Q: Could a family law case be over turn if my due process rights were violated? I hope I'm wording it correctly.
My sister filed for guardianship of my kids during the court process we were both to be questioned by a mediation. It being my first time at that court I had no idea where to go by the time someone pointed me in somewhat of the direction to her office I was 10 mins late. I explained to the judge what happened and she said that since I was late I was marked a no show I basically lost my chance to speak. In turn guardianship was given to my sister. Now does that violate my rights of due process where I have the right to be heard and if yes can the judgement be overturn?
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A:
In California, due process rights are an essential part of the legal system, including in family law cases. If your due process rights were violated, there may be grounds for challenging the court's decision.
Based on your description, it seems that you were not given a fair opportunity to be heard during the mediation process, which could be considered a violation of your due process rights. However, the specific circumstances of your case would need to be carefully evaluated by a legal professional to determine if there was a significant violation that would warrant overturning the judgment.
To challenge the court's decision, you should consider the following steps:
1. Consult with a family law attorney who can review your case, assess whether your due process rights were violated, and advise you on the best course of action.
2. If your attorney determines that there are grounds for challenging the decision, they may file a motion for reconsideration, a motion to set aside the judgment, or an appeal, depending on the specific circumstances and the time that has passed since the original judgment.
3. In your motion or appeal, your attorney would need to present evidence and arguments demonstrating that your due process rights were violated and that this violation had a significant impact on the court's decision.
It's important to act quickly, as there are time limits for filing motions and appeals in California. Consulting with an experienced family law attorney as soon as possible can help protect your rights and increase the likelihood of a successful challenge to the court's decision.
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