Willis v. Davis
2010 WY 149
| Wyo. | 2010Background
- Chad Davis and Wendy Willis (f/k/a Wendy Davis) were divorced; Father obtained primary physical custody and Mother had liberal visitation.
- A year later Father filed a motion for contempt alleging Mother violated the decree by secret counseling and making derogatory remarks; Mother answered with a contempt motion against Father and sought custody modification.
- After a hearing, the district court declined to find contempt by either party and denied custody modification; no appeal was taken from that order by Mother.
- Nine days later Mother moved to modify custody; Father moved to dismiss, arguing res judicata due to the prior ruling on modification in the contempt context.
- The district court granted the dismissal, holding res judicata barred the custody modification; Mother appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata barred Mother's custody modification. | Willis argues later modification was not adjudicated. | Davis contends prior ruling covered modification and precludes relitigation. | Yes, res judicata barred modification. |
Key Cases Cited
- Mentock v. Mentock, 638 P.2d 156 (Wyo. 1981) (custody modification exemptions to res judicata)
- Aragon v. Aragon, 104 P.3d 756 (Wyo. 2005) (modification requires material change in circumstances; two-step process)
- Hayzlett v. Hayzlett, 167 P.3d 639 (Wyo. 2007) (modification requires showing material change and best interests)
- CLH v. MMJ, 129 P.3d 874 (Wyo. 2006) (two-step custody modification standard)
- In re TLJ, 129 P.3d 874 (Wyo. 2006) (context for evaluating material change in circumstances)
- Wyoming Med. Ctr., Inc. v. Wyoming Ins. Guar. Ass'n, 225 P.3d 1061 (Wyo. 2010) (statutory framework for res judicata in litigation)