Hunter v. Conwell
Annotate this CaseBobbie Ann Hunter and Shaun Conwell had two sons before separating. Conwell filed a complaint for custody in 2006 but Hunter did not respond. The superior court granted Conwell sole legal and primary physical custody of the boys in a 2006 default judgment. Nearly two years later Hunter, acting pro se, sought modification of custody. The superior court denied Hunter’s motion without a hearing because it concluded that Hunter’s allegations were insufficient to constitute a substantial change in circumstances. Hunter appealed, and in a 2009 opinion the Supreme Court rejected as time-barred her arguments regarding the initial custody determination, but reversed the superior court’s denial of her motion for modification. The Court remanded for an evidentiary hearing on Hunter’s allegations of: (1) potential verbal abuse of the boys; (2) a change in Conwell’s employment requiring significant time away from the boys; (3) signs that the boys were developing mental health problems; and (4) Conwell’s interference with court-ordered telephonic visitation. An evidentiary hearing on remand was held and the superior court found that Hunter had not demonstrated a substantial change in circumstances warranting modification of custody. The court noted, however, that Conwell’s continued interference with telephonic visitation would alone amount to a substantial change if not remedied going forward. Hunter moved for reconsideration; her motion was deemed denied after 30 days. Hunter then appealed. Upon review, the Supreme Court affirmed the superior court’s finding of no substantial change in circumstances.
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