Stephan P. v. Cecilia A.Annotate this Case
The mother of an autistic child filed a petition for a protective order against the child’s father, alleging that the father kicked the child during an altercation that took place at the Extreme Fun Center in Wasilla, Alaska. At the hearing on the long-term protective order, the court admitted the mother’s recording of statements the son made to her approximately 30-35 minutes after the incident. The son stated that the father kicked him in the buttocks; the only disinterested witness with personal knowledge of the incident testified that the father did not kick his son. Relying on the recording and testimony from the child’s mother and therapist, the superior court found that the father committed assault; relying on the mother’s testimony, the court found that the father committed criminal trespass and granted the mother’s petition. The court also required the father to undergo a psychological evaluation and pay the mother’s attorney’s fees. After review, the Alaska Supreme Court vacated and remanded the superior court’s assault finding, and reversed the court’s trespass finding. The Court determined the superior court made its findings by a "bare preponderance" of the evidence. It was an abuse of discretion for the superior court to admit the recording without making threshold findings as to the child's competency and the recording’s trustworthiness. The protective order was vacated, as was the order for the father to undergo a psychological evaluation. The matter was remanded for further proceedings.