Alaska Supreme Court

Sergey Misyura, Appellant v. Lyudmila Misyura, Appellee

November 24, 20102010 Alas. LEXIS 122

Summary

The Alaska Supreme Court affirmed the denial of Sergey Misyura's motion for a preliminary injunction barring Lyudmila Misyura from relocating with their children to Georgia. Because Sergey sought only injunctive relief and did not move to modify custody, he was not entitled to a custody-modification hearing, although he remained free to file such a motion. The court also held that he failed to show the likelihood of success required for preliminary injunctive relief because the relocation was for legitimate personal reasons and its effect on visitation alone did not establish an improper purpose.