Julia A. Strain v. Arnold Ray Maloy.
2011 Ala. Civ. App. LEXIS 278
Ala. Civ. App.2011Background
- Divorce of Julia A. Strain and Arnold Ray Maloy occurred in July 2006.
- In March 2008, Maloy filed petitions to modify the judgment and to hold mother in contempt for visitation refusals.
- Mother answered and subsequently sought modifications and contempt over two years.
- Trial court scheduled a trial for September 21, 2010; parties negotiated but disputed counseling/visitation issues.
- Court denied mother's request to begin trial that day; proceeded with a hearing-like submission of positions.
- Judgment issued October 6, 2010 appointing a counselor and setting father’s visitation; amended November 15, 2010 and nunc pro tunc November 22, 2011 corrected clerical errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether due process was violated by entry of judgment without evidentiary hearing | Strain contends due process denied when judgment entered on pending modification petitions. | Maloy argues no due process issue since modifications were before court and parties had opportunities. | Reversed and remanded for due process-compliant proceedings |
Key Cases Cited
- Danford v. Dupree, 272 Ala. 517 (Ala. 1961) (due process required in child custody matters; full hearing necessary)
- Crews v. Houston Cnty. Dep't of Pensions Sec., 358 So. 2d 451 (Ala. Civ. App. 1978) (procedural due process entails fair opportunity to present evidence and be heard)
- R.C. v. L.C., 923 So. 2d 1109 (Ala. Civ. App. 2005) (due process considerations in proceedings affecting child custody)