In a case that clarifies the court’s power to address acts of fraud, the Alabama Court of Civil Appeals recently presided over an appeal originating in Mobile County. This case, Ex parte Gage Bruce Roberts, addresses fraud in the context of a divorce judgment, emphasizing the court’s authority to handle such scenarios.
The father, Gage Bruce Roberts, and the mother, Taylor Rose Roberts, were divorced in March 2023. The judgment incorporated a previous agreement from December 2022, awarding joint legal custody to both parents and sole physical custody to the father. Under the agreement, the mother was exempted from paying child support, and the father was allowed to relocate to Wisconsin. However, following the initial agreement, the parents signed a separate notarized parenting agreement in January 2023. Under the new agreement, the parents shared physical custody with weekly alternations, requiring the father to remain in Alabama unless both parents consented to relocation. Despite this later agreement, the father moved to Wisconsin with the children in August 2023, leading the mother to seek sole physical custody. The trial court awarded temporary custody to the mother in February 2024. The father subsequently petitioned for a writ of mandamus, claiming the trial court lacked jurisdiction to alter the custody arrangement from the original divorce judgment.
On appeal, the Alabama Court of Civil Appeals reviewed the trial court’s jurisdiction under Rule 60(b) of the Alabama Rules of Civil Procedure. This rule allows relief from judgments obtained by fraud. The Court explained that, although the mother was not explicitly seeking Rule 60(b) relief in her petition, her allegations suggested fraud by the father, making the rule relevant. The allegations were supported by the father’s own admission that he had misled the mother about his intentions, leading her to believe that he intended to stay in Alabama when he truly intended to move to Wisconsin. Ultimately, the Court found sufficient basis to deny the father’s mandamus petition, affirming the trial court’s custody and support modifications. The Court noted that the mother’s petition could be treated as an independent action for fraud, allowing three years for the mother to file.
Ex parte Gage Bruce Roberts illustrates the ways in which fraud can impact jurisdiction, as well as divorce judgments themselves. The presence of fraud expands the duration of the court’s jurisdiction over the judgment, allowing three years for courts to reassess. Fraudulent judgments can be overturned and replaced with judgments that reflect the true circumstances and agreements between parties.
If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case, contact Joe Ingram or Ingram Law LLC at 205-335-2640. Get Relief Get Results.