Abid v. AbidAnnotate this Case
In this custody case, the Supreme Court affirmed the decision of the district court to provide recordings of conversations between Father’s child and his ex-wife surreptitiously recorded by Father to a psychologist appointed by the court to evaluate the child’s welfare.
The stipulated divorce decree between the parties awarded them joint physical custody of their child. Father later moved to modify those terms to get primary physical custody. During the custody proceeding, Father filed a motion to admit the recordings at issue into evidence. The district court denied Father’s motion to admit the recordings into evidence but nonetheless provided the recordings to a psychologist, whom the court had appointed to interview and evaluate the child. The psychologist testified that Wife’s behavior was creating confusion and distress in the child, basing her opinion in part on the recordings. Thereafter, the district court determined that it was in the child’s best interest that Father be awarded primary physical custody. The Supreme Court affirmed, holding that the district court did not abuse its discretion in providing the recordings to the expert because they furthered the expert’s evaluation of the child’s relationship with his parents and aided the district court’s determination as to the child’s best interest.