Significant Appeal of Interest
May a court deprive you of your rights to custody or visitation of your children without due process of a hearing? The short answer would appear to be no, but that has not been the practice in many courts in New York State. How can this be? As astounding as this sounds, the Court of Appeals will be looking at a lower standard of substituted accepted practice which has been utilized in many instances in family courts, but particularly in the instant action, by a judge who stripped a mother of custody of her children and set forth supervised visitation without holding a fair hearing.
This issue will be addressed on May 5, 2016 at the New York Court of Appeals and the decision may affect one of your cases.
This case brief is a worthwhile read for all practitioners who care about fairness and due process.
Here is the link to the brief: https://burkelegal.wordpress.com/2016/03/19/brief-to-the-new-york-court-of-appeals/
It is our hope that justice will prevail.