James W. A. Jackson v. Kelly K. Fitzgerald
DueProcess
Questions Pertaining to the Due Process
Clause :
1. Does a defence of UCCJEA 'Simultaneous
Proceedings ' become moot when one and not all pro
ceedings is dismissed, and where the original juris
diction dismissal cites the cause as the second and
simultaneous proceedings in the Rhode Island Family
Court, and thereafter an obligation to desist under the
HCCH 1996 treaty terms (App.35a). And where the
Rhode Island case is yet afoot, and where the HCCH
1996 Article 7 would allow for the matter of child
custody to be returned by Rhode Island to Australia
and where the Rhode Island Family Court had 62 days
from the docketed notice of the case and orders in
Australia to then adjudge 'Simultaneous Proceedings '?
(i.e. well prior to the ultimate original case 's dismissal
in the Federal Circuit and Family Court of Australia)
2. Should the Rhode Island Family Court have
scheduled without delay a Show Cause hearing after
February 13, 2020 to adjudge 'Simultaneous Proceed
ings ', when presented with proper Australian Court
orders made March 22, 2018 (App.205a), within the
case afoot in the original jurisdiction?
3. Should the Rhode Island Family Court have
promptly scheduled an evidentiary hearing after Feb
ruary 13, 2020, to adjudge 'Jurisdiction Declined by
Reason of Conduct '?
Questions Pertaining to Jurisdiction
4. Are evidentiary hearings required where juris
diction is contested?
5. Did the Rhode Island Supreme Court err in
finding Subject Matter jurisdiction alone is sufficient
to make a defence around Personal Jurisdiction
unavailing (App.l4a)? (i.e. when they asserted "[A]
state 's power to decide a custody matter does not
depend on its having personal jurisdiction over the
parties, hut rather depends on its ability to adjudicate
matters concerning the status of its citizens through
quasi in rem jurisdictionHenderson v. Henderson,
818 A. 2d 669, 675 (R.I. 2003) and when the Henderson
case greatly differs from the instant case as it involves
no foreign citizens, Divorce from Bed and Board and
no intentional evasion of due process for 2 years by
one party)
6. Is a Defendant 's participation in Rhode Island
Family Court for mandated temporary Child Support
and Mediation, and when he was of the wrong belief
that a finding of fact on Jurisdiction was decreed
without him in chambers with then counsel, sufficient
to confer upon the Defendant an acceptance or
acquiescence of jurisdiction without an evidentiary
hearing to allow for review and due process?
Questions Pertaining to Access to Courts
7. Has the press and public 's First Amendment
right to witness the proceedings been met? See Rich
mond Newspapers, Inc. v. Virginia, 448 U.S. 555 (1980)
8. When access to Court proceedings is denied by
the Court justice is that a violation of due process
rights that would invalidate the court 's findings?
9. Are courts obligated to provide foreign national
Defendants and their witnesses,
Does a defense of UCCJEA 'Simultaneous Proceedings' become moot when one and not all proceedings is dismissed?