Justia Family Law Opinion Summaries

In this case, the paternal grandmother, Natasha Ray, was appointed as the temporary guardian of a minor child shortly after the child's birth in 2015, with the father's consent. Over the next five years, the child's parents, Anthony Lowman and Kayla Morgan-Smart, contested the temporary guardianship. The magistrate court found no grounds to grant a permanent guardianship to the grandmother and aimed to reunify the child with the parents through a phased visitation plan. Despite this, the grandmother was held in contempt multiple times for failing to comply with court orders regarding visitation.The grandmother appealed the magistrate court's decisions to the district court. However, neither she nor her attorney, Wm. Breck Seiniger, filed the required opening briefs. The district court dismissed the appeal due to the failure to file timely briefs and found no good cause for the delay. The grandmother then filed a new notice of appeal from a subsequent contempt judgment, but again failed to file the necessary briefs on time, leading to the dismissal of the second appeal as well.The Supreme Court of Idaho reviewed the case and determined that Seiniger did not have the authority to represent the child, as he was never appointed by the magistrate court. The court also noted that the grandmother failed to challenge the district court's dismissal of her appeals in her briefing. Consequently, the Supreme Court affirmed the district court's decisions to dismiss the appeals and struck Seiniger's petition to intervene and notices of joinder. View "Ray v. Morgan-Smart" on Justia Law

A child was born to Anthony Lowman and Kayla Morgan-Smart in 2015. The child's paternal grandmother, Natasha Ray, was appointed as her temporary guardian shortly after birth. Ray was later allowed to intervene in the parents' divorce action to determine custody once the guardianship ended in August 2021. Before the guardianship ended, attorney Wm. Breck Seiniger, Jr. was asked by Ray to represent the child, which he accepted without court appointment. Seiniger filed a notice of appearance in the divorce action, which the parents objected to. The magistrate court ruled that Seiniger could not represent the child as there was no motion to appoint counsel, it was unnecessary at that stage, and a neutral attorney would be appointed if needed.The parents reached a custody agreement and filed a stipulation for joint custody. Despite the magistrate court's ruling, Seiniger objected to the proposed judgment on behalf of the child. The magistrate court overruled the objections and entered a judgment consistent with the parents' stipulation. Ray appealed the custody judgment to the district court, joined by Seiniger. The district court concluded that Seiniger had no authority to represent the child and dismissed the appeal, characterizing Seiniger as an "officious interloper." Ray's appeal was later dismissed for failure to provide timely briefing.The Supreme Court of Idaho reviewed the case and affirmed the district court's decision. The court held that the magistrate court acted within its discretion in rejecting Seiniger's representation of the child, as there was no motion to appoint counsel and it was unnecessary at that stage. The court also found that Seiniger's arguments were unpreserved and unsupported by sufficient authority. Consequently, the district court's order, including the decision to strike all pleadings filed by Seiniger, was affirmed. View "Lowman v. Morgan-Smart" on Justia Law

Dan Lee Gearhart and Kristin A. Marlar divorced in September 2018, with Gearhart ordered to pay monthly child support. Gearhart applied for Social Security Disability Insurance (SSDI) benefits for himself and his children, which were approved after the divorce, with payments retroactive to August 2018. The children’s benefits were paid to Marlar as their representative payee. Gearhart stopped making child support payments, believing the SSDI payments covered his obligation. In May 2022, Gearhart petitioned the magistrate court to credit the SSDI payments against his child support arrearage, effectively reducing it to $0.00. Marlar opposed this, arguing it constituted a retroactive modification of child support.The magistrate court credited the SSDI payments against Gearhart’s arrearage, eliminating his outstanding balance. Marlar appealed to the district court, which reversed the magistrate court’s decision, concluding that Idaho Code section 32-709 prohibited retroactive modification of child support. The district court remanded the case with instructions to deny the application of SSDI payments as a credit against Gearhart’s arrearage.The Supreme Court of Idaho reviewed the case and reversed the district court’s decision. The Supreme Court held that Idaho Code section 32-709 did not apply to Gearhart’s petition because he was not seeking a modification of his child support obligation but rather a credit for SSDI payments already made. The court concluded that section 32-709(2) did not limit the magistrate court’s discretion to credit SSDI benefits against the child support arrearage. The case was remanded to the district court with instructions to reinstate the magistrate court’s judgment crediting the SSDI payments against Gearhart’s arrearage. Neither party was awarded attorney fees on appeal. View "Marlar v. Gearhart" on Justia Law

