THERE IS SOMETHING BAD HAPPENING TO OUR CHILDREN IN FAMILY COURTS TODAY
Judge Brian Lindsay
Retired Supreme Court Judge
New York, New York
“There is something bad happening to our children in family courts today that is causing them more harm than drugs, more harm than crime and even more harm than child molestation.”
Judge Watson L. White
Superior Court Judge
Cobb County, Georgia
Calabretta v. Floyd, 189 F.3d 808 (9th Cir. 1999).
The mere possibility or risk of danger does not constitute an emergency or exigent circumstance that would justify a forced warrantless entry and a warrantless seizure of a child. Hurlman v. Rice, (2nd Cir. 1991)
A due-process violation occurs when a state-required breakup of a natural family is founded solely on a “best interests” analysis that is not supported by the requisite proof of parental unfitness. Quilloin v. Walcott, 434 U.S. 246, 255, (1978)
“Permanent termination of parental rights has been described as the family law equivalent of the death penalty in a criminal case.” Therefore, parents “must be afforded every procedural and substantive protection the law allows.” Smith (1991), 77 Ohio App.3d 1, 16, 601 N.E.2d 45, 54.