Bench warrant issued this year, for a state I've not been to for 10 years

[Helmut]

What is the name of your state? Europe

This is really weird and long. The short version won't sound believable, but at least it will be short and hopefully understandable. US citizen. Moved to Europe 8 years ago. Divorced in state A. Custody obtained of child in state A. State A ruled it will hold exclusive jurisdiction over custody issues until child is 18 since we no longer live in any US state and family law is state.

After this, ex moves to state B. State B takes jurisdiction away without ever consulting state A at all. State B takes jurisdiction over me based on the fact that I lived in state B 15 years ago (but lived in State A for the 5 years prior to moving to Europe, and child was born in state A, and divorce occurred in state A, marriage was in a third state) and that my parents reside there now. State B orders me to send my son for a custody hearing at my expense on an international flight, but allows me to testify by phone. I object to jurisdiction but appeals court denies it since no final ruling has been made. I dont show up and dont send child because it would disrupt his school and cost me thousands of dollars I dont have.

So several no shows later, State B now issues a bench warrant for me. I have 3 lawyers in multiple states and have now lost my job over this. Very broke, Judge says if you dont like it go to Fed court.

1) How seroius is this bench warrant?

2) Will it show up in FBI Identification Record? (This is often necessary overseas for foreigners for work, residence permits, etc)

3) if I visit US which I do sometimes will it show up at border and will I be arrested?

I dont care to ever visit state B in my life, and it wont bother me. But I need to visit others realistically.

Any other ideas welcome as well.

[moburkes]

US Law Only - WHEN POSTING A QUESTION, YOU MUST INCLUDE THE NAME OF YOUR STATE

Neither Europe, State A, or State B are part of the United States of America.

[Helmut]

Your right - Europe isnt. But state A and state B in my case are two US states. I prefer not to divulge too many details as my ex somehow finds anything I do on Google and uses it somehow.

I live in Germany now, and state B is PA. I'd prefer not to mention more.

[moburkes]

Well, without posting the state, you will receive no response. Good luck and good bye.

US Law Only - WHEN POSTING A QUESTION, YOU MUST INCLUDE THE NAME OF YOUR STATE

It doesn't say that its optional.

[seniorjudge]

1) How seroius is this bench warrant?

A: Serious as a heart attack.


2) Will it show up in FBI Identification Record? (This is often necessary overseas for foreigners for work, residence permits, etc)

A: Probably; sounds like you could be in line for a kidnapping charge.


3) if I visit US which I do sometimes will it show up at border and will I be arrested?

A: Probably.



Also look for your passport to be revoked.

[Helmut]

Look, I posted PA for the state with the warrant. That should be sufficient information. I fail to see why I must reside in a state to post a question.

[Helmut]

Originally Posted by seniorjudge

1) How seroius is this bench warrant?
A: Probably; sounds like you could be in line for a kidnapping charge.

No, I have full custody. State A awarded it to me, and not even PA (State B) has changed it. Even if they do - its not kidnapping if I keep him, only if I take him. Thats been checked already. Furthermore, to go international they have to go through the Fed and Germany, and I have state A still asserting that I have custody.

Originally Posted by seniorjudge

Also look for your passport to be revoked.

Wrong again. They can only revoke your passport for treason, and a few other non custody related things, and non payment of child support in excess of $2500. To assess child support she has to have phyiscal custody, which she does not, nor does she have legal custody in *any* state including PA who issued the bench warrant (Again, verified). Finally, she owes *me* child support back dating over a year.

[seniorjudge]

Originally Posted by Helmut

No, I have full custody. State A awarded it to me, and not even PA (State B) has changed it. Even if they do - its not kidnapping if I keep him, only if I take him. Thats been checked already. Furthermore, to go international they have to go through the Fed and Germany, and I have state A still asserting that I have custody.



Wrong again. They can only revoke your passport for treason, and a few other non custody related things, and non payment of child support in excess of $2500. To assess child support she has to have phyiscal custody, which she does not, nor does she have legal custody in *any* state including PA who issued the bench warrant (Again, verified). Finally, she owes *me* child support back dating over a year.

Sounds like two things:

You have all the answers

AND

Someone has given you bad legal advice.

[moburkes]

You beat me to it. OP has the answers, so why ask here?

[Helmut]

Hmm, well aside from having 2 lawyers already in one state, one in the other, consulting one of the leading custody Federal lawyers, and reading the law myself on the passport revokation - its pretty simple.

The reason I asked about the bench warrant is its interstate, and the lawyers Im dealing with are all famly or custody based and still researching.

Its too bad this site is just about lawyers fishing for clients - I kind of suspected that from looking at the site, but it really is a shame. I have doubts as well about it actually being US law that requires the state. Seems more like a way for attorneys to try to find clients. If any law requires state regarding jurisdictions, it seems it would be state not US and only apply to lawyers, not peers helping each other as this site claims to be.

[fairisfair]

Of course it couldn't possibly be because different states have different laws governing the same isues. oh no, it couldn't possibly be that.

yeah, you are right we are all just fishing. and throwing back the small ones, buh bye guppy.

