Alaska Supreme Court

Kalindi McAlpine, Appellant v. Shaun Pacarro, Appellee

October 21, 20112011 Alas. LEXIS 110

Summary

The court held that the mother's motion to modify custody was not barred by res judicata and that her allegations of earlier and later domestic violence established a prima facie basis for a custody-modification hearing. Although collateral estoppel might apply to allegations actually litigated and decided at an earlier hearing, the superior court had not considered whether applying it would be fair. The court remanded for an evidentiary hearing consistent with these principles.