A long overdue published case was decided this week by Judges Koblitz, Ostrer, and Mayer. JG v. JH: http://www.dpdlaw.com/JGvJH.pdf
In essence, the frustration we've all felt in handling FD cases, where a very brief informal hearing is often held rather than permitting full process should be at an end. "The welfare of children is paramount whether the parents are married, divorced or never-married" and all deserve the benefit of parents "having an opportunity to exchange discovery, retain an expert witness, call witnesses or cross-examine each other."
Although not addressed in the decision, FD litigants should also be required to attend the Parent Education Seminars, which I think we all agree are a tremendous benefit to the litigants.
I have been looking at possible ways to approach this from a civil rights angle for years (the lack of process afforded to children of unmarried parents implicating both equal protection and procedural due process), but couldn't get past the judicial immunity issues. This is going to cause an increased burden on the courts, but there's no way around that. Big congrats to Grace E. Kelly of Legal Services for this monumental ruling.
<x-sigsep></x-sigsep> David Perry Davis, Esq.
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