[seniorjudge]

You are not being told the correct law on revocation of passports.

See for yourself:
[url]http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=fbb86836b5fadd2c487baff267f108ca&rgn=div5&view=text&node=22:1.0.1.6.33&idno=22#22:1.0 .1.6.33.5.5.1[/url]

...
(a) A passport, except for direct return to the United States, shall not be issued in any case in which the Secretary of State determines or is informed by competent authority that:

(1) The applicant is the subject of an outstanding Federal warrant of arrest for a felony, including a warrant issued under the Federal Fugitive Felon Act (18 U.S.C. 1073); or

(2) The applicant is subject to a criminal court order, condition of probation, or condition of parole, any of which forbids departure from the United States and the violation of which could result in the issuance of a Federal warrant of arrest, including a warrant issued under the Federal Fugitive Felon Act; or

(3) The applicant is subject to a court order committing him or her to a mental institution; or

(4) The applicant is the subject of a request for extradition or provisional arrest for extradition which has been presented to the government of a foreign country; or

(5) The applicant is the subject of a subpoena issued pursuant to section 1783 of title 28, United States Code, in a matter involving Federal prosecution for, or grand jury investigation of, a felony; or

(6) The applicant has not repaid a loan received from the United States as prescribed under §§71.10 and 71.11 of this chapter; or

(7) The applicant is in default on a loan received from the United States to effectuate his or her return from a foreign country in the course of travel abroad; or

(8) The applicant has been certified by the Secretary of Health and Human Services as notified by a State agency under 42 U.S.C. 652(k) to be in arrears of child support in an amount exceeding $2,500.00.

(b) A passport may be refused in any case in which the Secretary of State determines or is informed by competent authority that:

(1) The applicant has not repaid a loan received from the United States to effectuate his or her return from a foreign country in the course of travel abroad; or

(2) The applicant has been legally declared incompetent unless accompanied on his or her travel abroad by the guardian or other person responsible for the national's custody and well being; or

(3) The applicant is under the age of 18 years, unmarried and not in the military service of the United States unless a person having legal custody of such national authorizes issuance of the passport and agrees to reimburse the United States for any monies advanced by the United States for the minor to return to the United States; or

(4) The Secretary determines that the national's activities abroad are causing or are likely to cause serious damage to the national security or the foreign policy of the United States; or

(5) The applicant has been the subject of a prior adverse action under this section or §51.71 and has not shown that a change in circumstances since the adverse action warrants issuance of a passport; or

(6) The applicant is subject to an order of restraint or apprehension issued by an appropriate officer of the United States Armed Forces pursuant to chapter 47 of title 10 of the United States Code.
....


[url]http://travel.state.gov/passport/ppi/info/info_870.html[/url]

[Helmut]

Thank you for the link, thats more than I read before. However I dont see how any of those apply to me.

There are no federal charges. There is not federal case.

As its stands now:

State A (A US state) awarded me custody.

PA (State B) has now assumed jurisdiction, but State A has not relinquished it and still asserts it. PA has not changed custody, but has issued a bench warrant for failure to appear. However they have never served me, and I have not lived in PA for over 10 years. My ex moved there after State A awarded custody, then just started filing things agasinst me. Oh did I mention she originally did a parental kidnapping and moved out of state A under order not to and was held in contempt several times by state A?

PA even agreed to leave jurisdiction 2 years ago wtih State A. State A at that point asserted in a court order that it was holding exclusive jurisdiction till child is 18. Now out of the blue - and without contacting state A, just assumed jurisdiction and told me that I was now in their jurisdiction. And Im left to deal with this mess.

I lived in state A before I left for Europe. PA has just decided to muck about for some reason or another that no one can figure. I believe if we end up in Federal court I will prevail with jurisdiction remaining with State A. However Im out of money and there is a bench warrant. In fact one time the judge in PA said off the record "Im probably wrong, but I can cause you a lot of trouble until you can appeal / overrule me". Judge is also retiring in 4 months.

[Helmut]

A simplified version:

-Both states currently say I have custody. There are currently no rulings removing custody. I have my son legally, and removed him from the US with a court order authorizing me to do so, and obtained his residence permit here using said court order.

-The *only* issue to date is a bench warrant in PA for a failure to appear. I live in Germany and have since 2000. In late 2005 my ex filed against me in PA (because it was convenient for my ex, where my ex lives) and they just popped up one day on short notice and told me I had to show up in PA at my own expense from Germany (and oh, bring the child). I didnt, and now they issued a bench warrant.

-The order from state A specifically states any modifications must be done in state A, and PA previously agreed to it. Now they have changed their mind, and assumed jurisdiction over me in their words because "I dont live in any state, and since my parents now live in PA, seems like a good place to have jurisdiction".

[CdwJava]

Originally Posted by Helmut

1) How seroius is this bench warrant?

It depends ... how serious do you consider incarceration?

2) Will it show up in FBI Identification Record? (This is often necessary overseas for foreigners for work, residence permits, etc)

If it has been entered into NCIC, yes.

3) if I visit US which I do sometimes will it show up at border and will I be arrested?

Possibly.


- Carl