Year In Review

Eva H. v. State, Department of Health & Social Services

Posted on April 14th, 2020

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 »

Faris v. Taylor

Posted on April 14th, 2020

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 »

Gambini v. Hamilton

Posted on April 14th, 2020

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 »

Hall v. Hall

Posted on April 14th, 2020

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 »

Jessica J. v. State

Posted on April 14th, 2020

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 »

John E. v. Andrea E.

Posted on April 14th, 2020

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 »

Joy B. v. Everett B.

Posted on April 14th, 2020

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 »

Oliver N. v. State, Department of Health & Social Services

Posted on April 14th, 2020

In Oliver N. v. State, Department of Health & Social Services,[1] the supreme court held new federal regulations issued by the Bureau of Indian Affairs (BIA) materially changed the qualifications required of an expert testifying in a child in need of aid case under the Indian Child Welfare Act (ICWA). The BIA issued formal regulations Continue Reading »

Perry v. Perry

Posted on April 14th, 2020

In Perry v. Perry,[1] the supreme court held that a court must presume that debt incurred during marriage is martial when equitably dividing marital assets upon divorce, and that a court may not rely solely on W-2s to determine income for child support purposes without considering other contrary and more recent evidence before it. Adam Continue Reading »

Regina C. v. Michael C.

Posted on April 14th, 2020

In Regina C. v. Michael C.,[1] the supreme court held that a mother committing the crime of custodial interference was a solid foundation for the superior court to modify the physical custody of her children. Regina and Michael C. were married in 2000 and had two children. In 2014, the couple divorced and in the Continue Reading »

Year In Review

Eva H. v. State, Department of Health & Social Services

Posted on April 14th, 2020

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 »

Faris v. Taylor

Posted on April 14th, 2020

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 »

Gambini v. Hamilton

Posted on April 14th, 2020

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 »

Hall v. Hall

Posted on April 14th, 2020

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 »

Jessica J. v. State

Posted on April 14th, 2020

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 »

John E. v. Andrea E.

Posted on April 14th, 2020

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 »

Joy B. v. Everett B.

Posted on April 14th, 2020

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 »

Oliver N. v. State, Department of Health & Social Services

Posted on April 14th, 2020

In Oliver N. v. State, Department of Health & Social Services,[1] the supreme court held new federal regulations issued by the Bureau of Indian Affairs (BIA) materially changed the qualifications required of an expert testifying in a child in need of aid case under the Indian Child Welfare Act (ICWA). The BIA issued formal regulations Continue Reading »

Perry v. Perry

Posted on April 14th, 2020

In Perry v. Perry,[1] the supreme court held that a court must presume that debt incurred during marriage is martial when equitably dividing marital assets upon divorce, and that a court may not rely solely on W-2s to determine income for child support purposes without considering other contrary and more recent evidence before it. Adam Continue Reading »

Regina C. v. Michael C.

Posted on April 14th, 2020

In Regina C. v. Michael C.,[1] the supreme court held that a mother committing the crime of custodial interference was a solid foundation for the superior court to modify the physical custody of her children. Regina and Michael C. were married in 2000 and had two children. In 2014, the couple divorced and in the Continue Reading »