Unlike criminal law where there are clearly defined discretionary limitations, family law typically allows more discretionary choice to a judge
However, even with this being said, there are certain aspects of family law that do not allow much discretionary range.
We will break down how a civil court case should typically proceed.
Standing. As stated in a previous article, standing is the ability of a party to bring a claim to be heard by the court.
You either have it, or you do not. The judge has zero discretionary choice in the matter. If standing requires five criteria to be met and you only have four, you do not have standing. Period, end of discussion. The petition must be dismissed.
In Sara’s case, Bruce AKA “Pop Pop” as Judge Menges so affectionately refers to him as, did not meet any of the requirements for standing in a grandparent intervention case, to which his attorney Joshua Harshberger improperly filed.
In addition to standing, you have to have grounds, or a reason to file. It cannot simply be “because I want it.”
However in this case, that was the claim.
His petition simply stated “I believe one day she may not let me see these children.” It’s a little mind-boggling that a licensed attorney actually thought that would work. But apparently this judge is well known for accepting improper petitions that don’t have standing. He didn’t even have to try.
Only after both of these things are met, then an evidentiary hearing can be scheduled, to prove the claims in the petition are true before proceeding to trial. This hearing was never done.
Without meeting ALL of the above the court is acting without authority.
Without legal authority, all findings of the court are simply void.
But what do you do in a case where the judge simply does not follow the laws?
That is what this case is about and you can follow in real time as we try to figure out how to hold this judge accountable and remedy this situation.