Jacob G. v. Savanah F.
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The case involves a domestic violence protective order (DVPO) issued in favor of a child's father (Jacob G.) against the child's mother (Savanah F.) following an incident of custodial interference that involved the mother taking the child from Alaska to Texas without the father's knowledge and in violation of a custody order. The father had sought attorney's fees, which were denied by the Superior Court without explanation.
The Supreme Court of the State of Alaska reversed the Superior Court's decision, holding that a person who successfully petitions for a DVPO is entitled to seek attorney’s fees from the respondent, and these can only be denied in exceptional circumstances. The Court held that neither of the arguments made by the mother in opposition to the fees - that her act of custodial interference was justified by the father’s substance abuse, and that she could not afford to pay the fees - constituted exceptional circumstances. The Court noted that the mother's argument fails to recognize the harm caused by custodial interference, and that her financial circumstances did not justify denial of the fees, given she had paid her own legal fees and had the ability to earn income.
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