S.M. v. R.M.

The mother appeals the circuit court’s sua sponte shelter order placing the child in the father’s custody. The mother argues that the court denied her request to be heard during the shelter hearing and thereby violated her right to due process. We treat the mother’s appeal as a petition for writ of certiorari, grant the petition, and remand with directions. We withhold issuance of the writ on the assumption that the circuit court shall comply with our directions.

A detailed history of the extensive record which the parties have presented to this court is necessary to better understand the…