Supreme Court of Iowa
| Supreme Court of Iowa. DOAN THI HOANG ANH, Appellee, v. Johnny NELSON and Bonnie Nelson, Appellants. No. 3-59318. Sept. 22, 1976. Alleged natural mother of minor brought habeas corpus action to regain custody of minor from adoptive parents. The Winnebago District Court, L. E. Plummer, J., ordered defendants to surrender custody of minor to plaintiff, and defendants appealed. The Supreme Court, Moore, C.J., held that evidence sustained finding that plaintiff was minor's natural mother; that mother did not abandon minor when she left him at orphanage; that affidavit stating that minor's natural mother had released her child verbally and physically to staff member of orphanage was insufficient to prove that mother had released minor for adoption, in absence of written release signed by mother; and that adoptive parents failed to rebut statutory presumption favoring natural parent's custody of minor. Affirmed. West Headnotes [1] Habeas Corpus 197 197 Habeas Corpus 197II Grounds for Relief; Illegality of Restraint 197II(C) Relief Affecting Particular Persons or Proceedings 197k531 Infants 197k532 Custody in General 197k532(1) k. In General. Most Cited Cases Although habeas corpus was originally designed to test legality under which person was restrained of his liberty, it was enlarged to encompass inquiries into proper custody of children. [2] Habeas Corpus 197 197 Habeas Corpus 197I In General 197I(A) In General 197I(A)1 Nature of Remedy in General 197k204 k. Equitable Considerations. Most Cited Cases (Formerly 197k1) Habeas Corpus 197 197 Habeas Corpus 197III Jurisdiction, Proceedings, and Relief 197III(D) Review 197III(D)2 Scope and Standards of Review 197k842 k. Review De Novo. Most Cited Cases Habeas corpus actions involving child custody are equitable in nature, and Supreme Court reviews them de novo. [3] Habeas Corpus 197 197 Habeas Corpus 197III Jurisdiction, Proceedings, and Relief 197III(C) Proceedings 197III(C)2 Evidence 197k726 Relief Affecting Particular Persons or Proceedings, Weight and Sufficiency 197k731 k. Infants. Most Cited Cases Evidence in habeas corpus proceeding to regain custody of minor sustained finding that plaintiff was minor's natural mother. [4] Child Custody 76D 76D Child Custody 76DII Grounds and Factors in General 76DII(B) Factors Relating to Parties Seeking Custody 76Dk68 k. Previous Abandonment or Relinquishment by Custodian. Most Cited Cases Where minor's natural mother left minor with orphanage in Saigon during final days of Saigon regime in order to protect him from death or capture by Communists, and mother did not sign written release or consent to adoption, mother did not abandon minor when she left him at orphanage. [5] Child Custody 76D 76D Child Custody 76DII Grounds and Factors in General 76DII(B) Factors Relating to Parties Seeking Custody 76Dk68 k. Previous Abandonment or Relinquishment by Custodian. Most Cited Cases Surrender of custody by child's parents is presumed temporary unless contrary is made to appear by proof, clear, definite and certain. [6] Evidence 157 157 Evidence 157II Presumptions 157k81 k. Laws of Foreign Countries. Most Cited Cases In habeas corpus proceeding involving custody of Vietnamese child, in which neither party attempted to prove Vietnamese law was applicable to any issue raised, it would be presumed that foreign law, both statutory and common law, was the same as state law. 58 I.C.A. Rules of Civil Procedure, rule 94. [7] Evidence 157 157 Evidence 157I Judicial Notice 157k37 k. Laws of Foreign Countries. Most Cited Cases Supreme Court may not take judicial notice of foreign law in absence of pleading and proof. 