QUESTION
Will I be arrested for failure to appear in family court (NY)? I am the petitioner in a child custody case and we are trying to work things out for ou
Asked on May 05th, 2014 on Family Law - New York
More details to this question:
I recently filed a petition in family court (Staten Island, N.Y.) for joint legal custody of my daughter and the court date is set for 06 May 2014. However, my girlfriend and I are back together and trying to work things out between us. I sent an email to Catherine Friedman (ADR Coordinator), LIFT (Legal Information for Families Today) and Jamie Veloce of Richmond Family Court and spoke to the clerk. They have all advised me that if I didn't appear, the case would be dismissed for failure to appear by the moving party, although LIFT also said to write a letter to the Judge. As a Navy Veteran and Civilian for 28 years, I don't want to not appear for a court appearance I requested, and waste the courts time while risking a warrant. I also sent a fax to William Quirk, the court clerk but, to date, I haven't received an answer. Is there any way to withdraw the petition for custody and cancel the pending court date? If I fail to appear, will there be a warrant issued for my arrest as the petitioner? I really appreciate your assistance in this matter. Thanks you in advance for all of your help.
2 ANSWERS
Hi -- I understand and respect your concern that FC will be upset with you for defaulting -- that is, simply not showing up -- but it seems clear to me that you have done whatever you needed to do to let them know that you are withdrawing your petition. People do it all the time! There is no criminal punishment for defaulting on a petition.
I would write a letter directly to the judge, copy to the FC Clerk, advising that you are withdrawing your petition since you and your GF are trying to work things out between yourselves. If you wish, ask for confirmation that the Court has removed your case from the calendar.
Hope this helps
Answered on May 05th, 2014 at 3:36 PM
You can withdraw your petition. Alternatively if you don't show the petition will be dismissed. No arrest is involved.
Answered on May 05th, 2014 at 3:09 PM