Heber v. Heber
Annotate this CaseIn a custody modification proceeding, the superior court found that Todd Heber had a history of domestic violence and awarded Tamara Heber primary physical custody and sole legal custody of the parties’ son. Todd filed a motion arguing that this award was void because the assigned judge had received email communications from Tamara and subsequently disqualified himself. Todd also argued that Tamara engaged in fraud because their original dissolution petition stated that there was no domestic violence between them. But the record of the motion proceedings showed that Todd had adequate notice of this issue and that, regardless of the accuracy of the dissolution petition, Tamara’s motion to modify custody did not clearly involve fraud. Todd also argued that the second judge should have been disqualified because he had once reported that Todd’s lawyer had a disagreement with another staff member. On appeal, the Supreme Court concluded that there was no risk of injustice that required a second judge to set aside the custody award, and that these circumstances did not suggest any disqualifying bias.
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