Tammy Noergaard v. Christian Noergaard
DueProcess JusticiabilityDoctri
Does a reviewing court retain jurisdiction to review lower court decisions for due process violations under the Equal Protection Clause that occur before and during a Hague Convention trial
QUESTIONS PRESENTED ‘1. Does a reviewing Court retain jurisdiction to review lower court decisions for due process violations under the Due Process and Equal Protection Clause of the 14th Amendment of the , United States Constitution(‘Equal Protection Clause”) that occur before and during a trial in a case involving the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”); or is jurisdiction limited to violations that fall under Hague Convention Article 26 that ; occurred after the trial and even when the attorney’s ° fees represent a collateral legal consequence ? . e Does a litigant have a right to a timely trial, or ; do several years of delays result in violations of : the Equal Protection Clause, Hague Convention : . Article 2, and/or the American Declaration on the Oo Rights and Duties of Man(“American : _ Declaration”)? e Does a litigant have a fundamental right to equal justice under the law without regard to economic means in a Hague convention case, or can : : ; extreme trial costs and fees violate the Equal : Protection Clause, Hague Convention Article 22, and/or the American Declaration? 2. Can egregious misconduct during trial court proceedings affect the trial such that it violates the , Equal Protection Clause, and warrant reversal? i