Procedural Rights Motion

Even when the court meets the substantive rights bar to infringe your parental rights, the court is duty bound to provide fundamentally fair proceedings. This sample motion addresses the specific requirements on the court to provide fundamentally fair proceedings. There are specific actions the court must take and there is a specific test the court must apply before the proceedings can be considered fair. Every case is different and this test must be applied to the specific facts of your case individually by the judge. Your judge is simply not allowed to say that the legislature performed this function in establishing the law because this is a judicial function where the outcome depends on the specific facts of your case. These rules absolutely apply in family law cases.