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MOTHER’S DUE PROCESS RIGHTS VIOLATED, MOTHER INSTRUCTED NOT TO CONSULT WITH ATTORNEY DURING RECESSES, WHICH WERE EXTENSIVE.

The Second Department, exercising its interest of justice jurisdiction, determined a new custody hearing was necessary because Family Court instructed mother not to speak to her attorney during recesses:

… [T]he mother’s hearing testimony spanned several court dates and took place over a period of months. At the end of four hearing dates, while the mother’s testimony was continuing, the Family Court instructed the mother not to discuss her testimony with her attorney during the recess. One of these recesses was overnight, two recesses were for approximately one week, and one recess was, because of adjournments, for more than three months. …

The Family Court violated the mother’s fundamental due process rights when it instructed her not to consult with her attorney during recesses, which resulted in her being unable to speak to her attorney over extended periods of time … . Matter of Turner v Valdespino, 2016 NY Slip Op 04724, 2nd Dept 6-15-16

 

FAMILY LAW (MOTHER’S DUE PROCESS RIGHTS VIOLATED, MOTHER INSTRUCTED NOT TO CONSULT WITH ATTORNEY DURING RECESSES, WHICH WERE EXTENSIVE)/ATTORNEYS (MOTHER’S DUE PROCESS RIGHTS VIOLATED, MOTHER INSTRUCTED BY FAMILY COURT NOT TO CONSULT WITH ATTORNEY DURING RECESSES, WHICH WERE EXTENSIVE)/DUE PROCESS  (MOTHER’S DUE PROCESS RIGHTS VIOLATED, MOTHER INSTRUCTED BY FAMILY COURT NOT TO CONSULT WITH ATTORNEY DURING RECESSES, WHICH WERE EXTENSIVE)

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