Family Law

  • C.L. v. OPA
    FAMILY LAW Melissa Gustafson In C.L. v. OPA, 500 P.3d 995 (Alaska 2021), the supreme court held that the Alaska Rules of Professional Conduct are used to determine whether a guardian ad litem (GAL) has a disqualifying conflict of interest and the superior court must permit limited discovery for determining if a disqualifying conflict exists. (Id. at ...
  • Ronald H. v. Department of Health & Social Services, Office of Children’s Services
    FAMILY LAW Maddie Ayer In Ronald H. v. Department of Health & Social Services, Office of Children’s Services, 490 P.3d 357 (Alaska 2021), the supreme court affirmed the lower court’s order to terminate a father’s parental rights, holding that the lower court did not err in finding that the Office of Children’s Services (OCS) had made sufficiently ...
  • Mariah B. v. Department of Health & Social Services
    FAMILY LAW Melissa Gustafson In Mariah B. v. Department of Health & Social Services, 499 P.3d 1021 (Alaska 2021), the supreme court held that the mother in a parental rights termination hearing did not waive her evidentiary objection by failing to raise the objection for each question during the hearsay testimony. (Id. at 1022). The Office of ...
  • In re Baron W.
    FAMILY LAW Megan Mason Dister In In re Baron W., 498 P.3d 1045 (Alaska 2021), the supreme court held that the removal of a guardian is not a termination of parental rights nor a foster care placement under the Indian Child Welfare Act (ICWA), 21 U.S.C. §1912, and the standard used for removal of guardians of incapacitated ...
  • Cynthia W. v. Department of Health & Social Services
    FAMILY LAW Melissa Gustafson In Cynthia W. v. Department of Health & Social Services, 497 P.3d 981 (Alaska 2021), the supreme court held that Alaska’s child-in-need-of-aid (CINA) laws for determining if a child is at substantial risk of sexual abuse do not require the superior court to distinguish a sexual abuse indictment from a conviction or make ...
  • Walker E. v. State, Department of Health & Social Services, Office of Children’s Services
    NATIVE LAW, FAMILY LAW Mary Beth Barksdale In Walker E. v. State, Department of Health & Social Services., Office of Children’s Services, 480 P.3d 598, 607 (Alaska 2021), the supreme court upheld the termination of parental rights under the Indian Child Welfare Act (ICWA) and AS 47.10 where the Office of Children’s Services (OCS) had made sufficient ...
  • In re Protective Proceedings of Nora D.
    FAMILY LAW Megan Mason Dister In In re Protective Proceedings of Nora D., 485 P.3d 1058 (Alaska 2021), the supreme court held, under Alaska’s guardianship statute, Alaska Statute section 13.26.241(a), a respondent may refuse to answer questions in an interview other than questions about the respondent’s capacity to make personal medical decisions. (Id. at 1060). Nora’s grandson, ...
  • Jordan v. Jordan
    FAMILY LAW Adam Beyer In Jordan v. Jordan, 480 P.3d 626 (Alaska 2021), the supreme court held that a lower court acted in error when it provided a “dollar for dollar” adjustment in a divorce asset distribution for non-divisible property instead of evaluating the financial condition of the parties holistically. (Id. at 638). During divorce proceedings, the ...
  • Aubert v. Wilson
    FAMILY LAW Hannah Rogers In Aubert v. Wilson, 483 P.3d 179 (Alaska 2021), the supreme court held that the superior court did not abuse its discretion in awarding a disproportionately high share of the marital estate to one spouse when the other spouse died after the divorce decree but before the distribution of marital property. (Id. at ...
  • Clark J. v. State, Department of Health & Social Services, Office of Children’s Services
    NATIVE LAW, FAMILY LAW Mary Beth Barksdale In Clark J. v. State, Department of Health & Social Services, Office of Children’s Services, 483 P.3d 896 (Alaska 2021), the supreme court reversed the Superior Court’s termination of parental rights, finding clear error where the Office of Children’s Services (OCS) had failed to make active efforts to reunite Indian ...

