My question involves criminal law for the state of: PA
A 6 year old child calls his mother at 11:45 at night, stating that he can't wake his father up. The child says that he has yelled "daddy daddy", & shaken his father, & he won't wake up. The child wants his mother to come get him because he's scared. The mother questions the child to find out what the circumstances are, & the child tells her that he isn't in his pajamas, he wasn't tucked into bed, and he has been reading books for a "long time" while daddy is sleeping.
The mother stays on the phone with the child, goes to the father's house, & the child, who is looking out the front window, opens the front door. The mother tells the child to put his father's cell phone on the sofa, & puts the child in the car. The mother tries to call the father's house, and gets no answer. The mother takes the child home, puts him to bed, & tries to call the father again, no answer. The father calls back immediately, & asks why the mother took the child, insists that the mother bring him back immediately, & says that he is going to come get him, and that he's calling the police.
The father calls the police in his jurisdiction, and gives a statement. The police call the mother, & state that while they will not get involved in a civil matter, they recommend that the mother give the child back to the father in the morning.
The father goes to the mother's house, & yells for his child from the front porch. The mother tells them that he's asleep, he can have him back in the morning, and asks him to leave. The father continues to yell his child's name. The father calls the police again, & the police in the mother's jurisdiction respond.
The father gives his statement to the police, and the police go into the mother's house to hear her statement. They inform the mother that if she entered his home without the consent of an inhabitant of sufficient age, she could be charged with criminal trespass by the police in the father's jurisdiction. They tell the mother that she should immediately call the police if there are any further problems of this type. The police go into the child's room & observe him sleeping in his bed, & leave.
There is considerable ongoing conflict between these parents, although for about 3 years there has been no police contact because of it. There is a custody order in place for 3.5 years, with no history of contempt from either party. This incident did occur during the father's period of custody.
The mother has expressed concern about the father's physical health in regard to his ability to properly supervise the child. The child frequently complains that his father sleeps quite a lot, to the point that the child has to find his own food to eat, & entertains himself for unknown periods of time. The child states that he watches tv while his dad is asleep, but isn't able to change the channels, & watches programs that are wildly inappropriate for a 6 year old (the child doesn't know what they're called, he just describes violent crime, puppies being killed, people getting killed, etc). The child has nightmares about these movies, & explains to the mother that he is dreaming about the movies he watches at daddy's house. The child says he eats snacks that he doesn't have to cook when daddy is asleep.
The father has a congenital condition that has required periodic hospitalization through out the father's life. This disease gets progressively worse as one ages, & usually results in earlier death. The father also fell suddenly ill 3 year ago, unexpectedly collapsing, & falling into a coma for several months, & requiring 2 forms of life support while he was comatose. Since this incident, the father has been using prescription drugs for pain management. The mother has expressed her concern about this medication to the father in regard to his haphazard storage of the bottles, within the reach of the child, as well as his inability to stay awake during the day. Although the parents don't often speak on the phone, the mother claims that when she does call the father, he usually sounds as if he was asleep, and seems very out of sorts, even for one who has just been woken up. The mother has contacted CYS with her concerns about the father's home & physical ability to supervise the child, & while CYS said that they would document her concerns, they did not meet the threshold required to further investigate.
The mother is concerned about being held in contempt of court for taking the child with her during the father's period of custody, as well as being charged with harassment, trespassing, or any other sort of crime because she took the child from his father's residence. The mother returned the child to the father the morning following this incident.
A 6 year old child calls his mother at 11:45 at night, stating that he can't wake his father up. The child says that he has yelled "daddy daddy", & shaken his father, & he won't wake up. The child wants his mother to come get him because he's scared. The mother questions the child to find out what the circumstances are, & the child tells her that he isn't in his pajamas, he wasn't tucked into bed, and he has been reading books for a "long time" while daddy is sleeping.
The mother stays on the phone with the child, goes to the father's house, & the child, who is looking out the front window, opens the front door. The mother tells the child to put his father's cell phone on the sofa, & puts the child in the car. The mother tries to call the father's house, and gets no answer. The mother takes the child home, puts him to bed, & tries to call the father again, no answer. The father calls back immediately, & asks why the mother took the child, insists that the mother bring him back immediately, & says that he is going to come get him, and that he's calling the police.
The father calls the police in his jurisdiction, and gives a statement. The police call the mother, & state that while they will not get involved in a civil matter, they recommend that the mother give the child back to the father in the morning.
The father goes to the mother's house, & yells for his child from the front porch. The mother tells them that he's asleep, he can have him back in the morning, and asks him to leave. The father continues to yell his child's name. The father calls the police again, & the police in the mother's jurisdiction respond.
The father gives his statement to the police, and the police go into the mother's house to hear her statement. They inform the mother that if she entered his home without the consent of an inhabitant of sufficient age, she could be charged with criminal trespass by the police in the father's jurisdiction. They tell the mother that she should immediately call the police if there are any further problems of this type. The police go into the child's room & observe him sleeping in his bed, & leave.
There is considerable ongoing conflict between these parents, although for about 3 years there has been no police contact because of it. There is a custody order in place for 3.5 years, with no history of contempt from either party. This incident did occur during the father's period of custody.
The mother has expressed concern about the father's physical health in regard to his ability to properly supervise the child. The child frequently complains that his father sleeps quite a lot, to the point that the child has to find his own food to eat, & entertains himself for unknown periods of time. The child states that he watches tv while his dad is asleep, but isn't able to change the channels, & watches programs that are wildly inappropriate for a 6 year old (the child doesn't know what they're called, he just describes violent crime, puppies being killed, people getting killed, etc). The child has nightmares about these movies, & explains to the mother that he is dreaming about the movies he watches at daddy's house. The child says he eats snacks that he doesn't have to cook when daddy is asleep.
The father has a congenital condition that has required periodic hospitalization through out the father's life. This disease gets progressively worse as one ages, & usually results in earlier death. The father also fell suddenly ill 3 year ago, unexpectedly collapsing, & falling into a coma for several months, & requiring 2 forms of life support while he was comatose. Since this incident, the father has been using prescription drugs for pain management. The mother has expressed her concern about this medication to the father in regard to his haphazard storage of the bottles, within the reach of the child, as well as his inability to stay awake during the day. Although the parents don't often speak on the phone, the mother claims that when she does call the father, he usually sounds as if he was asleep, and seems very out of sorts, even for one who has just been woken up. The mother has contacted CYS with her concerns about the father's home & physical ability to supervise the child, & while CYS said that they would document her concerns, they did not meet the threshold required to further investigate.
The mother is concerned about being held in contempt of court for taking the child with her during the father's period of custody, as well as being charged with harassment, trespassing, or any other sort of crime because she took the child from his father's residence. The mother returned the child to the father the morning following this incident.
Trespassing: High Conflict Co-Parents and Contempt of Court, Trespass, Harassment Charges
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