No. 22-311

Michael Vechery v. Florence Cottet-Moine

Lower Court: Virginia
Docketed: 2022-10-03
Status: Denied
Type: Paid
Relisted (2)
Tags: child-abuse child-custody child-neglect child-visitation due-process family-court fourteenth-amendment parental-rights protective-order
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2022-12-02 (distributed 2 times)
Question Presented (AI Summary)

Does the Due Process Clause require a finding of child abuse or unfitness to terminate all parent-child contact?

Question Presented (OCR Extract)

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

Docket Entries

2022-12-05
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
2022-11-15
DISTRIBUTED for Conference of 12/2/2022.
2022-10-03
Motion (22M9) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted. Justice Kavanaugh took no part in the consideration or decision of this motion.
2022-07-20
MOTION (22M9) DISTRIBUTED for Conference of 9/28/2022.
2022-06-02
Motion (22M9) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2022-06-02

Attorneys

Michael Vechery
Michael Vechery — Petitioner
Michael Vechery — Petitioner