Background
Heather and Adam Ruel divorced in 2020, when the circuit court awarded them joint legal and physical custody of their two children. In the ensuing modification proceedings, Mother sought sole custody. A guardian ad litem was appointed, and Father’s custody was first suspended and later limited to supervised visitation amid allegations concerning his conduct with the children; supervised visitation ended in November 2023 after further abuse allegations.
Shortly before the July 2025 modification trial, Father asked his third attorney to withdraw. The court told him the trial would not be continued, and Father said he understood. The day before trial, acting without counsel, Father filed a notice voluntarily waiving his participation while purporting to preserve appellate issues. He neither attended the trial nor filed post-judgment motions. After trial, the court gave Mother sole legal and physical custody and ordered no contact between Father and the children.
The Court’s Holding
The Missouri Court of Appeals dismissed the appeal. Father’s voluntary decision not to participate at trial, coupled with his failure to file a post-judgment motion, left his claims unpreserved for appellate review. A generalized statement reserving appellate rights could not substitute for raising objections in the trial court or seeking amendment of the judgment.
The court rejected Father’s Fifth Amendment theory because the privilege against self-incrimination could have been invoked in the civil proceedings as appropriate; Father’s absence from trial prevented him from doing so. It also declined plain-error relief, noting that such review is rare in civil cases and that the trial court heard testimony, received exhibits, and entered a detailed judgment supported by substantial evidence.
Key Takeaways
- A party cannot preserve appellate issues merely by declining to participate at trial and announcing a reservation of appellate rights.
- Challenges to the form or language of a bench-trial judgment, including allegedly missing statutory findings, must be raised in a motion to amend the judgment.
- Pro se litigants must comply with the same preservation rules that apply to represented parties.
Why It Matters
The decision underscores that custody litigants must create a trial record and give the circuit court an opportunity to correct claimed errors before seeking appellate review. In particular, alleged omissions of required custody findings must be presented through the prescribed post-judgment procedure.