Christopher Harignordoquy v. Lee Ann Barlow
2013 WY 149
| Wyo. | 2013Background
- Wyoming district court resolved a custody dispute following a 2011 divorce petition between Harignordoquy and Barlow in Teton County; jurisdiction and custody decisions were challenged on appeal.
- Twin children were born via surrogate in Colorado in 2010; they and Barlow remained in Wyoming after birth.
- Harignordoquy, who holds French and US citizenship, moved to France in 2011; Barlow sought a domestic violence protective order and later a divorce filing in Wyoming.
- The district court awarded Barlow sole custody, with visitation limited to six weeks per year in Wyoming, a $25,000 visitation bond, and surrender of all passports; child support was set at $474/month.
- The district court determined Wyoming had home-state jurisdiction under the UCCJEA and addressed the possibility of French citizenship for the children; it declined to assign significant weight to potential dual citizenship absent proper foreign-law proof.
- On appeal, Harignordoquy challenged jurisdiction, custody/visitation rulings, and sanctions; the Wyoming Supreme Court affirmed and awarded costs and damages to Barlow under Rule 10.05.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Wyoming have home-state jurisdiction under the UCCJEA to determine custody? | Harignordoquy contends there was no home-state jurisdiction. | Barlow asserts Wyoming remained home-state due to residency and timely divorce filing. | No error; Wyoming had home-state jurisdiction. |
| Did the court abuse discretion by weighing possible dual French citizenship for the children? | Harignordoquy argues dual citizenship should influence custody/visitation. | Barlow contends foreign-law proof is required and citizenship is not determinative. | Court affirmed; lack of proper foreign-law proof limited weight of citizenship. |
| Are other appellate arguments adequately supported to merit review? | Harignordoquy argues various procedural and factual errors. | Barlow asserts record insufficiency and lack of cogent argument. | Court declined review for lack of adequate record and cogent argument. |
| Is sanctions under Rule 10.05 warranted for a lack of reasonable cause for appeal? | Harignordoquy challenges the sanctions posture but provides little cogent authority. | Barlow seeks sanctions due to frivolous appeal. | Sanctions awarded to appellee; no reasonable cause found. |
Key Cases Cited
- In re NC, 294 P.3d 866 (Wyo. 2013) (home-state priority under UCCJEA; forum-consistency)
- Redland v. Redland, 288 P.3d 1173 (Wyo. 2012) (standards for reviewing custody jurisdiction findings)
- Walker v. Walker, 311 P.3d 170 (Wyo. 2013) (broad discretion in child-custody matters; abuse of discretion standard)
- Durfee v. Durfee, 199 P.3d 1087 (Wyo. 2009) (standard for reviewing discretionary custody decisions)
- Roberts, 304 P.3d 121 (Wyo. 2013) (foreign-law proof and appellate review framework)