FAMILY LAW DAILY NEWS

Northampton man pleads not responsible to kidnapping cost in custody dispute with DCF

Published: 8/16/2022 9:32:01 PM

Modified: 8/16/2022 9:28:33 PM

NORTHAMPTON — A city man pleaded not guilty Monday to charges related to an incident in which he failed to surrender his baby to the Department of Children and Family Services late last week.

Colin York, 34, was arraigned in Northampton District Court on charges of kidnapping of a minor by a relative and resisting arrest.

At the arraignment, the prosecution said that DCF was awarded custody of the 6-month-old child belonging to York and his wife in juvenile court in Hadley last Friday. The court granted DCF custody in the wake of charges against York that he allegedly assaulted a family member in June. The prosecution said that York was not cooperating with the DCF investigation stemming from the alleged crime.

On Friday, DCF contacted York by phone while authorities were at his apartment, and he was defiant about not wanting to give up his child, the prosecution said in court. Police then obtained a kidnapping warrant when they were unable to determine where York was.

Northampton Police went to serve the kidnapping warrant on Saturday at the downtown apartment where York lives with his family. York allegedly resisted arrest and was pepper-sprayed, according to the prosecutor. The baby was then taken from York’s wife, although the mother has been allowed to see the baby to breastfeed.

At Monday’s arraignment, the prosecution asked the judge to revoke York’s bail stemming from the June assault charge.

York’s attorney, Robert Obsitnick, said that DCF is trying to get York’s wife to file a restraining order against York in order for her to get their child back, and that the custody move from DCF was an overreaction to York canceling a meeting.

“The child is not in danger,” Obsitnick said.

York also spoke at length at the arraignment, against the counsel of his lawyer.

“This child has been raised in a loving environment,” York said. “She has never been abused, she has never been neglected.”

York also said he needs to be out to help his wife regain custody of their child.

In the end, Judge Jacklyn Connly chose to set bail at $1,000 for the new charges and to not revoke bail on the June charge.

“Thank you,” York said, sobbing.

York is next set to appear in court on Sept. 12.

Bera Dunau can’t be reached at [email protected].

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