No. 23-6646

Dana Albrecht v. Katherine Albrecht

Lower Court: New Hampshire
Docketed: 2024-02-01
Status: Denied
Type: IFP
IFP
Tags: child-custody civil-procedure civil-rights domestic-violence due-process equal-protection family-law fourteenth-amendment parental-rights
Key Terms:
DueProcess
Latest Conference: 2024-04-12
Question Presented (AI Summary)

Whether the Fourteenth Amendment requires a timely hearing on the enforcement of a child custody decree

Question Presented (OCR Extract)

question presented is: Whether, or under what circumstances, does the Fourteenth Amendment require a trial court to hold a hearing on the enforcement of . a child custody decree in a timely fashion? iii ; . . In stark contrast to the N.H. Supreme Court's Opinion, Judge Ho’s concurring opinion in United States v. Rahimi, 61 F. 4th 443,465-66 (2023) addressed the misuse of civil protective orders in custody battles during divorce proceedings. The Fifth Circuit observed that divorce lawyers often recommend these orders as strategic tools, potentially leading to biased, unfair, or even farcical decisions that may violate the Fourteenth Amendment's guarantees of equal protection and due process. Cf. Troxel v. Granville, 530 U.S. 57 (2000). The petitioner alleges that the N.H. Supreme Court’s Opinion is a “textbook example” of a biased, unfair, or even farcical opinion pursuant to Rahimi. This creates inconsistency in the application of federal law between New Hampshire and the states under the Fifth Circuit (Texas, Louisiana, Mississippi), potentially necessitating U.S. Supreme Court intervention for resolution. The second question presented is: Does the Fourteenth Amendment require objective standards for the issuance or renewal of civil domestic violence orders of protection? : iv ; LIST OF ALL PROCEEDINGS , ; Dana Albrecht v. Katherine Albrecht Supreme Court of New Hampshire Case No. 2022-0517, No. 2019-0436, No. 659-2016-DM-00288 Decision Date: September 1, 2023 : Katherine Albrecht v. Dana Albrecht ; Supreme Court of New Hampshire Case No. 2021-0192, No. 659-2019-DV-00341 Decision Date: December 16, 2021 :

Docket Entries

2024-04-15
Petition DENIED.
2024-03-21
DISTRIBUTED for Conference of 4/12/2024.
2024-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2024)
2023-11-29
Application (23A488) granted by Justice Jackson extending the time to file until January 29, 2024.
2023-11-24
Application (23A488) to extend the time to file a petition for a writ of certiorari from November 30, 2023 to January 29, 2024, submitted to Justice Jackson.

Attorneys

Dana Albrecht
Dana Albrecht — Petitioner