CHARLOTTE, N.C. --The Mecklenburg County Courthouse was the scene of an unusual courtroom showdown Thursday morning.
Judge Charlotte Brown presided over a hearing that would determine whether a mother would go to jail because she has not taken her children to visit their father since last November.
The woman, who asked not to be identified, says her children s father is David Kennedy, and she s concerned about their safety because Kennedy was indicted by a federal grand jury in November for cocaine trafficking.
She is always going to continue to fight for the safety and welfare of her children, said Tamela Wallace, the mother s attorney.
The couple has two children, a 7-year-old girl and a 4-year-old boy.
Attorney Tom Bush represents David Kennedy, and he asked Judge Brown to issue an order for the mother s arrest.
She was not going to obey a judge s order she didn't like, so she just didn't obey it, so we felt she should go to jail, said Bush.
The woman tried to get emergency custody following Kennedy s indictment, but Judge Brown denied it. The judge did not feel it was a dangerous situation for the kids and in court said that if the Federal Government is willing to let Kennedy out on bond then he s not a threat to the community.
He's being supervised by a federal probation officer. He has cooperated with the United States Government, so the judge considered all those things and said, You know what, I still think he should see his kids, but I m going to make it happen in front of the grandparents.' So he's going to see his kids in front of the grandparents so there is an additional margin of safety, said Bush.
The judge did not hold a contempt hearing, but indicated she would be very disappointed if her order is not obeyed.
While the mother is pleased that she did not have to go to jail, she plans to appeal. In the meantime she says she will comply because the judge made some tweaks to the custody order.