1. AK Supreme Court Update 2012
Family Law Section
February 5, 2013

2. Grace v. Peterson 269 P.3d 663
Divorce – property distribution of remaining funds
Personal injury and loss of consortium
Bad faith insurance claim
Separated after accident
Parties divorced for one month prior to remarriage. Parties lived separately after remarrying
Issues on Appeal
Did court err by declining to use separation date for differentiating assets
No error lack of evidence regarding separation
Was it abuse of discretion in classifying past economic loss, past medical and rehab services as marital
No abuse of discretion > Bandow v. Bandow - analytical approach
Did court err by dividing bad faith insurance claim equally
Was error to divide equally
Wife’s claim for loss of consortium should have been classified as separate property
Husband’s past pain and suffering, future pain and suffering and loss of enjoyment in life are separate. Past economic loss, past medical loss and rehab services marital due to lack of evidence on separation. Also no evidence on total spent on expenses for each category since date of recovery

3. In Re Adoption of Xavier, K., a Minor 268 P.3d 274
Biological mother sought to adopt son
Never married to biological father
Mother argued biological father’s consent not required because he abandoned child and failed to meaningfully communicate. Father also failed to make child support payments
Trial court awarded primary physical, sole legal to mother with visitation rights to father, and denied petition. Mother appeals
Adoption petition inappropriate
Two goals of adoption statute
Mother using adoption statute as method to terminate parental rights
Mother’s petition contravenes purpose of adoption
Supreme court did not disturb custody award and affirmed denial of adoption petition

4. Stephanie F. v. George C. 270 P.3d 737
Appeal of Custody Award
Issues of domestic violence
Child with special needs (Non Verbal Learning Disorder)
After lengthy proceedings father was awarded primary physical and sole legal custody of children despite court’s finding of domestic violence triggering AS (g).
Trial court articulated an alternate standard for overcoming statutory presumption.
Supreme Court
A Batterer’s intervention program not only way to rebut presumption and does not prevent trial court from completing best interest analysis, no due process concerns
Trial court did not abuse discretion or make clearly erroneous findings.
No findings on whether Father took steps to rebut presumption remanded for consideration of this issue.

5. Weinberger v. Weinmeister 268 P.3d 305
Custody and Domestic Violence
Father obtained Ex Parte DVPO against Mother. Both parties sought custody in separate custody proceeding
Parties awarded joint interim custody under Ex Parte DVPO
Trial court found history of domestic violence by mother but awarded her sole legal and ordered progressive physical custody schedule. Father appeals
Also found one act of domestic violence by Father but not a single act leading to serious physical injury
Trial court determined Mother rebutted.
Mother ordered to participate in 12 week intervention program and Father ordered to attend infant parenting class.
Supreme Court
Mother failed to rebut presumption. Trial court erred in awarding custody to mother and custody order must be reversed.
Error to apply tender years doctrine under best interests analysis
Court appropriately considered AS (c)(6)
Father had opportunity to object to findings of fact and conclusions of law