A mother and her fiancé filed a petition to terminate the biological father's parental rights and allow the fiancé to adopt the child. The mother did not serve the father with the petition, and he did not participate in the proceedings. The magistrate court terminated the father's parental rights and granted the adoption. The father later filed two motions to set aside the judgment, arguing that his due process rights were violated due to lack of notice. The magistrate court denied the second motion, citing res judicata. The district court reversed this decision, finding that the father's due process argument warranted consideration.The Idaho Supreme Court reviewed the case. The court held that the father's Rule 60(b)(4) motion, which alleged a fundamental error violating his constitutional right to due process, was not barred by res judicata. The court applied the fundamental error doctrine, which allows for exceptions to procedural bars when a fundamental constitutional right is at stake. The court also rejected the mother's arguments that the father's motion was barred by the doctrines of claim splitting, invited error, appellate waiver, and the law of the case.The Idaho Supreme Court affirmed the district court's decision to remand the case to the magistrate court for an evidentiary hearing to determine whether the father's Rule 60(b)(4) motion was timely and whether the termination and adoption judgment was void. The court also awarded the father partial attorney fees on appeal for defending against certain arguments made by the mother. View "Doe v. Doe" on Justia Law

Husband and Wife divorced in 2020, with Husband required to pay child support and attorney fees. Two years later, Wife initiated a contempt proceeding against Husband for failing to comply with the divorce decree. On the day of the contempt trial, Husband informed the court he was unable to attend due to vehicle issues. The magistrate court proceeded with the trial in his absence, found him in criminal contempt, and sentenced him to 70 days in jail, with 50 days suspended, and ordered him to pay additional attorney fees.The district court affirmed the magistrate court's decision to hold the trial in Husband's absence but reversed the incarceration sanction, finding insufficient evidence that Husband waived his right to counsel. The district court concluded that the magistrate court violated Idaho Rule of Civil Procedure 75(l)(1) by imposing incarceration without an attorney present to represent Husband.The Idaho Supreme Court reviewed the case and determined that the magistrate court erred in holding the contempt trial in Husband's absence. The court held that a contemnor's right to be present at a criminal contempt trial is protected under the Sixth Amendment, similar to a criminal defendant's right. The court concluded that Husband's willful absence did not constitute a knowing, intelligent, and voluntary waiver of his right to be present. The proper procedure would have been to issue a writ of attachment to ensure Husband's attendance.The Idaho Supreme Court reversed the district court's decision and remanded the case with instructions to vacate the order of contempt and remand to the magistrate court for further proceedings. The court also found the district court's failure to address Wife's request for attorney fees harmless, as Husband's appeal was not frivolous. No attorney fees were awarded on appeal, and costs were awarded to Husband. View "Salazar v. Salazar" on Justia Law

Jennifer and Jesse Smith divorced in 2017 after fifteen years of marriage. Jennifer, a stay-at-home mother, and Jesse, a construction superintendent, entered into a Marital Settlement Agreement requiring Jesse to pay Jennifer spousal support until January 1, 2025. The agreement included a "Review Term" stating that spousal support would be reviewed every two years. In 2018, Jesse unilaterally reduced the spousal support payments and later stopped paying altogether, leading Jennifer to file a breach of contract action.The magistrate judge dismissed Jesse's petition to modify the spousal support due to a non-merger clause, which kept the spousal support provision outside the court's jurisdiction. Jennifer then sought partial summary judgment in district court, arguing that the Review Term was too vague to be enforceable. The district court agreed, striking the Review Term but upholding the rest of the spousal support provision under the agreement's severability clause. The jury found Jesse in breach of the agreement and awarded Jennifer $76,514 in damages, plus attorney fees and costs.The Supreme Court of Idaho reviewed the case and affirmed the district court's judgment. The court held that the Review Term was unenforceable due to its vagueness, indefiniteness, and uncertainty. The court also upheld the district court's application of the severability clause, maintaining the enforceability of the remaining spousal support provision. Jennifer was awarded attorney fees and costs on appeal as the prevailing party. View "Smith v. Smith" on Justia Law

James Wilson and Jillian Wilson, who were married and had one minor child, divorced, leading to a custody dispute. The magistrate court awarded primary physical custody to Jillian and allowed her to relocate with the child to Australia, where both hold citizenship. Jillian was also granted sole legal custody over educational and medical decisions, while James was given two weeks of visitation annually during school breaks. James appealed the decision.The magistrate court's decision was based on several factors, including the unhealthy relationship between James and the child, characterized by controlling and manipulative behavior. The court found that James's actions, such as co-sleeping and inappropriate touching, created an environment that could potentially harm the child. The court also considered Jillian's motivations for relocating, including better family support and higher income prospects in Australia.The Supreme Court of Idaho reviewed the case and affirmed the magistrate court's decision. The court held that the magistrate court did not abuse its discretion in allowing Jillian to relocate with the child, as the decision was supported by substantial and competent evidence. The court also found that the magistrate court correctly applied the legal standard for relocation and considered the best interests of the child.Additionally, the Supreme Court of Idaho upheld the magistrate court's decision to limit James's physical custody and visitation, as well as the award of sole legal custody to Jillian for educational and medical decisions. The court concluded that these decisions were in the best interests of the child and were supported by substantial evidence. Jillian was awarded attorney fees and costs on appeal. View "Wilson v. Wilson" on Justia Law