58 I.C.A. Rules of Civil Procedure, rule 94. [8] Habeas Corpus 197 197 Habeas Corpus 197III Jurisdiction, Proceedings, and Relief 197III(C) Proceedings 197III(C)2 Evidence 197k726 Relief Affecting Particular Persons or Proceedings, Weight and Sufficiency 197k731 k. Infants. Most Cited Cases (Formerly 197k85.7(2), 211k19.4) In habeas corpus proceeding to regain custody of minor, affidavit sworn to by overseas director of Vietnamese orphanage stating that minor's natural mother had released her child verbally and physically to staff member of orphanage was insufficient to prove that mother released minor for purpose of adoption, in absence of written release signed by mother. I.C.A. § § 238.26, 238.27. [9] Evidence 157 157 Evidence 157IV Admissibility in General 157IV(A) Facts in Issue and Relevant to Issues 157k99 k. Relevancy in General. Most Cited Cases Relevancy refers to whether offered evidence has probative value in relation to purpose for which it is offered. [10] Habeas Corpus 197 197 Habeas Corpus 197III Jurisdiction, Proceedings, and Relief 197III(C) Proceedings 197III(C)2 Evidence 197k712 Admissibility 197k712.1 k. In General. Most Cited Cases (Formerly 197k712, 197k85.3(1)) In habeas corpus proceeding to regain custody of minor, trial court did not err in considering absence of either a valid release or consent to adoption; both were relevant to determination of minor's best interests. [11] Child Custody 76D 76D Child Custody 76DII Grounds and Factors in General 76DII(A) In General 76Dk27 k. Custody of Siblings; Split Custody. Most Cited Cases Brothers and sisters should not be separated and lose benefit of constant association with one another without showing of good and compelling reasons. [12] Child Custody 76D 76D Child Custody 76DIX Modification 76DIX(B) Grounds and Factors 76Dk552 k. In General. Most Cited Cases If a person having lawful care of child has properly provided for child's social, moral and educational needs for substantial period of time and the child has become attached to that environment and those responsible for his welfare and happiness, court is not justified in transferring that custody to another except for the most cogent reasons. [13] Habeas Corpus 197 197 Habeas Corpus 197III Jurisdiction, Proceedings, and Relief 197III(C) Proceedings 197III(C)2 Evidence 197k701 Presumptions 197k701.1 k. In General. Most Cited Cases (Formerly 197k701, 197k85.1(1)) In habeas corpus proceeding brought by natural mother to regain custody of minor, adoptive parents failed to rebut statutory presumption favoring the natural parent's custody of minor. I.C.A. § 633.559. [14] Child Custody 76D 76D Child Custody 76DII Grounds and Factors in General 76DII(C) Factors Relating to Child 76Dk76 k. Welfare and Best Interest of Child. Most Cited Cases Long-range interests as well as immediate interests of child must be considered in determining child's custody. *513 Boyle, Schuler & Stanton, Clear Lake, for appellants. Pappas, McGuire & Folkers, Mason City, for appellee. En banc. MOORE, Chief Justice. This is a habeas corpus action by Doan Thi Hoang Anh (Anh), a refugee from Vietnam, to regain custody of her son Doan Van Binh (Binh) from defendants (Nelsons) in whose home the minor child had been placed for adoption by a Colorado child placement agency which had evacuated the child from Vietnam. The trial court sustained the writ and specifically found Anh was Binh's natural mother; she had neither abandoned nor released Binh for purpose of adoption and concluded the best interests of the child required that he be returned to his natural mother. On this appeal by Nelsons they assert the trial court erred in each of its findings and conclusions. [1][2] I. Although habeas corpus was originally designed to test the legality under which a person was restrained of his liberty, it was long ago enlarged to encompass inquiries into the proper custody of children. LaMar v. Zimmerman, Iowa, 169 N.W.2d 819, 821; Allender v. Selders, 227 Iowa 1324, 1330, 291 N.W. 176, 179. Such actions are equitable in nature and we review them de novo. McCalester v. Hillcrest Serv., Child. & Youth, Iowa, 232 N.W.2d 1, 3; Eddards v. Suhr, Iowa, 193 N.W.2d 113, 116 |
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