State Ex Rel. Klopotek v. District Court of Sheridan County

621 P.2d 223, 1980 Wyo. LEXIS 325
CourtWyoming Supreme Court
DecidedDecember 10, 1980
Docket5356
StatusPublished
Cited by14 cases

This text of 621 P.2d 223 (State Ex Rel. Klopotek v. District Court of Sheridan County) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Klopotek v. District Court of Sheridan County, 621 P.2d 223, 1980 Wyo. LEXIS 325 (Wyo. 1980).

Opinions

ROONEY, Justice.

This is a child-custody case. It came to us on a petition of Raymond W. Klopotek, as relator, (hereinafter referred to as father) for: (1) a writ of habeas corpus, and (2) a writ of prohibition to be directed to the Honorable Leonard McEwan, Judge, Fourth Judicial District, prohibiting further proceedings in the child-custody case pending before him in Sheridan County. After issuing an order to show cause why the prayer of the petition should not be granted and after receiving responses thereto from Judge McEwan and from Bonita Iris Cline, the other party to the proceeding in the district court (hereinafter referred to as mother): (1) we appointed Bernard Q. Phe-lan, attorney at law, Cheyenne, Wyoming, Guardian Ad Litem for minor Juanita Ade-an Klopotek, and we directed him to appear and represent her interests herein; and (2) we made the following order:

“A Petition for a Writ of Prohibition and for a Writ of Habeas Corpus having been duly presented to this court; and sufficient cause having been shown therein to require further inquiry; and Respondent, The District Court of Sheridan County, Wyoming, and The Honorable Leonard McEwan, Judge thereof (hereinafter referred to as Respondent McEwan) having therefore been ordered to show cause why further proceedings in the district court in this matter should not be absolutely restrained; and Respondent Mc-Ewan having duly filed a ‘Response to “Order to Show Cause Why Writ of Habeas Corpus and Writ of Prohibition Should Not Issue” entered by the Supreme Court on August 20, 1980’ in which he averred [225]*225that the restraint, if any, of Juanita Ade-an Klopotek was by Bonita Cline and not by Respondent McEwan, and in which he indicated his belief that the issue is ‘Can a minor who is over 14 years of age have a guardian of his or her choice appointed as provided by Wyoming Law or does the “Uniform Child Custody Jurisdiction Act” preclude a minor over 14 from selecting his or her guardian’; and Bonita Cline, the other party to the proceeding in the district court having requested and received permission to make a response, and such response having been made-all pursuant to the provisions of Rules 3 and 4 of this court; and
“It appearing that Respondent McEwan contemplates further proceedings in the guardianship now pending before him; that Petitioner has questioned his jurisdiction to do so; that actions already taken by him amount to the exercise of such jurisdiction; and that he may not have had or now have such jurisdiction; and
“It appearing that Respondent McEwan is not restraining the person of Juanita Adean Klopotek; but that such restraint is by Bonita Cline, who is subject to the jurisdiction of this court in this matter by virtue of her response filed herein, and “It appearing-that the facts of this matter are not in dispute and are contained in the record before us, it is
“ORDERED that a hearing before the court relative to the questions of law pertaining to the application for a writ of prohibition be, and the same hereby is, set for 10:00 A.M. on the 29th day of October, 1980, at the Supreme Court Courtroom, Supreme Court Building, Cheyenne, Wyoming, at which time Petitioner, Respondent McEwan, Respondent Bonita Cline and Juanita Adean Klopotek may present such argument as they may or may not desire, pursuant to Rule 4(e) of this court. It is
“FURTHER ORDERED that the Petition for Habeas Corpus be, and the same hereby is, denied insofar as the application for it pertains to Respondent McEwan; and that a Writ of Habeas Corpus issue out of this court directing Respondent Bonita Cline to produce the body of Juanita Ade-an Klopotek before this court at 10:00 A.M. on the 29th day of October, 1980 at the Supreme Court Courtroom, Supreme Court Building, Cheyenne, Wyoming, it is
“FURTHER ORDERED that a copy of the Petition for a Writ of Habeas Corpus be filed in this case and that the Petition itself be returned to Petitioner with this Order pursuant to § 1-27-107, W.S.1977 (re Respondent McEwan); it is
“FURTHER ORDERED that such writ be served upon Respondent Bonita Cline by the Sheriff of Sheridan County, Wyoming, or his deputy.
“FURTHER ORDERED that a copy of this Order be furnished to counsel for Petitioner, counsel for Respondent, counsel for Bonita Cline, and to the guardian ad litem for Juanita Adean Klopotek.”

Immediately after the hearing, we made the following Order:

“After examination of pleadings, memo-randa briefs and other papers on file before the Court and hearing oral argument, all the parties or their counsel being present, the Court finds:
“1. That this Court has jurisdiction.
“2. That Petitioner is entitled to the custody of Juanita Adean Klopotek as a matter of law in accordance with the Judgment of the County Court, Barron County, Wisconsin in the case of Raymond W. Klopotek v. Bonita Iris Klopo-tek, dated March 27,1969, as amended on August 13,1976 and June 4,1979 and the mother has unlawfully retained custody of the child.
“3. Generally in favor of Petitioner and against Respondents.
“It is, therefore,
“ORDERED that a writ of prohibition issue.
“FURTHER ORDERED that Respondent, Bonita Cline, forthwith this day relinquish custody of Juanita Adean Klopo-tek to her father Raymond W. Klopotek.
“FURTHER ORDERED that the matter of costs and expenses including those of [226]*226the Guardian ad litem be and are taken under advisement.
“FINALLY ORDERED that an opinion of the Court follow.”

The procedural background and the facts of this case as necessary for our disposition were contained in the exhibits to the petition. These include certified copies of a judgment of divorce dated March 27, 1969 in a case in which the father and the mother were the parties; an order dated August 13, 1976 amending such judgment; and, an order dated June 4, 1979 amending such judgment as amended-all from the Circuit Court, Barron County, State of Wisconsin.1 In the judgment, the Wisconsin court gave custody and control of the minor children of the parties to the mother, and the court ordered that the children not be removed from the state of Wisconsin without permission. of the court. The August 13, 1976 order amending the judgment was pursuant to stipulation of the parties. It transferred “legal and physical custody of the two minor children of the parties, to wit: Nena Adean Klopotek and Michael Ray Klopo-tek” to the father, and it provided pursuant to such stipulation, that neither party “shall remove the said minor children from the State of Wisconsin for purposes of changing residency without permission of this court.” The June 4, 1979 order amending the judgment as amended was also pursuant to stipulation of the parties.

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State Ex Rel. Klopotek v. District Court of Sheridan County
621 P.2d 223 (Wyoming Supreme Court, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
621 P.2d 223, 1980 Wyo. LEXIS 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-klopotek-v-district-court-of-sheridan-county-wyo-1980.