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Shouldn't family court judges be held accountable and shouldn't there be an appeal process to the decissions they make? I was told there was no appeal process to family court rulings by the state of Delaware. Some decissions put non-custodial parents in a position where they can't even take care of themselves let alone their children. Shouldn't there be some "just" form of checks and balances?

2007-10-19 07:22:36 · 6 answers · asked by open_phunguy 3 in Politics & Government Law & Ethics

6 answers

I would be EXTREMELY suprised if there were no way to appeal a family court ruling in Delaware. Certainly, there are some rulings that are not appealable (such as SOME procedural rulings, or ruling affecting who can be in the courtroom, etc.) and you may have received advice that it is highly unlikely that the judge's ruling will be overruled by an appellate court, but in nearly every state (especially a state as corporate as Delaware) courts of appeals hear appeals on family court matters all the time -- whether it's the calculation of child support, or custody, or conditions of visitation, etc.

See, for example:
http://courts.delaware.gov/Rules/?FCcivill_jan06.pdf

These are the family court rules of procedure. Rule 59 and 60 allows for stays of actions and injunctions pending appeal. If there were no appeal rights, there'd be no reason to have these rules in family court.

Ah ha:
Any order, ruling, decision, or judgment of the Family Court in any civil proceeding,
including a delinquency proceeding, also is appealable to the Supreme Court as a matter of right. 10
Del. C. § 1051(a).

http://courts.state.de.us/rules/?handbook.pdf

2007-10-19 08:04:20 · answer #1 · answered by Perdendosi 7 · 0 0

Yes, they should be held accountable. Some of the decisions made by Family Court judges are not made realistically, but rather by reason of prejudice, and are very unfair. Some are made through abuse of power, and others are just plain in error. So I agree there should be some form just form of checks and balances, and regardless of where you live, there should always be room for appeal, depending, of course, on what the judgement was for, i.e. is custody being returned/handed over to an abusive parent, or as in your statement above.

2007-10-19 07:57:19 · answer #2 · answered by ? 3 · 0 0

WELL YOU HIT A NERVE IN ME!!! Calif, is the worst state their is for Family law,, the worst It seems Family Judges have no sense for the child in question ,, No Compassion what so ever for the child,, IT should be in the BEST interest and SAFETY OF THE CHILD, But those Judges just play God with young innocent lives,,
So the only way out of that ugly court is to hire a street slime lawyer to help , but they don't give a hoot about the kid all they want is MONEY ,, SO in the end many lives are destroyed because of FAMILY COURT JUDGES ,, They should be shoot and hung from the highest tree

2007-10-19 07:41:03 · answer #3 · answered by luv them horse's 6 · 0 0

If in basic terms there would properly be some style of a formula that would properly be utilized in a divorce case the position the outcome might want to be straightforward and easily to all. The courts dont make human beings get married and be unhappy and divorce.The courts are dumped on by technique of human beings prevalent hoping the Judges can get them out of their humdrum unhappy lives with as a lot fairness and happiness as obtainable. The Judges do the perfect they could and with any luck with out the activities killing themselves yet aren't any more responsible for a wedding ceremony falling aside. they start up with the perfect pastimes of the toddlers first,if there are any, and after that attempt to discover some equalground to split the resources and the costs alike.It isnt continually elementary tkeepboth activities satisfied yet then divorces were by no skill meant to be both. maximum issues come after the divorce is finalized in attempting to implement the divorce decree and be conscious if both activities are following it wisely and what todo if no longer because the jails are already over crowded. Spouses and exes receiving both spousal or infant help should be held in charge for the position their money is going to is likely one of the biggest after divorce situation there is with infrequently no or little or no enforcement

2016-10-21 10:21:14 · answer #4 · answered by Anonymous · 0 0

Yes, a family court judge ruled a friend of mine who is not the father and did not know of the child for 2 years was respsonsible for back child suport. He got a blood test to confirm, the mother then admitted it in open court but the judge said unless my friend was willing to sign an agreement not to sue the state he would have to pay child support for the remainder of the time till 18.
Texas Judges are corrupt and when caught should be put in jail for life without parole for ruining our judicial system.

2007-10-19 07:27:38 · answer #5 · answered by Mobus 2 · 3 0

Yes they are. When they run for re election.

2007-10-19 07:39:18 · answer #6 · answered by TedEx 7 · 0 0

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