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Michael Vechery v. Florence Cottet-Moine

Paid petition · Supreme Court of Virginia, No. 210709 · judgment March 4, 2022


Certiorari denied · December 5, 2022
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does the Due Process Clause of the Fourteenth Amendment require, in a child custody and visitation proceeding, that a state family court may not issue an order terminating all contact between a parent and his child for an indefinite period of time absent a finding, supported by clear and convincing evidence, that the parent has engaged in child abuse or child neglect, or is otherwise an unfit parent?

  2. Does the Due Process Clause of the Fourteenth Amendment require, in a child custody and visitation proceeding, more than a showing of the best interests of the child in order for a state family court to terminate all contact between a parent and his child for an indefinite period of time?

  3. In issuing a protective order prohibiting a father from having any contact with his minor daughter for two years, may a state court properly determine the father, whose parental rights have not been terminated or properly suspended, “stalked” his minor daughter through innocuous and inoffensive, albeit unwanted, contacts such as attending high school sports games in which his daughter participated, attempting to talk to her at a concession stand during one such sports game, and approaching her in a school parking after another such game to speak with her, without violating the father's federal constitutional due process right to nurture and raise his daughter?

Counsel of record

For petitioner
Michael Vechery

For respondent

Case

Conference history
Distributed for 2 conferences

Linked docket
22M9

Proceedings

  1. Dec 05 2022
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Nov 15 2022
    DISTRIBUTED for Conference of 12/2/2022.
  3. Oct 03 2022
    Motion (22M9) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted. Justice Kavanaugh took no part in the consideration or decision of this motion.
  4. Jul 20 2022
    MOTION (22M9) DISTRIBUTED for Conference of 9/28/2022.
  5. Jun 02 2022
    Motion (22M9) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  6. Jun 02 2022
    Petition for a writ of certiorari filed. (Response due November 2, 2022)