David Ralph Berriault v. June Renee Alden, 16-0763

Parents David Berriault and June Alden share one child, J.D.B., born 2007; parents never married and separated in 2011.
In 2013 the district court awarded joint legal custody and placed physical care with June, ordering visitation and requiring June to support David’s parental role; court warned failure to do so could prompt custody change.
After continued conflict, David petitioned in January 2015 to modify custody, alleging June repeatedly undermined his relationship with J.D.B., including renewed allegations of past sexual abuse and coaching the child to fear David.
A Barrie, Ontario police investigation initiated by June’s 2014 complaint found the sexual-abuse allegation unfounded; June admitted contacting David’s employer and police about the allegation after the decree.
The guardian ad litem reported concerns about June coaching J.D.B. and recommended placing the child with David; testimony at the 2015 modification hearing showed June’s continued allegations and behavior undermining visitation.
The district court found June not credible, concluded her conduct was a substantial change in circumstances affecting the child’s welfare, and awarded physical care to David; the court affirmed this modification on appeal.

Issue	Plaintiff's Argument (David)	Defendant's Argument (June)	Held
Whether there was a "material and substantial" change in circumstances since the 2013 decree	June’s ongoing false abuse allegations and efforts to sabotage visitation and alienate J.D.B. constitute a substantial change not contemplated by the original decree	The issues David raises were the same as in the original proceeding and thus not a new substantial change; relationship remains strong	Court held June’s persistent undermining, including renewed abuse allegations and coaching the child, constituted a substantial change in circumstances
Whether modification is in the child’s best interests	David can better meet J.D.B.’s physical and emotional needs and will foster the child’s relationship with June	Moving J.D.B. would harm child; David won’t necessarily foster relationship with June	Court held awarding physical care to David is in the child’s best interests given June’s destabilizing conduct and lack of willingness to cooperate

In re Marriage of Sisson, 843 N.W.2d 866 (Iowa 2014) (standard for custody modification)
In re Marriage of Berning, 745 N.W.2d 90 (Iowa Ct. App. 2007) (deference to trial court credibility findings)
In re Marriage of Hoffman, 867 N.W.2d 26 (Iowa 2015) (best-interests-of-the-child controlling in custody disputes)
In re Marriage of Grantham, 698 N.W.2d 140 (Iowa 2005) (parental conduct diminishing parent–child relationship can warrant custody change)
In re Marriage of Quirk-Edwards, 509 N.W.2d 476 (Iowa 1993) (custodial parent’s interference with visitation may justify custody change)
In re Marriage of Downing, 432 N.W.2d 692 (Iowa Ct. App. 1988) (problems existing at decree can nonetheless support modification if consequences persist)
In re Marriage of Rosenfeld, 524 N.W.2d 212 (Iowa Ct. App. 1994) (custodial parent’s alienation of child from other parent can justify transfer of physical care)