was postponed due to the death of the judge's wife, and has not yet been rescheduled, says Heller.