Mandamus Review – Adequate Remedy By Appeal

Ex parte V.G.; Ex parte V.G., [Ms. CL-2022-0993; CL-2022-0994, Jan. 6, 2023] __ So. 3d __ (Ala. Civ. App. 2023). The court (Thompson, P.J., Moore, Edwards, Hanson, and Fridy, JJ., concur) denies mandamus petitions filed by the aunt of children who had been declared dependent by the Lee Juvenile Court and who had been placed in the custody of their paternal aunt.

The aunt sought mandamus review of the denial of her motion to dismiss the maternal grandparents’ petition seeking an award of visitation with the children. Ms. *2. The court rejects the aunt’s argument that her motion raised an issue of standing so that mandamus review was available. The substance of the aunt’s motion asserted that “the maternal grandparents have no cause of action to assert their claims seeking an award of visitation with the children.” Ms. *8. Consequently, the court “hold(s) that because the aunt has an adequate remedy by appeal, her petitions for a writ of mandamus are to be denied.” Ibid.

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