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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118070
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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can a person sue for for damages caused to or created from

Resolved Question:

can a person sue for for damages caused to or created from a family court judge that did not follow prcedure of 15 day investigation of an ex-parte order filed under false pretence and after 4yrs reversed back in defendants favor but with lasting and documented trauma to three minor children.if there is a way to seek remedial justice and what would limitation be?
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
A judge is immune from civil suit for their actions while in performance of their duties. Your recourse here is to file an appeal on the rulings and cite the errors to the appeals court and seek to have them reverse the judgment of the judge. You have 10 days from the issuance of the order to file the appeal and 30 days to perfect the appeal by filing with the appeals court. Other than this, you would have to file a new motion to modify custody and if it is denied, then you can appeal that denial and cite the errors.

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Customer: replied 8 years ago.
as i stated I regained custudy and full visitation 6 yrs ago.but my children suffered great trauma because the court system neglected to follow procedure.(or otherwise neglect to the childrens' protection from a false filing ?) could myself or my children one being 18 yrs old sue or otherwise bring justice for this injustice that has greatly affected our lives. if so how does the ball get rolling another words the damage is done , reversal does not justify the traumas this lack of following due process/ procedure guide lines that an ex-parte is issued,this stipulation is for a reason and should be made to adhere too. ignorance of a person without defending attorney should still be guarenteed that proper procedural guid lines set forth from any stipulation or right be followed accordingly ?????
Expert:  Law Educator, Esq. replied 8 years ago.
While I am sorry for all the trauma caused and these cases do cause trauma, you simply cannot sue the court or the judge for this, they are immune from prosecution or suit in these matters. I am afraid that you have no cause of action against the court. Additionally, 6 years later is beyond any statute of limitations even if a malpractice or negligence claim would have been able to have been brought.
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