Amanda Mitchell filed for a civil protection order against Nicholas Ramlow in October 2020, alleging that he was stalking her by tracking her movements and placing a tracking device on her car. The magistrate court issued a temporary ex parte protection order and scheduled a hearing. Due to COVID-19 mask mandates, Ramlow was denied entry to the courthouse for refusing to wear a mask, leading to the hearing being rescheduled. At the rescheduled hearing, Ramlow was again absent, and the magistrate court issued a one-year protection order requiring him to attend a 52-week domestic violence course and review hearings.Ramlow filed a motion for reconsideration, which was denied. He then appealed to the district court. The protection order was extended but expired before the district court heard the appeal. The district court requested supplemental briefing on mootness and ultimately dismissed the appeal as moot, finding no applicable exceptions to the mootness doctrine. Ramlow appealed the district court's decision, arguing that his appeal still presented justiciable issues and fell within exceptions to the mootness doctrine.The Supreme Court of Idaho reviewed the case and affirmed the district court's dismissal. The court held that the appeal was moot because the protection order had expired, and no exceptions to the mootness doctrine applied. The court found that the issues were too fact-specific to be capable of repetition yet evading review, there were no collateral legal consequences, and the case did not raise issues of substantial public interest. The court also declined to vacate the expired protection order and denied attorney fees to both parties, awarding costs to Mitchell as the prevailing party. View "Mitchell v. Ramlow" on Justia Law

This case involves child custody proceedings between Isaac William Hess and Lisa Ann Hess, who have two minor children registered as members of the Cherokee Nation. Isaac alleged that Lisa abused the children by spanking them with a PVC pipe and claimed she was a negligent mother. During the proceedings, Isaac's father was briefly granted emergency guardianship by the District Court of the Cherokee Nation, but the case was dismissed due to jurisdictional issues. The Idaho magistrate court awarded Lisa sole physical custody and joint legal custody with final decision-making authority, and ordered Isaac to pay child support backdated to January 1, 2021.Isaac appealed to the district court, arguing that the magistrate court erred by not consulting with the Cherokee Nation court regarding jurisdiction, failing to refer his child abuse allegations to the Idaho Department of Health and Welfare (DHW), focusing on only one statutory factor in awarding custody, effectively granting Lisa sole legal custody without proper findings, and backdating the child support award. The district court affirmed the magistrate court's decisions on jurisdiction, the child abuse referral, and physical custody, but Isaac appealed further.The Supreme Court of Idaho affirmed the district court's decisions on jurisdiction, the child abuse referral, and physical custody. The court held that the magistrate court correctly determined it had jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and that Isaac's allegations did not constitute child abuse under Idaho law. However, the court reversed the district court's affirmation of the magistrate court's decisions on legal custody and backdated child support. The magistrate court's legal custody decision was found to be internally contradictory, and its decision to backdate child support deviated from the Idaho Child Support Guidelines without explanation. The case was remanded for further proceedings on these issues. The court also awarded Lisa partial attorney fees for responding to Isaac's jurisdictional argument. View "Hess v. Hess" on Justia Law

Jacob Wilde and Mickayla Taggart, formerly married, are parents to a minor child, E.W. Following their divorce in 2018, Wilde was ordered to pay $143.07 per month in child support. Wilde later filed petitions to modify the custody arrangement and child support, citing Taggart's alleged incapacity and unemployment. Taggart responded, explaining her inability to work due to an autoimmune disease and requested child support modification based on the Idaho Child Support Guidelines.The magistrate court found that Taggart's income had been minimal since the petition was filed and imputed her income at minimum wage. Wilde's income was determined to be $58,240 annually. The court retroactively modified child support to $420.34 per month starting August 2019, creating an arrearage for Wilde. Wilde's motion to reconsider was denied, and the magistrate court reaffirmed its decision, adjusting the child support amount to $485.34 from June 2021.Wilde appealed to the district court, which affirmed the magistrate court's decision. The district court found that the magistrate court had substantial evidence to support its findings and did not abuse its discretion in making the child support modification retroactive.The Idaho Supreme Court reviewed the case and upheld the district court's decision. The court found that the magistrate court acted within its discretion, supported by substantial evidence of the parties' changed incomes. The court noted that Wilde had been aware of the potential for retroactive modification and had not disputed the child support calculations. The Supreme Court awarded attorney fees and costs to Taggart, deeming Wilde's appeal frivolous and without foundation. View "Wilde v. Taggart" on Justia Law