In re the Marriage of Wang and Ye
24-0420
| Iowa Ct. App. | Mar 5, 2025Background
- Zhenzhen Wang and Shengyi Ye, both originally from China, married in Iowa in 2008 and have two children.
- In 2019, Shengyi moved to China for a professorship; Zhenzhen and the children remained in Iowa.
- In 2022, during a visit to China, Shengyi took the children's travel documents, preventing their return to the US for six to seven months.
- Zhenzhen petitioned for dissolution in Iowa, and the district court granted her sole legal custody, restricting Shengyi's visitation to the US only.
- Shengyi appealed the decision, seeking joint legal custody and the right to take the children to China for visitation.
Issues
| Issue | Wang's Argument | Ye's Argument | Held |
|---|---|---|---|
| Sole legal custody vs. joint custody | Sole custody needed due to Ye's conduct and absence | Joint custody presumed; he is a suitable parent | Sole legal custody affirmed due to past conduct, distance, and lack of joint parenting capacity |
| Visitation limited to US | Restriction needed to protect children, risk of abduction | Should be allowed to take children to China | Visitation limited to US justified by past behavior and lack of Hague protections |
Key Cases Cited
- In re Marriage of McDermott, 827 N.W.2d 671 (Iowa 2013) (de novo standard of review in dissolution cases)
- In re Marriage of Rykhoek, 525 N.W.2d 1 (Iowa Ct. App. 1994) (visitation may be restricted where return of children is previously denied)
- In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (best interests of the child govern care and custody decisions)
- In re Marriage of Winnike, 497 N.W.2d 170 (Iowa Ct. App. 1992) (strong policy in favor of joint custody, deviation for compelling circumstances)
- In re Marriage of Forbes, 570 N.W.2d 757 (Iowa 1997) (defining what constitutes a history of domestic violence for custody purposes)
