Case Brief: Hutchison v. Hutchison
Citation: Hutchison v. Hutchison, 47 Kan. App. 2d 851 (2012)
Parties: Jeffrey E. Hutchison v. Karen I. Hutchison
Facts: This appeal is an ongoing dispute over child custody between Jeffrey and Karen. Karen was married in 2000, during the marriage they had one child that was born in 2001. In 2002 Hutchinson filed a petition for divorce in the District Court of Douglas County, Kansas. The district court entered the divorce degree and stated that the child custody, parenting time would be figured out at different time. The parties agreed upon parenting time which was approved by the district court. Jeffrey and Karen were both granted joint legal custody of E.H. Karen was granted residential custody and Jeffrey was granted weekly parenting time. The custody that was agreed upon also covered holidays, birthdays and vacations. In 2004 Jeffrey filed a motion requesting the district court appoint a case manager and orders the parties to do case management. Both parties do mediation. In 2007 Susan Kraus saw that the mediation was not working, and thought that case management would be a good idea. The court appointed Cheryl Powers as the case manager. Over the next four years motions were filed by Karen seeking removal of Powers as the case manager. Also requesting the court rescinds the court’s decision to do case management. Karen’s motions were denied. Karen argued the due process claim. In the end Karen did not indicated she was appealing an order or lack of an order regarding the judge’s recusal.
Issue: Is a party’s failure to timely file a motion requesting that the trial judge recue himself or herself from the proceedings below bars that party from raising the issue of an appeal?
Holding: No, the court lacks jurisdiction to entertain any appeal of mother’s alleged motion to change
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