Legal Opinion · Dissent

J.W. v. N.K.M.

Court of Civil Appeals of Alabama

Decided June 13, 2008No. 2061032Published

1DissentMoore, Judge

On the original submission of this case, I dissented without writing. Having thoroughly considered the application for rehearing filed by J.W. (“the mother”), I am more convinced that the majority of the court has erred by affirming the juvenile court’s judgment. I am now compelled to explain my reasoning.

Juvenile courts are purely creatures of statute that have extremely limited jurisdiction. See Ex parte K.L.P., 868 So.2d 454 (Ala.Civ.App.2003). To invoke the dependency jurisdiction of the juvenile court, a party must file a petition setting

“forth with specificity ... [t]he facts which…

2Cases cited7 opinions

  1. Ex Parte TerrySupreme Court of Alabama · 1986
  2. Ex Parte CouchSupreme Court of Alabama · 1988
  3. Ex Parte K.L.P.Court of Civil Appeals of Alabama · 2003
  4. S.P. v. E.T.Court of Civil Appeals of Alabama · 2005
  5. K.R. v. D.H.Court of Civil Appeals of Alabama · 2008

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API