424 P.3d 247
Wyo.2018Background
- Mother and Father divorced in 2014; Father was awarded custody of two children (born 2003 and 2006).
- In November 2017 Mother filed an unserved "Motion for Ex-Parte for Emergency Custody" alleging school expulsion, abandonment, and parental alienation.
- Mother requested emergency ex parte temporary custody and did not serve Father or his counsel.
- The district court denied the ex parte emergency motion in a two‑sentence order.
- Mother appealed the denial and sought substantive modification of custody, visitation, and child support on appeal.
- Father moved to dismiss the appeal as nonappealable and sought sanctions and attorney fees for a frivolous appeal and procedural defects in Mother’s brief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Is the order appealable? | Wood argues the denial was erroneous and asks appellate review and custody modification. | Father says the denial of an ex parte emergency/temporary custody motion is not appealable. | Denied: order was a ruling on temporary ex parte relief and is not appealable; appeal dismissed for lack of jurisdiction. |
| 2. Are sanctions warranted? | Mother made substantive requests on appeal and proceeded pro se. | Father argues appeal lacked reasonable cause and brief violated appellate rules; requests fees. | Granted: Father entitled to reasonable attorney fees and costs; ordered to submit statement for award. |
Key Cases Cited
- Hamilton v. Hamilton, 228 P.3d 51 (Wyo. 2010) (standard: appellate jurisdiction is reviewed de novo; appeals allowed only from appealable orders)
- Waldron v. Waldron, 349 P.3d 974 (Wyo. 2015) (defining three characteristics of an appealable order under W.R.A.P. 1.05(a))
- Womack v. Swan, 413 P.3d 127 (Wyo. 2018) (temporary custody orders are limited in duration and not final/appealable)
- Book v. Book, 141 P.2d 546 (Wyo. 1943) (temporary custody orders leave final determination open)
- Weissman v. Weissman, 102 So.3d 718 (Fla. Dist. Ct. App. 2012) (ex parte temporary custody permissible only in emergency situations)
- Golden v. Guion, 375 P.3d 719 (Wyo. 2016) (awarding sanctions where appellant lacks reasonable cause or brief lacks cogent argument)
- Osborn v. Painter, 909 P.2d 960 (Wyo. 1996) (pro se litigants receive some leniency but must reasonably adhere to procedural rules)