Bonnie Bailey v. Brian Keith Murphy, 16-1835

Parents of one child (born 2009); joint legal custody previously; Bailey had physical care.
Murphy filed a petition (Oct 29, 2013) to modify custody to give him physical care; trial set for June 22, 2016.
Bailey's counsel withdrew June 8, 2016; Bailey proceeded pro se and did not appear June 22; court found her in default and set a prove-up for July 28.
Bailey submitted letters asserting late-term pregnancy, hospitalizations, C‑section on July 22, and postoperative restrictions; court denied continuances and required doctor’s note for further delay.
Hearing on July 28 proceeded in Bailey’s absence; on August 1 the court entered default and modified custody to give Murphy physical care.
On August 3 (now with counsel), Bailey moved to set aside the default, submitted medical records showing a two‑week driving restriction and wound-care follow-ups; district court denied the motion.

Issue	Bailey's Argument	Murphy's Argument	Held
Whether the district court abused its discretion by denying a continuance of the July 28 prove-up hearing	Bailey argued pregnancy, hospitalization, and delivery constituted good cause for continuance	Murphy opposed further delay and relied on Bailey’s failure to provide medical proof before the hearing	Court: No abuse of discretion; denial affirmed
Whether the district court abused its discretion by denying Bailey’s motion to set aside the default judgment	Bailey argued excusable neglect/good cause (late-term pregnancy, C‑section, postoperative restrictions) warranted setting aside default so the merits could be decided	Murphy opposed setting aside the default; relied on the default and prior rulings	Court: Abuse of discretion in denying motion to set aside; default should have been set aside; reversal in part and remand

Hawkeye Bank & Tr. v. Baugh, 463 N.W.2d 22 (Iowa 1990) (standard for reviewing continuance decisions)
In re Marriage of Williams, 595 N.W.2d 126 (Iowa 1999) (general abuse-of-discretion review for entry of default judgment)
Fenton v. Webb, 705 N.W.2d 323 (Iowa Ct. App. 2005) (in custody defaults, best interests inquiry required before granting default relief)
Sheeder v. Boyette, 764 N.W.2d 778 (Iowa Ct. App. 2009) (standard for reviewing motions to set aside default judgments)
Brandenburg v. Feterl Mfg. Co., 603 N.W.2d 580 (Iowa 1999) (burden on movant to show good cause under Iowa R. Civ. P. 1.977)
Cent. Nat’l Ins. Co. of Omaha v. Ins. Co. of N. Am., 513 N.W.2d 750 (Iowa 1994) (factors for excusable neglect and policy favoring trials on the merits)