question concerning bench warrants

[reportermom]

What is the name of your state (only U.S. law)? PA.

So Little One's Dad has asked for a child support modification twice in the last two months. The first date he didn't show up to. (He had already been found in contempt for not paying as ordered and was given a chance to get caught up.) So he didn't show up in early December was issued a 10 day notice to appear. He came in a week after he got the notice to appear and re-filed for the modification. He went through the office workers and not the court clerks to file, so they gave him a date for a modification on the same day as his contempt compliance hearing as they didn't know of anything else going on with the contempt. Both hearings were scheduled at the same time because the same office takes care of them.

He didn't show up for this date last week. The Domestic relations officer was very angry and got permission to issue a bench warrant for his arrest as he is still in contempt and has made no attempt to pay as ordered.

Although I was at the hearing and knew about the bench warrant, I knew nothing else. Little One got a call from her Dad yesterday afternoon. When she got off the phone she said she had a weird conversation with him. I asked her what she meant. She stated that it went like this: Her Dad informed her that the cops were after him and they took his jeep and he was going to be staying at various friends houses, a different ones each night, so the cops can't find him.

Little One stated that she thinks that they have him confused with someone else and he should just talk to them and get it cleared up. Of course, we had a whole conversation about responsibility and how cops are our friends. Little One doesn't understand why her Dad is hiding from the cops.

So since Dad has called and told Little One that he is basically hiding out from the law, should I allow her to go with him on Friday? He is supposed to pick her up from school. I don't want her traveling around to different friends each night with him. I don't think that is any kind of a life for a child.

Thought? opinions? THanks for your perspective!What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? PA.

So Little One's Dad has asked for a child support modification twice in the last two months. The first date he didn't show up to. (He had already been found in contempt for not paying as ordered and was given a chance to get caught up.) So he didn't show up in early December was issued a 10 day notice to appear. He came in a week after he got the notice to appear and re-filed for the modification. He went through the office workers and not the court clerks to file, so they gave him a date for a modification on the same day as his contempt compliance hearing as they didn't know of anything else going on with the contempt. Both hearings were scheduled at the same time because the same office takes care of them.

He didn't show up for this date last week. The Domestic relations officer was very angry and got permission to issue a bench warrant for his arrest as he is still in contempt and has made no attempt to pay as ordered.

Although I was at the hearing and knew about the bench warrant, I knew nothing else. Little One got a call from her Dad yesterday afternoon. When she got off the phone she said she had a weird conversation with him. I asked her what she meant. She stated that it went like this: Her Dad informed her that the cops were after him and they took his jeep and he was going to be staying at various friends houses, a different ones each night, so the cops can't find him.

Little One stated that she thinks that they have him confused with someone else and he should just talk to them and get it cleared up. Of course, we had a whole conversation about responsibility and how cops are our friends. Little One doesn't understand why her Dad is hiding from the cops.

So since Dad has called and told Little One that he is basically hiding out from the law, should I allow her to go with him on Friday? He is supposed to pick her up from school. I don't want her traveling around to different friends each night with him. I don't think that is any kind of a life for a child.

Thought? opinions? THanks for your perspective!What is the name of your state (only U.S. law)?

Dad is being really stupid in hiding out from the cops. All he is doing is delaying the inevitable.

I have a feeling that he won't even attempt to pick her up. For that reason, I would pick her up myself, early, if I were you, and then notify dad to pick her up at your house. That way you don't have to risk having the child be left at school.

 

[AkersTile]

Dad is being really stupid in hiding out from the cops. All he is doing is delaying the inevitable.

I have a feeling that he won't even attempt to pick her up. For that reason, I would pick her up myself, early, if I were you, and then notify dad to pick her up at your house. That way you don't have to risk having the child be left at school.

I agree with Ld, but I was also wondering if OP could be held in contempt for not letting kiddo go with Dad this weekend. Wouldn't it be worse for kiddo to see Dad get arrested (which is a possibility) than to not see him this weekend?

Although to file contempt Dad would have to go to the courthouse which probably wouldn't be the brightest thing to do when you have a warrant out for you.

 

[frylover]

I know this isn't legal advice and legally no one really cares....

But I HOPE dad doesn't try to pick up this child. Because if he shows up, Mom has to let kiddo go. And I can't imagine how scary it would be for a child to have the cops show up and drag her daddy off while she is with him.

ETA: Sorry, AKers...cross posting!

 

[AkersTile]

I know this isn't legal advice and legally no one really cares....

