L.S. v. A.A. - Custody and Protective Order Modification Appeal

Iowa Court of Appeals

Filed March 11th, 2026

Detected March 11th, 2026

Summary

The Iowa Court of Appeals affirmed a district court's decision regarding custody, physical care, and support, as well as a modification of a protective order. The appellate court found no basis to grant the appellant relief on her various claims, including issues related to mediation, recusal, and a motion for new trial.

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The Iowa Court of Appeals, in case number 24-1272, has affirmed a district court's stipulated decree establishing custody, physical care, and support, and a modification of a protective order. The appellant, A.A., appealed the decision, raising several arguments concerning the admissibility of an affidavit, the recusal of the district court judge, and the treatment of her post-decree motions. The appellate court specifically held that an affidavit attached to a rule 1.904(2) motion could not be considered, error was not preserved regarding the recusal claim, and there was no basis to grant a new trial even if the motion was considered as such.

This ruling means the original custody and protective order modifications stand. For legal professionals involved in similar family law appeals, this case highlights the importance of proper error preservation and adherence to rules of evidence and procedure. There are no new compliance deadlines or penalties associated with this appellate court opinion, as it pertains to a specific case resolution.

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Main Content

Case No. 24-1272

L.S.

v.
A.A.

Appellee

L.S.

Appellant

A.A.

Attorney for the Appellee

Matthew L. Noel

Attorney for the Appellant

Carrie L. O'Connor

Court of Appeals

Court of Appeals Opinion

Opinion Number:

24-1272

Date Published:

Mar 11, 2026

Summary

Appeal from the Iowa District Court for Delaware County, The Honorable Monica Zrinyi Ackley, Judge. AFFIRMED. Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ. Opinion by Ahlers, P.J. (7 pages)

In this consolidated appeal, A.A. appeals from the entry of the stipulated decree establishing custody, physical care, and support of her child with L.S. and from the corresponding modification of her Iowa Code chapter 236A (2023) protective order. She argues (1) we can consider her affidavit attached to an Iowa Rule of Civil Procedure 1.904(2) motion stating what she believed occurred during mediation in the custody proceedings; (2) the district court judge should have recused herself from ruling on A.A.’s post-decree motions and L.S.’s Iowa Court Rule 6.807 motion, (3) the district court should have considered her rule 1.904(2) motion to serve as a motion for new trial, and (4) the judge’s conduct during mediation requires the decree be vacated and a new trial granted. OPINION HOLDS: We cannot consider the affidavit. A.A. failed to preserve error on her claim regarding the district court judge’s recusal. Even if we consider A.A.’s 1.904(2) motion to serve as a new trial motion, there is no basis to grant a new trial. As such, we have no basis to grant A.A. with relief in either proceeding.