Tammy Noergaard v. Christian Noergaard
DueProcess JusticiabilityDoctri
1. Does a reviewing Court retain jurisdiction to review lower court decisions for due process violations under the Due Process and Equal Protection Clause of the 14th Amendment of the United States Constitution ("Equal Protection Clause"), or is jurisdiction limited to violations that fall under Hague Convention Article 26 that occurred before the trial and even when the attorney's fees represent a collateral legal consequence?
• Does a litigant have a right to a timely trial, or do several years of delays result in violations of the Equal Protection Clause, Hague Convention Article 2, and/or the American Declaration on the Rights and Duties of Man ("American Declaration")?
• Does a litigant have a fundamental right to equal justice under the law without regard to economic means in a Hague convention case, or can extreme trial costs and fees violate the Equal Protection Clause, Hague Convention Article 22, and/or the American Declaration?
2. Can egregious misconduct during trial court proceedings affect the trial such that it violates the Equal Protection Clause, and warrant reversal?
Does a reviewing court retain jurisdiction to review lower court decisions for due process violations under the Equal Protection Clause that occur before and during a Hague Convention trial