Family Law

  • C.L. v. OPA
    FAMILY LAW Melissa Gustafson In C.L. v. OPA, 500 P.3d 995 (Alaska 2021), the supreme court held that the Alaska Rules of Professional Conduct are used to determine whether a guardian ad litem (GAL) has a disqualifying conflict of interest and the superior court must permit limited discovery for determining if a disqualifying conflict exists. (Id. at ...
  • Ronald H. v. Department of Health & Social Services, Office of Children’s Services
    FAMILY LAW Maddie Ayer In Ronald H. v. Department of Health & Social Services, Office of Children’s Services, 490 P.3d 357 (Alaska 2021), the supreme court affirmed the lower court’s order to terminate a father’s parental rights, holding that the lower court did not err in finding that the Office of Children’s Services (OCS) had made sufficiently ...
  • Mariah B. v. Department of Health & Social Services
    FAMILY LAW Melissa Gustafson In Mariah B. v. Department of Health & Social Services, 499 P.3d 1021 (Alaska 2021), the supreme court held that the mother in a parental rights termination hearing did not waive her evidentiary objection by failing to raise the objection for each question during the hearsay testimony. (Id. at 1022). The Office of ...
  • In re Baron W.
    FAMILY LAW Megan Mason Dister In In re Baron W., 498 P.3d 1045 (Alaska 2021), the supreme court held that the removal of a guardian is not a termination of parental rights nor a foster care placement under the Indian Child Welfare Act (ICWA), 21 U.S.C. §1912, and the standard used for removal of guardians of incapacitated ...
  • Cynthia W. v. Department of Health & Social Services
    FAMILY LAW Melissa Gustafson In Cynthia W. v. Department of Health & Social Services, 497 P.3d 981 (Alaska 2021), the supreme court held that Alaska’s child-in-need-of-aid (CINA) laws for determining if a child is at substantial risk of sexual abuse do not require the superior court to distinguish a sexual abuse indictment from a conviction or make ...
  • Walker E. v. State, Department of Health & Social Services, Office of Children’s Services
    NATIVE LAW, FAMILY LAW Mary Beth Barksdale In Walker E. v. State, Department of Health & Social Services., Office of Children’s Services, 480 P.3d 598, 607 (Alaska 2021), the supreme court upheld the termination of parental rights under the Indian Child Welfare Act (ICWA) and AS 47.10 where the Office of Children’s Services (OCS) had made sufficient ...
  • In re Protective Proceedings of Nora D.
    FAMILY LAW Megan Mason Dister In In re Protective Proceedings of Nora D., 485 P.3d 1058 (Alaska 2021), the supreme court held, under Alaska’s guardianship statute, Alaska Statute section 13.26.241(a), a respondent may refuse to answer questions in an interview other than questions about the respondent’s capacity to make personal medical decisions. (Id. at 1060). Nora’s grandson, ...
  • Jordan v. Jordan
    FAMILY LAW Adam Beyer In Jordan v. Jordan, 480 P.3d 626 (Alaska 2021), the supreme court held that a lower court acted in error when it provided a “dollar for dollar” adjustment in a divorce asset distribution for non-divisible property instead of evaluating the financial condition of the parties holistically. (Id. at 638). During divorce proceedings, the ...
  • Aubert v. Wilson
    FAMILY LAW Hannah Rogers In Aubert v. Wilson, 483 P.3d 179 (Alaska 2021), the supreme court held that the superior court did not abuse its discretion in awarding a disproportionately high share of the marital estate to one spouse when the other spouse died after the divorce decree but before the distribution of marital property. (Id. at ...
  • Clark J. v. State, Department of Health & Social Services, Office of Children’s Services
    NATIVE LAW, FAMILY LAW Mary Beth Barksdale In Clark J. v. State, Department of Health & Social Services, Office of Children’s Services, 483 P.3d 896 (Alaska 2021), the supreme court reversed the Superior Court’s termination of parental rights, finding clear error where the Office of Children’s Services (OCS) had failed to make active efforts to reunite Indian ...