Woman Wins Legal Battle To See Her Court File...

Woman Wins 5-Year Legal Battle To See Her Court File Involving Her Abortion Request When She Was a Minor

ANN ARBOR, MI – When 15 years old and suffering from a mental illness that required her to take prescribed medication, FG found she was pregnant. Instead of telling either one of her parents, she went to a Washtenaw County Probate Court Judge for a judicial bypass to get an abortion without informing or getting her parents’ permission.

In February 2000, a few years after her abortion, FG, through the Thomas More Law Center, a national public interest law firm, requested to see her court file. She wanted to learn whether the probate court had been informed about her mental condition, to learn whether she actually agreed to the judicial bypass and to the abortion, and to see whether any of her rights had been violated. Because of her medical condition, FG had only a vague memory of what had taken place during the probate court proceeding. Nevertheless, a Washtenaw County Probate Judge denied her request.

After a series of appeals lasting 5 years, the Michigan Court of Appeals ruled last week that FG had a right to see her file. In a November 23, 2004 opinion written by Judge Thomas Fitzgerald, and joined by Judge Joel Hoekstra, the Michigan Court of Appeals reversed the lower court’s decision. Judge Jessica Cooper dissented.

Edward L. White III, the Law Center attorney handling the case, commented, “Not only were we able to obtain the proper relief for our client, but we have established legal principles that will guide courts when ruling on requests by women who want access to their own court files that deal with the judicial bypass proceedings.”

Richard Thompson, Chief Counsel of the Law Center commented, “Most parents don’t realize that a court in a secret hearing can authorize an abortion for a minor without the knowledge, input, or consent of her parents. Until the ruling in this case, court bypass proceedings were even kept secret from the girl who went through the proceedings.”