Christopher v. Christopher

I write specially to provide further support for the Court’s reversal of Ex parte Bayliss, 550 So.2d 986 (Ala.1989). Specifically, as I explained in my special writing in Ex parte Tabor, 840 So.2d 115, 123-30 (Ala.2002) (Moore, C.J., concurring in part and dissenting in part), Bayliss violated (1) the separation-of-powers doctrine and (2) the fundamental rights of parents.

I. Separation of Powers

A. Redefining the term “child’’ is a legislative, not a judicial, function.

“[W]e do not subscribe to the doctrine that the judiciary can or should usurp the *73legislative function in a republican form of…