Michael Vechery v. Florence Cottet-Moine
DueProcess JusticiabilityDoctri
Does the Due Process Clause require a finding of child abuse or unfitness to terminate all parent-child contact?
QUESTIONS PRESENTED 1. Does the Due Process Clause of the Fourteenth Amendment require, in a child custody and visitation proceeding, that a state family court may not issue an order terminating all contact between a parent and his child for an indefinite period of time absent a finding, supported by clear and convincing evidence, that the parent has engaged in child abuse or child neglect, or is otherwise an unfit parent? 2. Does the Due Process Clause of the Fourteenth Amendment require, in a child custody and | visitation proceeding, more than a showing of the , best interests of the child in order for a state family court to terminate all contact between a parent and | his child for an indefinite period of time? 8. In issuing a protective order prohibiting a father | from having any contact with his minor daughter for two years, may a state court properly determine the father, whose parental rights have not been | terminated or properly suspended, “stalked” his minor daughter through innocuous and inoffensive, albeit unwanted, contacts such as attending high school sports games in which his daughter participated, attempting to talk to her at a . concession stand during one such sports game, and approaching her in a school parking after another such game to speak with her, without violating the : father's federal constitutional due process right to nurture and raise his daughter? li LIST OF ALL