In Dena M. v. State, Department of Health & Social Services,[1] the supreme court held it is not error to order termination of parental rights rather than guardianship if termination is in the child’s best interest. After the Office of Children’s Services (OCS) filed a petition to terminate parental rights, the superior court terminated the Continue Reading »
In Downs v. Downs,[1] the supreme court held that a spouse’s contributions to the marital estate may be considered when determining property division in a divorce proceeding. In the divorce proceeding between Errol and Deborah Downs, the superior court ordered an unequal property division in favor of Deborah. On appeal, Errol challenged the court’s property Continue Reading »
In Dunn v. Jones,[1] the supreme court held it was not an abuse of discretion to calculate a parent’s annual income based on a single paystub in order to determine child support. Nicholas Ryan Dunn filed a motion to modify child support because his income had decreased. The trial court calculated his income based on Continue Reading »
In Eva H. v. State, Department of Health & Social Services,[1] the supreme court held a guardian ad litem with no formal training in social work did not satisfy the heightened standard required by the Indian Child Welfare Act to qualify as an expert witness. The Office of Children’s Services (OCS) petitioned to terminate the Continue Reading »
In Faris v. Taylor,[1] the supreme court held the trial court did not abuse its discretion when it held the date of the parties’ separation was the date the court issued the divorce decree. Taylor and Faris were married in 1973, but after a promotion Faris moved to Hawaii and then Oregon while Taylor remained Continue Reading »
In Gambini v. Hamilton,[1] a divorce case with a variety of issues, the supreme court held that a loan to the ex-husband secured by the ex-wife’s property and taken out prior to the marriage was a marital obligation. To pay off Hamilton’s financial obligations from his dissolving prior marriage and speed along those divorce proceedings Continue Reading »
In Hall v. Hall,[1] the supreme court held that an ex-husband was not entitled to a Ramsey credit for his post-divorce mortgage payments because he had been living rent-free in the marital home; however, because the trial court did not sufficiently explain its ruling on that issue, a meaningful review of the order allocating the Continue Reading »
In Jessica J. v. State,[1] the supreme court held that the superior court was correct in not considering the best interest of the child as part of an Interstate Compact for Juveniles (ICJ) requisition proceeding. Fifteen year-old Jessica traveled from Iowa to Alaska to spend the summer with family friends with her mother’s permission. Her Continue Reading »
In John E. v. Andrea E.,[1] the supreme court ruled the trial court abused its discretion in a child custody modification action when it excluded testimony by the child’s psychologist. A couple of years after the mother was granted primary physical and sole legal custody of their 12 year old daughter, the mother repeatedly hit Continue Reading »
In Joy B. v. Everett B.,[1] the supreme court held that the lower court could consider evidence other than the completion of a batterer’s program in determining whether a parent with a history of domestic violence overcame the rebuttable statutory presumption against his being awarded child custody. After a hearing on temporary orders, the trial Continue Reading »
