Howell v. Weivoda

Summary

The Montana Supreme Court affirmed a Chouteau County District Court parenting plan awarding primary residential custody of the parties' child to the father in Washington. The court held that the record, including the absence of a hearing transcript, did not support reversal of the District Court's findings concerning the child's best interests, witness testimony, and relationship with a half-sibling. The court also declined to consider the guardian ad litem issue because it was raised for the first time on appeal.

Holdings

1. An appellant cannot obtain appellate relief on alleged trial-court errors that are not affirmatively demonstrated by the record; without a transcript, the Court could not adequately review the disputes concerning whether the hearing was final or interim, the admission of testimony, or the claimed due process violation.
2. The District Court adequately considered the statutory best-interests factors and Joshua's relationship with his half-brother because it made specific findings and conclusions addressing those matters.
3. The guardian-ad-litem issue was not properly before the Supreme Court because Weivoda raised it for the first time on appeal.
4. Montana Rule of Civil Procedure 26(a)(3) does not impose the same pretrial disclosure requirements as Federal Rule of Civil Procedure 26(a)(3).

Questions Presented

1. Whether the District Court erred by entering a final parenting plan when Weivoda had moved for an interim parenting plan.
2. Whether the District Court improperly admitted testimony from witnesses allegedly not disclosed before the hearing.
3. Whether the District Court considered the statutory best-interests factors under § 40-4-212, MCA.
4. Whether the District Court violated Weivoda's due process rights by entering a final decree and parenting plan.
5. Whether the District Court considered Joshua's relationship with his half-brother.
6. Whether the District Court erred by failing to appoint a guardian ad litem for Joshua.

Disposition

affirmed