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Deanna Alissa Fries
v.
Brooks Salomon Barney
Appellee
Deanna Alissa Fries
Appellant
Brooks Salomon Barney
Attorney for the Appellee
Elizabeth Kellner-Nelson
Attorney for the Appellant
David L. Leitner
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge. AFFIRMED AND REMANDED. Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ. Opinion by Tabor, J. (11 pages)
A father appeals the grant of a motion to vacate a provision of a custody order granting him the right of first refusal when the custodial parent, the mother, needs childcare. The father also appeals the district court’s denial of his application to hold the mother in contempt for violating this provision. OPINION HOLDS: Because substantial evidence supports the factual findings of the district court that the father and his attorney perpetrated extrinsic fraud in the execution of the custody stipulation, we affirm the district court’s vacation of that provision. We also find no abuse of discretion in the district court’s denial of the contempt application. The added provision was too vague to enforce as written. Finally, we find the mother is entitled to an award of attorney fees and remand for a determination of a reasonable amount.