But I HOPE dad doesn't try to pick up this child. Because if he shows up, Mom has to let kiddo go. And I can't imagine how scary it would be for a child to have the cops show up and drag her daddy off while she is with him.

ETA: Sorry, AKers...cross posting!

LOL. I realized that as soon as I hit submit.
Great minds think alike I guess.

 

[Ohiogal]

so why doesn't MOM pick up child and then call the police and inform the police that dad will be picking up child at her place that night. Child can then be at a friends' house and the cops can nab dad at pickup.

 

[frylover]

I actually thought of this, and thought it was a great solution. But I kinda expected someone to take offense to the suggestion that mom basically assist in dad's arrest.

 

[Ohiogal]

I actually thought of this, and thought it was a great solution. But I kinda expected someone to take offense to the suggestion that mom basically assist in dad's arrest.

I look at it as MOM PROTECTING CHILD from witnessing dad's arrest and helping dad take care of his issues.

 

[AkersTile]

I look at it as MOM PROTECTING CHILD from witnessing dad's arrest and helping dad take care of his issues.

I agree with this. I also thought the same way as OP about suggesting it that it may look like Mom is trying to set Dad up.

 

[reportermom]

Thanks to every one who posted their replies!

I appreciate everyone chiming in. My big issue is that Dad called Little One and told her explicitly that he is hiding out from the law. I will not allow Little One to think that it is at all acceptable for him to hide out from the cops.

He called her again today and told her that he got his jeep back and someone "sabatoged" his tires to look all flat like. (Little One's words) He also had her ask what time he should pick her up on Friday. In all this stuff going on, I almost forgot that Friday is parent teacher conference day and Little One is off.

It is written in our order what time he is to pick her up. She will not be here at pick up time. Her grandfather will not to be permitted to pick her up. I will insist that her Dad pick her up, and there will be a sheriff here to meet him. She has gone through enough at his hands. I will not allow her to be traumatized by him again by watching him be arrested.

I know that this is setting him up to be arrested, but I did not skip court and ignore a court order.

Again, thanks for all of your input! I will let you know how Friday goes!

 

[AkersTile]

Good Luck! Hope everything works out well.

 

[Ohiogal]

Thanks to every one who posted their replies!

I appreciate everyone chiming in. My big issue is that Dad called Little One and told her explicitly that he is hiding out from the law. I will not allow Little One to think that it is at all acceptable for him to hide out from the cops.

He called her again today and told her that he got his jeep back and someone "sabatoged" his tires to look all flat like. (Little One's words) He also had her ask what time he should pick her up on Friday. In all this stuff going on, I almost forgot that Friday is parent teacher conference day and Little One is off.

It is written in our order what time he is to pick her up. She will not be here at pick up time. Her grandfather will not to be permitted to pick her up. I will insist that her Dad pick her up, and there will be a sheriff here to meet him. She has gone through enough at his hands. I will not allow her to be traumatized by him again by watching him be arrested.

I know that this is setting him up to be arrested, but I did not skip court and ignore a court order.

Again, thanks for all of your input! I will let you know how Friday goes!

You are NOT setting him up to be arrested. You are making sure that the police catch someone with a warrant at a time when your child is least likely to be impacted.

 

[ecmst12]

This will definitely show little one that actions have consequences and everyone should obey the law.

 

[reportermom]

update!

Well, Dad hadn't been showing up trying to pick Little One up.

He did, however, walk into the court house and slip a brown paper envelope under the judges chamber's door with a very professional looking "pro se" Motion to Clear Warrant. In it, he alleges that the warrant was issued and it was believed to be issued because of a failure to appear, and the hearing he didn't show up for was continued. The continued order only addresses a support modification, not the contempt compliance.

The courts in my county were reorganized in January and it is curious that he delivered the motion to the New judge. The new judge just came over from civil court and is very detail and rule oriented. Needless to say, the motion was denied. It also seems that his doing this put him in the radar of the warrant enforcement officers.

He was picked up on Monday. He has been ordered to pay the $100 he had on him, $500 by end of business yesterday, and $500 by the end of business on this coming Monday. He was also ordered to pay the $500 counsel's fees by 3/31.

The warrant is suspended until Monday. If he doesn't pay by 4:30 when the courts close, and take the receipt to the proper window, then he will be picked up again and go straight to a hearing in front of a judge.

In the mean time, Little one has enjoyed the monstrous amounts of snow and the ensuing days off of school. (we built a fort, complete with escape tunnels.) She asked me the other day if her Dad had taken care of his stuff yet, and I told her no. She just shook her head and said she missed him.

 

[LdiJ]

Your poor little one! I hope her daddy gets his act together soon.