Stephen C. Kronk v. Aleek J.C. Awan

CourtMissouri Court of Appeals
DecidedMay 28, 2024
DocketWD86233
StatusPublished

This text of Stephen C. Kronk v. Aleek J.C. Awan (Stephen C. Kronk v. Aleek J.C. Awan) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stephen C. Kronk v. Aleek J.C. Awan, (Mo. Ct. App. 2024).

Opinion

IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT STEPHEN C. KRONK, ) ) Respondent, ) ) WD86233 v. ) ) OPINION FILED: ) May 28, 2024 ALEEK J.C. AWAN, ) ) Appellant. )

Appeal from the Circuit Court of Clay County, Missouri The Honorable Calan T. McConkey, Judge

Before Division Three: Cynthia L. Martin, Presiding Judge, Mark D. Pfeiffer and Edward R. Ardini, Jr., Judges

Ms. Aleek Awan (“Mother”) appeals from the judgment entered by the Circuit

Court of Clay County, Missouri (“trial court”), dissolving her marriage with Mr. Stephen

Kronk (“Father”), establishing paternity of a child that was born approximately one year

before the parties were married (“Child”), awarding sole legal and physical custody of

Child to Father, establishing a parenting plan, awarding Father prospective child support,

and dividing marital property. We affirm. Factual and Procedural History1

Mother and Father had a child together and married in October 2019,

approximately one year after Mother gave birth to Child. Father filed a petition for

dissolution of marriage on October 26, 2021, and alleged Child was a “child born of the

marriage.” Father simultaneously filed a motion for guardian ad litem (“GAL”), which

was granted on January 20, 2022, and Mother was served with the dissolution petition on

December 22, 2021. On January 20, 2022, Father filed a motion for a temporary

parenting plan—alleging Mother had denied Father’s access to Child for months and

requesting sole legal custody—and sent Mother service by certified mail the same day.

On January 21, 2022, Mother filed an “Answer” to the dissolution petition that did not

refute or otherwise challenge any of Father’s allegations in the dissolution petition and

contained only a “continuance request” to have additional time to retain counsel. Both

Father and the GAL opposed the “continuance request,” in part because Mother

continued to deny Father access to Child and because of concerns for Child’s well-being.

On February 4, 2022, the GAL also filed a motion for Mother to undergo a mental

examination.

On February 16, 2022, Mother’s attorney entered an appearance in the dissolution

proceedings and successfully moved to file an answer and counter-petition out of time.

Mother’s pleadings admitted Father’s paternity and simply did not address his allegation

1 “All evidence and reasonable inferences therefrom are viewed in the light most favorable to the trial court’s judgment, and all evidence and inferences to the contrary are disregarded.” Archdekin v. Archdekin, 562 S.W.3d 298, 304 (Mo. banc 2018) (citing Landewee v. Landewee, 515 S.W.3d 691, 694 (Mo. banc 2017)).

2 that Mother had wrongfully denied Father access to Child. On March 22, all parties

stipulated to an intermediate temporary parenting plan to allow Father to begin seeing

Child again. Under the initial temporary plan’s terms, Child would primarily reside with

Mother, and Father would receive blocks of parenting time that gradually increased in

duration until April 21, 2022, when the trial court would conduct a hearing to decide a

long-term temporary parenting plan.

On April 8, 2022, Mother’s attorney filed a motion to withdraw, which was

granted on April 14 after a hearing. Another hearing—relating to the temporary

parenting plan—took place on April 21. The trial court also took up the GAL’s motion

for Mother’s mental examination that day. Mother appeared at the hearing pro se. After

the hearing, the trial court entered a new temporary parenting plan, which provided

Father with sole custody, and granted the motion for Mother to undergo a mental

examination. The trial court identified the examiner, provided his contact information

and address in its ruling, and ordered Mother to contact the examiner within seventy-two

hours. Mother made no attempt to contact the examiner.

Instead, Mother made several social media posts disclosing confidential contents

of the hearing and accusing the GAL of lying and withholding information from the trial

court when recommending that Father should receive full custody of Child. After

Mother’s new attorney entered his appearance on May 27, the trial court addressed the

posts at a hearing conducted on June 2, 2022. At the hearing, the trial court admonished

Mother for her social media posts, but did not issue a formal order. The parties both

3 assured the trial court that confidential information should not and would not be posted

on public social media accounts.

On July 1, 2022, Father served multiple discovery requests on Mother. On

September 1, after several unsuccessful informal attempts to secure Mother’s mental

examination, Father filed a motion for sanctions against Mother—which focused

primarily on Mother’s continued refusal to comply with the mental examination order

and additionally cited the outstanding discovery requests—and specifically requested

Mother’s pleadings be stricken. On September 9, Mother responded with multiple filings

that collectively argued the temporary parenting plan and order for mental examination

should be vacated because no evidence justified either order and because Mother was

“forced to proceed without aid of counsel” at the hearing where the orders were issued.

On September 12, 2022, the trial court granted Father’s motion for sanctions and

struck Mother’s pleadings. Mother subsequently filed a motion to vacate the sanctions

and reinstate her pleadings. At a hearing on October 5, 2022, the trial court took up all

three of Mother’s motions to vacate—the temporary custody order, the mental

examination order, and the sanctions order. The trial court denied all three motions,

scheduled a pre-trial conference, and set trial for March 16, 2023.

At the pre-trial conference on February 3, 2023, Mother moved to quash all orders

pertaining to Child.2 Mother argued the trial court lacked subject matter jurisdiction to

2 Mother requested that the GAL be removed, that the order for her mental examination be quashed because her mental health was not relevant to the distribution of property or to the determination of any spousal support and that any orders pertaining to

4 adjudicate any of these issues because Father had not sufficiently pleaded that Child was

a “child of the marriage” and that an adjudication of Child’s paternity was a prerequisite

to any determination of custody. The same day, Mother filed a separate petition to

establish paternity, custody of Child, a parenting plan, and child support. Despite filing

this new and separate petition, Mother did not request to continue the March 16 trial date

in the pending dissolution proceeding.

Along with his answer to Mother’s separate paternity and child custody petition,

Father filed a motion to consolidate Mother’s new paternity and child custody petition

into the pending dissolution case on February 17, 2023. The circuit court presiding over

Mother’s newly filed paternity and child custody petition granted Father’s consolidation

motion, and the consolidated case was reassigned on February 21, 2023.

On March 2, 2023, Father filed a motion to strike Mother’s paternity and child

custody pleading allegations by enforcing the sanctions order previously granted in the

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Stephen C. Kronk v. Aleek J.C. Awan, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephen-c-kronk-v-aleek-jc-awan-moctapp-2024.