SEE: Orange County Family Kicked Off Delta Flight

SEAL BEACH, CA — A family of four from Huntington Beach on their way home from Maui were kicked off a late-night Delta flight for refusing to give up a seat the infant was sitting in, according to the family. On April 23, a father, his wife and their two infants were booted off a Delta flight from Maui to LAX, claiming the airline demanded the seats he'd purchased for his children. An extra seat, left over from sending an older child home earlier in the day, was the primary subject of the confrontation, as seen in the video below.

The family was removed from the plane and forced to pay for additional travel home to Los Angeles, according to NBC4LA report.

In the video taken on the Delta flight, Brian Schear of Huntington Beach can be seen discussing the situation with airline security, his frustration, evident.

They were flying on Delta, flight 2222 from Maui to LAX, according to Schear.

"They oversold the flight and (Delta) asked us to give up a seat we purchased for my older son that my younger son was sitting in," he said. "The end result was we were all kicked off the flight. They then filled our four seats with four (other) customers that had tickets but no seats. (Delta) oversold the flight. When will this all stop?"

The flight late night flight was at a standstill during the extended exchange with Delta representatives. At no point in the video did the wording get beyond just the tone of sheer frustration. A representative from Delta who identified herself only as "Jenna" calmly informed the family that they could be put under arrest for committing a felony, alluding to the children being taken away from them.

"He cannot be in a seat at all, as that is FAA regulation for infants in arms," she said. "It's out of my hands now. From this point on, this plane will not go anywhere.

"Trying to help us would be not overselling the flight," Schear said to Jenna in the video.

He did ask if it was an option to just hold the baby, however that was not solution was on longer afforded them after the extended "cold war" conflict between passengers and Delta representatives.

Ultimately, Schear, his wife and their infants were given the ultimatum to leave the plane, or that Delta would deplane the entire flight.

"At this point, you're on your own," the Delta representative Jenna told them, promising that they would get all of their bags off of the plane.

"It was midnight in Maui, and we had to get a hotel and purchase new tickets the following day," he said. "You need to do what's right, I bought this seat, and you need to just leave us alone."

In the video, a Delta representative, Jenna, can be heard saying that it is FAA policy that children under 2 be held in laps and not in seats.

"Technically, he cannot even be in a seat," she said. "I wish I could help you."

In the video, the Delta representative, Jenna, stated that the child was unable to occupy a seat at all, due to "infant in arms" policy.

FAA regulation on child seating 121.311 regarding Seats, safety belts, and shoulder harnesses states:

No person may operate an airplane unless there are available during the takeoff, en route flight, and landing—

(1) An approved seat or berth for each person on board the airplane who has reached his second birthday; and

(2) An approved safety belt for separate use by each person on board the airplane who has reached his second birthday, except that two persons occupying a berth may share one approved safety belt and two persons occupying a multiple lounge or divan seat may share one approved safety belt during en route flight only.

(b) Except as provided in this paragraph, each person on board an airplane operated under this part shall occupy an approved seat or berth with a separate safety belt properly secured about him or her during movement on the surface, takeoff, and landing. A safety belt provided for the occupant of a seat may not be used by more than one person who has reached his or her second birthday. Notwithstanding the preceding requirements, a child may:

(1) Be held by an adult who is occupying an approved seat or berth, provided the child has not reached his or her second birthday and the child does not occupy or use any restraining device; or

(2) Notwithstanding any other requirement of this chapter, occupy an approved child restraint system furnished by the certificate holder or one of the persons described in paragraph (b)(2)(i) of this section, provided:

(i) The child is accompanied by a parent, guardian, or attendant designated by the child's parent or guardian to attend to the safety of the child during the flight;

(ii) Except as provided in paragraph (b)(2)(ii)(D) of this section, the approved child restraint system bears one or more labels as follows:

(A) Seats manufactured to U.S. standards between January 1, 1981, and February 25, 1985, must bear the label: “This child restraint system conforms to all applicable Federal motor vehicle safety standards.”

(B) Seats manufactured to U.S. standards on or after February 26, 1985, must bear two labels:

According to Ian Gregor, Public Affairs Manager of the FAA Pacific Division, there is no FAA policy related to buying a seat for an infant.

"There is no (FAA) rule against buying a ticket for a child under age two," Gregor said.

Ultimately, Schear removed himself and his family from the flight and made alternate arrangements home, though he is unsatisfied with the outcome as of yet.

"They need to change the way they treat us," Schear said in an on-camera interview with NBC4. "We're the customer, we're supposed to be treated with respect."

According to NBC4LA report, Delta is currently reaching out to the Schear family, but there is no word of outcome as of this report.

Legislators this week warned airline executives during a hearing before the House Committee on Transportation and Infrastructure that issues of overbooked flights and poor customer service must be resolved immediately or Congress will step in.

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