Lawyers can be held liable for violating a father’s due process rights when they persuade a judge to order the removal of a child without a hearing and then assist in the execution of that order by taking the child to a foreign country to join the mother, a federal judge has ruled.
In his 37-page opinion in Egervary v. Rooney, Senior U.S. District Judge Thomas N. O’Neill Jr. found that such a claim does not require proof that the father would have been awarded custody since the right to due process is an “absolute” right.
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