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Alaska Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Child Custody for Alaska on
Q: My ex and me hav 2 kids 9 months and a 2 year old. I’m planning to leave state he won’t allow me no and he agreed before

We have no custody agreement and have never been to court what will happen if I live with him saying I can’t? I have the children 95% of the time.

Stefan Otterson
Stefan Otterson answered on Nov 19, 2018

There's nothing to stop you from leaving. Both of you have equal rights, so there's nothing stopping him from leaving with the kids either. If you leave without working it out with him first, he can file for a custody order and ask the court to order the kids returned to Alaska. Alaska will... Read more »

1 Answer | Asked in Civil Litigation and Family Law for Alaska on
Q: My daughters mother moved from Anchorage to TN. Who would be responsible for travel expenses back to AK for Christmas.
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 11, 2017

Travel for the child, right? The party who moved the child (child's mother) would be responsible, normally, assuming that there is a judgment giving you visitation rights.

1 Answer | Asked in Civil Litigation and Family Law for Alaska on
Q: my BM refuse to have my son at the airport because she wants everyone in the hospital with her while she is giving birth

We have a court order saying i get him for summers and every other Christmas for 3 weeks.But this year i get him for 5 weeks because she picked him up early during my summer visitation. The judge told us to figure out the dates. she said any day is fine. I told her it was going to be after my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 7, 2017

I gather she expects to give birth at the same time the child is supposed to board the plane, and no one else is "available" to bring him to the airport. If you want to be more proactive, file a motion ASAP.

1 Answer | Asked in Civil Litigation for Alaska on
Q: Will the response be due on the 31st or will the stay supersede it even if the judge hasn't ordered the stay by Oct. 31?

I have a summary judgment response due on the 31st, but am putting in a motion for a SCRA stay in on the 25th. I need to know if I have to prepare to file the response or if the SCRA trumps it. Also is there a way to request more time to prepare for the response. Im pro se and the summary judgment... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 25, 2016

If the SCRA applies, it probably would indeed trump the MSJ. If I were you, I would include in the SCRA response a statement that you have more to say about the MSJ, so if the SCRA motion is denied you would request more time to respond to the MSJ.

1 Answer | Asked in Civil Litigation for Alaska on
Q: where do I locate info pertaining to Mitchell v Alaska Packers Association, 1982 AMC 2796 (D. Alaska 1981)
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 30, 2016

Is this a US District Court for the District of Alaska case? Normally, opinions from that court would be found in reporters entitled "Federal Supplement" (F. Supp., F Supp. 2d, or F. Supp. 3d). I am not familiar with a reporter entitled "AMC". Can you give more information (Such as Mitchell's... Read more »

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