Christine Wedding v. Donald S. Wedding (mem. dec.)
82A01-1605-DR-1202
| Ind. Ct. App. | Feb 7, 2017Background
- Parties: Christine (Mother) and Donald Wedding (Father) divorced; one child A.W., born 2007.
- Procedural posture: Divorce petition filed 2014; multiple evidentiary hearings; final custody/support order entered Oct. 27, 2015 (amended Oct. 30, 2015). Mother designated primary physical custodian; court ordered child to change schools to one in Father’s district for spring 2016.
- GAL recommended school change only if Father were primary physical custodian; the trial court nevertheless ordered the change while awarding primary physical custody to Mother.
- Mother filed a motion to correct error challenging the school change as contrary to the child’s best interests and sought a stay; she did not request transcripts of the evidentiary hearings that produced the challenged custody order for appeal.
- Trial court denied the motion to correct error; Mother appealed but failed to provide the underlying hearing transcripts necessary to contest factual findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by ordering the child to change schools despite awarding Mother primary physical custody | Mother: school change is not supported by evidence and is contrary to child’s best interests | Father: record supports school change; GAL’s recommendations and visitation logistics justify it | Court: Appeal waived for lack of transcript; affirmed trial court’s order |
| Whether the custody order was ambiguous such that transcript omission is excused | Mother: order ambiguous; ambiguity could be reviewed without full transcript | Father: order was clear and executable | Court: order not ambiguous; Mother waived appellate review by failing to supply transcripts |
| Whether Mother should be ordered to pay Father’s appellate attorney fees under App. R. 66(E) | N/A (Mother opposed) | Father: Mother’s procedural noncompliance shows bad faith warranting fees | Court: Denied fee award; procedural failure was serious but not sufficiently bad faith to impose sanctions |
Key Cases Cited
- Garrett v. Spear, 24 N.E.3d 472 (Ind. Ct. App. 2014) (standard for reviewing motion to correct error and abuse of discretion)
- Quinn v. Quinn, 62 N.E.3d 1212 (Ind. Ct. App. 2016) (deference to trial court in custody decisions; will not reweigh evidence)
- In re Walker, 665 N.E.2d 586 (Ind. 1996) (failure to provide transcript waives errors dependent on evidentiary review)
- Lifeline Youth & Family Servs., Inc. v. Installed Bldg. Prods., Inc., 996 N.E.2d 808 (Ind. Ct. App. 2013) (same rule on waiver for missing transcript)
- Maddux v. Maddux, 40 N.E.3d 971 (Ind. Ct. App. 2015) (trial court not bound to accept expert/GAL custody recommendations)
- Gilbert v. Gilbert, 777 N.E.2d 785 (Ind. Ct. App. 2002) (test for ambiguity of a judgment)
- Gillock v. City of New Castle, 999 N.E.2d 1043 (Ind. Ct. App. 2013) (App. R. 66(E) allows assessing damages for frivolous or bad-faith appeals)
- Poulard v. Laporte County Election Bd., 922 N.E.2d 734 (Ind. Ct. App. 2010) (restraint in awarding appellate attorney fees to avoid chilling appeals)
- Thacker v. Wentzel, 797 N.E.2d 342 (Ind. Ct. App. 2003) (procedural bad faith defined for appellate sanctions)
- Basic v. Amouri, 58 N.E.3d 980 (Ind. Ct. App. 2016) (distinguishing substantive vs procedural bad faith in appeals)