Mizrachi v. Mizrachi

The district court entered a divorce decree granting Diane Mizrachi and Eli Mizrachi joint legal and physical custody of their minor child. The decree provided that Eli would have the child for the “Jewish holidays” every year. Diane subsequently filed a motion to clarify the decree as to the holiday parenting time schedule. After a hearing, the district court concluded that there was not a clear understanding between the parties at the time of an agreement regarding holiday parenting time and then granted Diane’s request to clarify the meaning of the term the "Jewish holidays” as used in the divorce decree. Eli appealed, arguing that, by interpreting the term “Jewish holidays” in the manner that it did, the district court in essence modified the divorce decree without considering whether the modification was in the child’s best interest. The Supreme Court reversed, holding (1) the district court clarified, rather than modified, the parties’ divorce decree; and (2) while it was proper for the court to clarify the decree, the court did not apply the proper procedure in doing so. Remanded. View "Mizrachi v. Mizrachi" on Justia Law