Misyura v. Misyura
244 P.3d 519
Alaska2010Background
- Misyura married Lyudmila in 1994 and divorced in 2009; Lyudmila was awarded primary physical custody and Sergey visitation under conditions.
- Lyudmila planned to move out of state with the three children after engagement and fiancé’s transfer to Georgia; Sergey did not file a motion to modify custody.
- On March 2, 2010, Sergey moved for a preliminary injunction to bar the move; no motion to modify custody accompanied it.
- Superior Court denied the preliminary injunction on March 4, 2010, finding the move was for personal reasons and not intended to frustrate visitation.
- Sergey appealed, contending he was entitled to a hearing and that the move would affect his visitation and rights; Lyudmila opposed the injunction arguing failure to meet the three-part test.
- Standard of review states the court abuses discretion if it leaves a definite and firm conviction that the ruling was wrong.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sergey was entitled to a hearing before denying the injunction | Sergey (plaintiff) argues for a best-interests hearing prior to denying injunction | Lyudmila argues no custody modification motion was filed; no hearing required | No hearing required; no motion to modify custody filed; discretion affirmed. |
| Whether the superior court properly denied injunctive relief | Sergey contends move harms his relationship and warrants injunction | Move for personal reasons not illegitimate; custodial parent may relocate | Affirmed; movant failed to show irreparable harm or likelihood of merits. |
Key Cases Cited
- House v. House, 779 P.2d 1204 (Alaska 1989) (relocation allowed if custody remains in child's best interests)
- Barrett v. Alguire, 35 P.3d 1 (Alaska 2001) (custodial relocation constitutes substantial change in circumstances)
- Moeller-Prokosch v. Prokosch, 27 P.3d 314 (Alaska 2001) (relocation considerations and best interests in custody)
- McQuade v. McQuade, 901 P.2d 421 (Alaska 1995) (upholds consideration of relocation in custody proceedings)
- State, Div. of Elections v. Metcalfe, 110 P.3d 976 (Alaska 2005) (balance-of-hardships standard for preliminary injunctions)
- Kenai Peninsula Rd. Maint. Serv. Area v. Kenai Peninsula Borough, 850 P.2d 636 (Alaska 1993) (abuse of discretion standard for review of agency actions)
- House v. House, 779 P.2d 1204 (Alaska 1989) (custodial relocation considerations and best interests)