Alaska Supreme Court
Branwen Collier F/k/a Mendel-Gleason, Appellant v. William Aubrey Harris, Appellee
September 2, 20112011 Alas. LEXIS 93
Summary
The court affirmed denial, without a hearing, of the mother's motion to modify joint legal and shared physical custody because her allegations did not establish a substantial change in circumstances sufficient for the relief requested. It held that the superior court used flawed reasoning concerning credibility determinations and unilateral schedule changes, but those errors were harmless because the motion did not make the required prima facie showing. The court vacated the attorney-fee award because the superior court failed to make required findings about relative financial resources and expanded the fee award without notice. Justice Fabe, dissenting, would have remanded for a hearing on modification of the shared physical-custody schedule based on the mother's changed work and school schedule.