Guardianship of Riley J. Young
2014 ME 80
| Me. | 2014Background
- In 2012 Sarah A. Clifford and Debra J. Clifford petitioned for temporary guardianship of Riley J. Young, the minor child of Tasha J. Young, under Maine law.
- The York County Probate Court matter was referred to an Oxford County judge because of recusal.
- After a contested hearing, the court granted the Cliffords a six-month temporary guardianship (the maximum period under the statute), giving them residence of the child and authority over care, education, and medical decisions.
- The court set a contact schedule between Young (mother) and the child during the guardianship term.
- Young appealed, challenging sufficiency of the evidence for guardianship, the court’s reopening of evidence, admission of certain evidence, and denial of expert witness fees.
- The temporary guardianship expired before appeal resolution; Young did not argue a mootness exception or seek expedited review, so the appeal was dismissed as moot.
Issues
| Issue | Young’s Argument | Cliffords’ Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for temporary guardianship | Trial evidence was insufficient to support appointment | Trial evidence supported appointment for statutory six-month period | Dismissed as moot (no relief available because guardianship expired) |
| Reopening of evidence at trial | Reopening was erroneous and prejudicial | Reopening was within court’s discretion | Dismissed as moot |
| Admission of particular evidence | Admission was improper and affected outcome | Evidence admissible and properly considered | Dismissed as moot |
| Denial of expert witness fees | Young sought fees; denial was error | Fees denial was proper under statute/circumstances | Dismissed as moot |
Key Cases Cited
- Sparks v. Sparks, 65 A.3d 1223 (Me. 2013) (appeal moot where appellate relief would not provide greater relief than earlier proceeding)
- Sordyl v. Sordyl, 692 A.2d 1386 (Me. 1997) (dismissing as moot appeal from expired protection order)
- Doe v. Williams, 61 A.3d 718 (Me. 2013) (recognizing exceptions that permit review of otherwise moot appeals)
- In re Steven L., 86 A.3d 5 (Me. 2014) (noting appellant’s duty to seek expedited review to avoid mootness)