- As Americans, the Constitution gives us specific unalienable rights. Some of these rights include:
1. 14th Amendment – Right to Privacy/Due Process
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
2. 5th Amendment – Due Process
No person shall … be deprived of life, liberty, or property, without due process of law
3. 8th Amendment – Right to Counsel
- None of these fundamental rights apply in Family Court because the domestic-relations exception to federal jurisdiction prohibits federal courts from hearing cases involving family-law questions within the traditional authority of the states.
- With no constitutional protections, the Court can use its governmental power to subject parties to remedies that violate every principle (free speech, privacy, right to legal counsel) that our country holds sacred.
- For example, Courts in Georgia and many other states can remand people to jail for failing to pay child support without an attorney.
- During a process called discovery, the court can subpoena almost any document regardless of its necessity. You can be required to produce bank statements, cell phone records, health information, etc. as well as undergo a medical exam.