What You Need to Know About Failure to Appear in Child Custody Court in California
Failure to appear in child custody court can have serious repercussions for the individual and for court proceedings. Here is what you need to know about failure to appear in California child custody court.
Willfully failing to appear in court can have an immensely detrimental impact on a child custody case. Not only does failure to appear prevent one from presenting their side with arguments and evidence, but it also can lead to civil penalties and fines.
Consequences of Failing to Appear in Child Custody Court
If one party fails to appear in child custody court, it could result in an automatic victory for the opposing party. This is because court proceedings are permitted to continue without all parties present, and many times this results in a default judgment against the absent party. An automatic victory could result in detrimental effects for the absent party, including limited or no visitation rights. Even in cases in which an automatic victory is not granted, absence from child custody court prevents one from advocating for themselves, which may sway a judge in favor of the other party.
Related: How to Win Child Custody for Mothers in California
In some cases, failure to appear in child custody court can result in the dismissal of the entire case. In this instance, the dismissal will be without prejudice; this means that the petitioner of the child custody case may have the ability to refile their petition.
Related: How to File for Child Custody in California
When one fails to appear in child custody court, the judge will most likely issue a bench warrant. This warrant is what law enforcement requires to arrest a person who has failed to appear in court. When one becomes aware of the fact that a bench warrant has been issued against them – a copy is typically mailed – the recipient has the option to either voluntarily show up to court or wait to be arrested by law enforcement. Individuals who voluntarily show up to the courthouse can do so with an attorney present. Individuals are then given the chance to explain to the judge the reason as to why they failed to appear. Attorneys may also advocate on the previously absent party’s behalf in this scenario. A judge may recall the warrant depending on the severity and if this is the first bench warrant received, however, this is determined on a case-by-case basis and is not guaranteed.
Failing to appear in court following a court order can have consequences other than an automatic victory for the opposing party. Consequences include but are not limited to:
- A warrant issued for arrest
- Additional failure to appear charges
- If applicable, revoking one’s probation
- If applicable, the forfeiture of any posted bail or bond
- If applicable, a hold may be placed on one’s driver’s license
Failure to appear in California child custody court can derail the custody process as well as become very expensive. It is strongly encouraged that individuals appear on every court date to avoid these repercussions and to present their case.
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If you or a loved one have any more questions about failure to appear in California child custody court, contact us. Get your free consultation with one of our California Child Custody Attorneys today!