what would you do?

[ezmarelda]

What is the name of your state? California

This thread https://forum.freeadvice.com/showthread.php?t=334033#post1460034 got me thinking...(I know, my Daddy always told me dion' that would get me inta trouble )

My daughter's father has 2 warrants outstanding right now. One is a no-bail(drug related charges) I have been advised by local PD and sherif dep that if he shows up to see his daughter I am to call asap and even to call 911 and not to release our daughter to him

Now I know I am in contempt if I do not follow the court order however under the circumstances shouldn't I do what is best for my daughter until I go back to court to modify the CO???

 

[fairisfair]

Personally, I agree with you eme. No way would I send my child with someone that I know has an active warrant. But, the legal advice was correct.

 

[tigger22472]

I will tell you what happened to someone I know (actually it's the mother of my step-daughter but concerning her son from another relationship).

Dad was arrested for drugs and was pending court. Mom immediately filed for an emergency hearing, however you have understand the court of jurisdiction did not have a computer system and was very slow so 'emergency' to them was 'within a month.' I in fact was a babysitter for the child when mom and step-dad were working. Mom's attorney advised her that while dad was out on bail if he were to show up to utilize visitation to NOT release the child. As the babysitter this also put me in the middle as dad attempted to show at my house also. Mom was advised that although yes in reality she would be in contempt the judge would do nothing.

What we did was when it was time for dad to utilize visitation we made sure the child was not at mom's house or my house. We actually kept him moving (my BIL delivered pizza at the time so he went to work with him... at 9 he thought it was cool ). This kept it so the child was not privy to any confrontation that may occur even though he knew the situation.

You are in a situation that if you allow him to take the child and he were to get arrested while with the child then the child is traumatized by the event. It's unlikely a judge would frown on that.

Oh.. BTW... in the case I told you about dad lost all visitation and contact with the child until after his legal proceedings (there was the possibility child would be called to testify) and he then filed to reinstate his visitation. Dad has been out of jail for almost 2 years and has never filed. This all started in early 2002.

 

[ezmarelda]

Personally, I agree with you eme. No way would I send my child with someone that I know has an active warrant. But, the legal advice was correct.

I wasn't questioning the advice given...I know it was legaly correct

But I also see warrants for non payment of c/s a bit less of a problem than a no bail/drug related charge

 

[ezmarelda]

thanks tigg!
DufuX is aware that he has a warrant (I dont think he know he has 2) and has not attemptd to see his daughter since May

The last 2 time he has claimed he had "car issues" and has not showen up. My local PD are all fighting over who gets to take the call to arrest him
I am scheduled to go back to court in Oct. and am planning on requesting that his visitation be suspended until his other legal matters are resolved and that he be the one to bring a motion to reinstate

 

[fairisfair]

I wasn't questioning the advice given...I know it was legaly correct

But I also see warrants for non payment of c/s a bit less of a problem than a no bail/drug related charge

I doubt the child who ended up in the middle of either situation would see the difference.

 

[ezmarelda]

I doubt the child who ended up in the middle of either situation would see the difference.

agreed 100%
my little one is blissfuly unaware of what kind of person her father has chosen to be...and shall stay as such untill she is old enough to understand and figure it out for herself

 

[casa]

What is the name of your state? California

This thread https://forum.freeadvice.com/showthread.php?t=334033#post1460034 got me thinking...(I know, my Daddy always told me dion' that would get me inta trouble )

My daughter's father has 2 warrants outstanding right now. One is a no-bail(drug related charges) I have been advised by local PD and sherif dep that if he shows up to see his daughter I am to call asap and even to call 911 and not to release our daughter to him

Now I know I am in contempt if I do not follow the court order however under the circumstances shouldn't I do what is best for my daughter until I go back to court to modify the CO???

I rarely advise people to go against a Court Order~ But there ARE situations where it's the Right thing to do. This is one of them. This is also why there typically takes several infractions before an actual ruling of Contempt is made....It's not ONE denial but a pattern of denial which usually results in contempt.

In other words~ You're fine eme

 

[ezmarelda]

I rarely advise people to go against a Court Order~ But there ARE situations where it's the Right thing to do. This is one of them. This is also why there typically takes several infractions before an actual ruling of Contempt is made....It's not ONE denial but a pattern of denial which usually results in contempt.

In other words~ You're fine eme

thanks...sometimes I start to second guess my self too many times