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Can Family Court delay for 2 years?
This is a custody and visitation hearing that has been delayed for 2 years. Meanwhile there has been no visitation. By doing this, aren't the Courts violating any Civil Rights here?
There have been 5 delays total. This last one has been scheduled 3 months ago. Now the Judge claims she has a conflict in schedule.
Intelligent answers only. Thanks
Nope...no alcohol, drugs, violence...etc. Actually the kids live with an alcoholic, drug addict. When requesting to submit proof of this, the Judge said it's inadmissable.
The kids are now teens. And through brainwashing claim they don't want to see their Dad.
Great helpful answers! Thank you so much!
6 Answers
- PerdendosiLv 71 decade agoFavourite answer
Yes, that seems like an extraordinary time for delays.
Talk to your lawyer about a "writ of mandamus" -- this is an "extraordinary writ" that you file with an appellate court asking the court command another government official (in this case the lower court judge) to take an action -- in this case, to have the custody hearing.
Because judges are entitled to "judicial immunity," they can't be sued for these delays. But if you have to go to an appellate court to get them going, then that's what you have to do. An appellate writ of mandamus is a big black mark on a court, but considering the nature of what's at stake (vistiation of your children) it may be worth it.
- 1 decade ago
i used to work in child law. depending on the specifics in the case and how many cases your particular judge deals with this is not unusual. the only thing that you can do is either as the judge to recuse herself and get a new lawyer that will deal with the issues head on. because 2 years is too long. i would start by working a deal with the county attorney between you and whoever needs the visitation and then present that to the new judge.
- 1 decade ago
The family courts have been so overwhelmed with cases that they don't know what to do with them. But it is incredibly harmful to kids to be made to wait so long.
Is there a social worker involved in all of this? SW's can often arrange supervised visitation without going to court first. Talk to your attorney about this.
- Anonymous1 decade ago
You mean you haven't seen you kids in 2 years because of court delays? Yes, your rights have been violated.... unless, there is more to this story.
- MikeLv 71 decade ago
courts have UNBELIEVABLE discretion to grant delays or even create them. Check with a lawyer, but your chances of rushing things are not good. It is COMPLETELY up to the judge, and you would have to prove to a higher judge that your judge ABUSED DISCRETION.
- 1 decade ago
yea thats bad you need a new lawyer, thats sick, if your not a druggie or abusive then they have no right.