Vetter v. Vetter and the Fundamental Right of the Child: A Precedent Analysis

Case HRPM-MMAPAUUA (Vetter v. Vetter, et al.) serves as a critical investigation into the protection of children's rights within the family court system. Based on the precedent ["2026 ND 36"], this report explores the shift from viewing parenting time as a parental privilege to recognizing it as an inherent right of the child. It investigates the legal thresholds required to restrict this right and the procedural consequences of inadequate legal briefing.

Key Findings

The Rights of the Child: Parenting time is legally presumed to be in the child's best interest. It is not a reward for a parent but a fundamental right belonging to the child.

Burden of Proof: Restrictions on parenting time require a 'preponderance of the evidence' showing that the contact is likely to endanger the child's physical or emotional health.

Procedural Waiver: The case highlights that arguments not adequately supported or briefed on appeal are deemed waived, suggesting that procedural incompetence can lead to the loss of substantive human rights.

Legal Framework

The investigation into Vetter v. Vetter aligns with international standards for child welfare:

UN Convention on the Rights of the Child (CRC) (Article 9.3): States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests.

ICCPR (Article 24): Every child shall have... the right to such measures of protection as are required by his status as a minor.

Recommendations

Strict Adherence to Evidence Standards: Courts must reject attempts to restrict parenting time that do not meet the 'preponderance of evidence' threshold regarding endangerment.

Legal Aid for Pro Se Litigants: To prevent the 'waiver' of rights due to poor briefing, enhanced legal support should be available specifically for cases involving the rights of children.

Read the full case file on Vetter v. Vetter (HRPM-MMAPAUUA) on HRPM.