Argument

To support the assertions made on this site Mike Suttle never made a determination of Parent B's unfitness as there was no allegation of unfitness.

It should be noted Parent B has never asked any Court to tread on the Parent A's fundamental rights to a relationship with the Child, which is, in fact, the Child's fundamental right.

Fit Parent Standard

The Supreme Court of Alabama in Ex Parte E.R.G. and D.W.G. (2011) quoted from several authorities of the Supreme Court of the United States dating back to 1925 including Justice Scalia's dissent in Troxel v. Granville (2000).

At page 91, the Alabama Supreme Court in E.R.G., quoting Justice Scalia in Troxel, recognize that the right of parents to make decisions regarding a child's care, control, education, health, and religion, as well as with whom the child will associate, is a fundamental right that arises "as an inherent consequence of the parent-child relationship independent of any case law, statute, or constitutional provision."

The U.S. Constitution “requires that a prior and independent finding of parental unfitness - by clear and convincing evidence - before the Court may proceed to the question of whether an order disturbing and limiting a parent’s ‘care, custody, and control” of his or her child is in that child’s best interests.” See Ex parte E.R.G. at page 18.

In the case at bar, there was no such previous and independent finding Parent B is unfit. Nor was there any claim the Parent B was unfit prior to Mike Suttle depriving the Parent B of care, custody and control of the Child. These actions by Mike Suttle deprived Parent B of fundamental rights to due process of law.

When due process (fundamental fairness) is violated the Court loses subject matter jurisdiction. See Alabama Supreme Court, Seventh Wonder v. Southbound Records, Inc.,.

The parent-child relationship is safeguarded, and due process is guaranteed, by the 1st, 5th and 14th amendments of the U.S. Constitution, and Sections 1, 4, 5, 13 and 35 of the Alabama Constitution.

"The Due Process Clause [of the 14th amendment] does not permit a State [judge] to infringe on the fundamental right of parents to make child rearing decisions simply because a state judge believes a “better” decision could be made." Troxel v. Granville, 530 U.S. 57 (2000).

Constitutional Right to Due Process Applies in Civil

Actions

In Alabama the constitutional right to due process applies in civil actions, according to the Alabama Supreme Court in Ross Neely Exp., Inc. v. Ala. Dept. of Environmental Management, 437 So. 3d 82 at 85, (Ala. 1983).

No Subject Matter Jurisdiction; No Authority to Act

"If there is an absence of jurisdiction over either the person, or the subject matter, a court has no power to act, and jurisdiction over the subject matter cannot be created by waiver or consent.” Ex parte V.S., 918 So. 3d 908 at 912 (Ala. 2005).

“A jurisdictional defect, when discovered, is of such an important nature that it may be raised by a reviewing court, ex mero motu if necessary.” Ex parte James, 836 So. 3d 813, at 825, (Ala. 2002).

Void Judgments Can be Attacked at Any Time on Direct or Collateral

Attack

“Judgments entered without subject-matter jurisdiction can be set aside at any time as void, either on direct or on collateral attack.” Ex parte State ex rel. James, 711 So. 3d 952, 959-60 (Ala. 1998).

“The standard of review on [review] from an order granting or denying relief under Rule 60(b)(4), ARCP ("the judgment is void"), is not whether the trial court has exceeded its discretion. A judgment is void only if the court which rendered it lacked jurisdiction of the subject matter, or of the parties, or if it acted in a manner inconsistent with due process." Seventh Wonder v. Southbound Records, Inc., 364 So. 3d 1173, 1174 (Ala. 1978).

"Whether a judgment is void is a question of law." Ex parte Citizens Bank, 879 So. 3d 535, 538 (Ala. 2003).

No Reasonable Time Requirement to File a Motion for Relief from a Void

Judgment

"A motion for relief from a void judgment is not governed by the reasonable-time requirement of Rule 60(b). “Ex parte Full Circle Distribution, LLC, 883 So. 3d 638, at 643 (Ala. 2003).