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interference with custody

Discussion in 'Other Family Law Matters' started by mchlebik, Oct 7, 2002.

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  1. mchlebik

    mchlebik Law Topic Starter New Member

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    I have a court hearing to see if an arrest warrant should be issued against me for interference with custody. I let a friend of my child stay with us for a while. what does this mean for me and what should I do?:confused:
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I'm assuming that the child in issue is your child's friend and that they are accusing you of knowingly interfering with a custody order by keeping this child for a few days.
     
  3. mchlebik

    mchlebik Law Topic Starter New Member

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    Yes. They are my son's friend's parents. If all that makes sense. There are no custody orders. My son said, 'my friend was kicked out of his house, can he stay with us'. I said yes. After two weeks, and them knowing where he was, his parents had him arrested for being a runaway. We are talking about 16 year old boys.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    If his parents knew where he was, you may want to bring up the matter of abuse of process. What is important is whether the guardian knew where he was and your ability to prove it.

    You should be strong at the court hearing and you should raise the abuse of process issue in that the parents are needlessly bringing you to court -- did you ever keep the child against the will of a parent? Did you know of a conflict about returning the child home and you refused? If the answer is affirmative then there are some issues to be sorted out but the arrest seems highly unnecessary and inflammatory.
     
  5. mchlebik

    mchlebik Law Topic Starter New Member

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    His parents knew exactly where he was and never once contacted me. I did not keep him against his or his parents will. I am having to go through a court appointed attorney. Should I consider a counter claim of some kind against his parents?
     
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Perhaps you should wait until after the hearing. You should see if his parents admit that they knew where he was or if the boy testifies that the parents knew. Using that evidence you can decide how strong a case might be against them for using you as a pawn and dragging you in unnecessarily into their mess.
     
  7. mchlebik

    mchlebik Law Topic Starter New Member

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    Since he is back with his parents, should I subpeona the boy to make sure he is in court? He is sixteen now, but will turn seventeen on the day of the court hearing. Can I even subpeona a juvenile and can I do that myself or is that for lawyers only?
     
  8. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I'm not sure that the child's desire is at issue. It is your housing the child against the will of the custodial parent. Did they ever tell you that he couldn't stay there? Did you ever contact his parents to let them know their child was in your house for two weeks? If you allowed the child to stay at your house, it is very likely you knew something was wrong.
     
  9. mchlebik

    mchlebik Law Topic Starter New Member

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    His parents never contacted me to say not to let him stay. I contacted his mother once to let her know he was alright. At that time she knew where he was staying. They next day she had him arrested as a runaway. Obviously, I knew there was a problem when I was told he was kicked out of his house. Bottom line they knew where he was and who he was with. He had already been talking to his mother about what was going on before she had him arrested. So where does that leave me?
     
  10. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I'd get a copy of my local phone records. If you need a subpoena, have the court help you (but you shouldn't need one.) Proving that you had a call with the child's mother should really spank them in court, especially if they perjured themselves so as to drag you in needlessly to harass.
     

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