Imagine being punished by a court without ever getting a trial. Imagine being stripped of your parental rights, denied visitation, or arrested — without having a chance to present evidence, question witnesses, or even be heard. For many parents in New York’s family courts, this isn’t hypothetical. It’s routine.

Marc Fishman knows that reality firsthand. For over a decade, he has fought to maintain a relationship with his children while facing a legal system that seemingly refuses to let him speak. On April 28, 2025, Fishman once again appeared before the Westchester County Family Court, seeking a hearing to contest years of blocked access to his children. What he got instead was more of the same: procedural gymnastics, legal stonewalling, and a court more concerned with paperwork than justice.

The Weaponization of Default Orders

One of the most disturbing features of Fishman’s case — and many others like it — is the use of default orders to enforce life-altering decisions. Judges have suspended his visitation rights based on alleged failures to appear, despite questions about whether he was properly notified or even able to attend due to health or travel issues.

Default orders, by their nature, bypass the fact-finding process. They assume guilt without scrutiny. In criminal court, this would be an outrage. In family court, it’s business as usual.

Procedure Over Truth

Time and again, Fishman has filed petitions, only to have them dismissed on procedural grounds. Missed a filing deadline? Dismissed. Filed in the wrong part? Denied. Labeled a vexatious litigant for trying to assert your rights? Case closed.

Judges and magistrates have cited everything from res judicata to calendar scheduling as reasons not to hear his claims. But at no point was there a full, fair evidentiary hearing on whether his rights were being violated or whether the children were actually at risk. The system prefers silence to scrutiny.

When Family Court Ignores Constitutional Rights

In theory, due process is a fundamental right. It means notice, a chance to be heard, and a neutral decision-maker. But in practice, family courts often behave as if those rights are optional.

Fishman’s case includes allegations of procedural bias, denied accommodations, and decisions issued by judges with prior involvement — and possible conflicts of interest. Still, the court has proceeded as though these are technicalities, not constitutional breaches.

There is no jury. No standard rules of evidence. No meaningful mechanism to appeal biased behavior unless a parent has deep pockets and unshakeable endurance. This is not how justice is supposed to work.

A Broader Pattern of Abuse

Marc Fishman is not alone. Across New York State and the country, parents — especially those with disabilities or without legal representation — face Kafkaesque legal nightmares in family court.

They are labeled uncooperative for asking questions. They are denied hearings for being too persistent. They are told to wait months or years while their children grow up without them. All without a fair trial.

The Fix: Mandatory Hearings for Fundamental Rights

If a parent’s access to their child is at stake, there should be a mandatory evidentiary hearing. No defaults. No dismissals without explanation. No retroactive punishment based on bureaucratic errors.

Judges should not be allowed to issue blanket orders suspending access without a clear record of findings. And courts must be held accountable for violating due process, just as any other institution would.

Conclusion: Justice Requires a Voice

To be heard is not a privilege. It is a right. And yet, in New York’s family courts, that right is treated like a nuisance. Marc Fishman’s case illustrates how easily a parent can be declared guilty without a hearing — how procedural efficiency becomes judicial cruelty.

If the courts can silence one father, they can silence anyone. And that should alarm us all.

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