Tuesday, March 21, 2006
Case Law Developments: Default Judgment in Custody Action Not Appropriate Sanction for Failure to Comply With Discovery
The Iowa Court of Appeals reversed the use of default judgment that resulted in Father having no visitation with his children as a sanction for failure to comply with discovery. While the court noted that Father, who was represented by counsel in the proceedings, did indeed neglect the comply with court orders, his actions were not so willful and in bad faith as to justify the use of default on such a critical issue as child custody and visitation.
In re Marriage of Windschitl, 2006 Iowa App. LEXIS 236 (March 15, 2006)
Opinion on the web (last visited March 21, 2006 bgf)