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Case No. 19-0219

In re the Marriage of Kane

Gabrielle L. Kane, n/k/a Gabrielle L. Rehard, Petitioner-Appellee

John K. Kane, Respondent-Appellant

Attorney for Appellant

David J. Hellstern

Attorney for Appellee

T.J. Hier (until withdrawal)

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 13, 2020

            Appeal from the Iowa District Court for Polk County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (9 pages)

            A father contends the “unilateral actions and inactions” of his former wife prompted the district court’s modification of the physical care of their two daughters.  The father seeks to return to their shared-care arrangement and believes the court should hold the mother in contempt.  OPINION HOLDS: Because it is appropriate to modify custody when shared custody provisions incorporated into the decree “have not evolved as envisioned by either of the parties or the court” or when the parents simply “cannot cooperate or communicate in dealing with their children,” we find the mother showed a substantial change in circumstances to justify modification.  Next, because the father did not prove the mother willfully violated the original decree, the mother cannot  be held in contempt.  We affirm. 

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