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October 14, 2004
Consequences of Hostility Toward Other Parent
In re Marriage of Simms discusses the ramifications of "hostile conduct" by one parent (or his/her extended family) against the other in the context of a custody dispute:
We, as did the district court, find that Marianne and her family impede Joel’s relationship with the children. Where one parent seeks to portray another in an unfavorable light, that fact is considered in assessing who should have primary physical care. See In re Marriage of Udelhofen, 444 N.W.2d 473, 474-76 (Iowa 1989); In re Marriage of Leyda, 355 N.W.2d 862, 865-67 (Iowa 1984); In re Marriage of Wedemeyer, 475 N.W.2d 657, 659-60 (Iowa Ct. App. 1991). The hostile conduct need not come only from the custodial parent. See In re Marriage of Crotty, 584 N.W.2d 714, 716-717 (Iowa Ct. App. 1998) (conduct of mother’s parents considered); In re Marriage of Rosenfeld, 524 N.W.2d 212, 215-16 (Iowa Ct. App. 1994) (conduct of stepmother considered). Marianne has a responsibility to assure her parents and siblings will not interfere with Joel’s relationship with the children. See Crotty, 584 N.W.2d at 717. We consider the fact that she seems unable to exercise this responsibility. We affirm the custody decision of the district court.
The decision also discusses the negative consequences that can occur as a result of "orchestrated" claims of domestic abuse in custody litigation.
Posted on October 14, 2004 in Custody | Permalink
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| College Support: Sorority/Fraternity Fees & Spending Money »
October 14, 2004
Consequences of Hostility Toward Other Parent
In re Marriage of Simms discusses the ramifications of "hostile conduct" by one parent (or his/her extended family) against the other in the context of a custody dispute:
We, as did the district court, find that Marianne and her family impede Joel’s relationship with the children. Where one parent seeks to portray another in an unfavorable light, that fact is considered in assessing who should have primary physical care. See In re Marriage of Udelhofen, 444 N.W.2d 473, 474-76 (Iowa 1989); In re Marriage of Leyda, 355 N.W.2d 862, 865-67 (Iowa 1984); In re Marriage of Wedemeyer, 475 N.W.2d 657, 659-60 (Iowa Ct. App. 1991). The hostile conduct need not come only from the custodial parent. See In re Marriage of Crotty, 584 N.W.2d 714, 716-717 (Iowa Ct. App. 1998) (conduct of mother’s parents considered); In re Marriage of Rosenfeld, 524 N.W.2d 212, 215-16 (Iowa Ct. App. 1994) (conduct of stepmother considered). Marianne has a responsibility to assure her parents and siblings will not interfere with Joel’s relationship with the children. See Crotty, 584 N.W.2d at 717. We consider the fact that she seems unable to exercise this responsibility. We affirm the custody decision of the district court.
The decision also discusses the negative consequences that can occur as a result of "orchestrated" claims of domestic abuse in custody litigation.
Posted on October 14, 2004 in Custody | Permalink
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