Background
Kevin Hickle and Stephanie Barraza share three minor children. Earlier orders gave the parents joint legal decision-making, with Father holding final say; Father was the primary residential parent, Mother had alternating-weekend parenting time, and Mother paid child support.
Father sought modification in 2025, alleging that Mother’s boyfriend molested and threatened the children. After temporary supervised parenting time for Mother, appointment of a best-interests attorney, and an evidentiary hearing, the superior court made Mother the primary residential parent, retained joint legal decision-making but gave Mother final say, and ordered Father to pay $825 monthly child support.
The Court’s Holding
The Arizona Court of Appeals affirmed. It held that Father’s opening brief failed to comply with appellate briefing rules because it did not adequately develop legal arguments, cite supporting authority, or cite the record. Father also did not provide a transcript of the evidentiary hearing, requiring the appellate court to presume the missing transcript supported the superior court’s ruling.
The court further held that Father waived several claims by raising them for the first time on appeal, including claims involving government agencies, disability discrimination, and the Bureau of Indian Affairs. ICWA did not apply because this was a custody dispute between parents, not a foster-care, termination, preadoptive, or adoptive placement proceeding.
Key Takeaways
- Self-represented appellants must comply with appellate briefing and record-citation requirements.
- Without a hearing transcript, an appellate court presumes the record supports the trial court’s decision.
- ICWA excludes custody disputes between parents from its definition of covered child-custody proceedings.
Why It Matters
The decision underscores that appellate review depends on a properly supported brief and an adequate record, even when a party proceeds without counsel. It also confirms that allegations of tribal membership do not by themselves trigger ICWA in an inter-parent custody dispute.