Often in domestic law, especially in child custody matters, parents wonder why reasonable notice, ability to present evidence or things that make or break their right to be involved in their children’s lives seems to not matter.
Fairness is just glossed over like a sizzling ad campaign to make it seem safe to enter a legal process as a parent, but which fades after you make it far enough in past the storefront. It is not just a disappointment when laws providing for a fair process are not applied, it is traumatic. In watching the video of the oral argument shown below, you’ll see that the Georgia Court of Appeals panel is quite passionate about this subject.
This makes no sense in light of that passion:
I’ve actually heard lawyers in domestic circles say that due process does not matter or does not exist in family law, even though there are rules and there is plenty of case law that talks about the ramifications if a party is deprived of due process, if a specific civil right is denied. How can lawyers have this attitude that conflicts so dramatically with the beliefs of appellate court judges?
After years of seeing enormous, life-altering – and in a bad way for children and safe, loving parents – voids (a black hole likely to allow no safe return) when it comes to having opportunity to be heard and having rulings, let alone timely rulings, I was encouraged to see this issue argued so passionately in our Court of Appeals. I saw it because a news media team featured it on The Reveal, a unique show produced by Atlanta’s 11 Alive, and I hope it makes its way to the eyeballs, through the brains and into the hearts of our domestic lawyers and family court judges. Yes, I believe anything is possible.
Grab a seat and be ready to take notes. For sure send your comments through social media or contact me here.
How many more arguments of this kind would you like to see in our appellate courts where you can learn directly from our Judges this way? If you have a case you believe is heading towards oral argument which involves parental rights, relief to restore parent-child bonds and ensure due process in child custody and other domestic matters, please send me a note with a case number.