The opinion
Cite as 2019 Ark. App. 422
Digitally signed by Elizabeth ARKANSAS COURT OF APPEALS
Perry
Date: 2022.07.26 10:42:52 DIVISION I
-05'00' No. CV-19-273
Adobe Acrobat version:
2022.001.20169
Opinion Delivered: September 25, 2019
MELISSA BRAY (NOW BARNES)
APPELLANT APPEAL FROM THE SALINE
COUNTY CIRCUIT COURT
V. [NO. 63DR-14-167]
DEVIN BRAY HONORABLE BARBARA WEBB,
JUDGE
APPELLEE
REMANDED TO SETTLE AND
SUPPLEMENT THE RECORD;
SUPPLEMENTAL ADDENDUM
ORDERED
WAYMOND M. BROWN, Judge
Appellant Melissa Bray (now Barnes) appeals the Saline County Circuit Court’s
November 30, 2018 order modifying her visitation with her son, R.B. The court found
that there had been a material change in circumstances to warrant the change in appellant’s
visitation schedule and that the modification was in the child’s best interest. Appellant argues
that the court erred by not granting her custody of R.B. and that the modification was in
error. We remand this case to settle and supplement the record. We also order appellant
to supplement her addendum.
The parties were married on April 2, 2011. During their marriage, one child, R.B.,
was born. The parties were divorced by a decree entered on May 1, 2013. According to
the decree, the parties were to have joint custody of R.B., with appellee serving as the
primary custodian. Appellant was granted weekend custody of R.B., from Friday to
Monday morning of each week. Appellant filed a verified motion to change custody on
May 16, 2018, alleging that there was a substantial change in circumstances. According to
the motion, appellee was the custodial parent “as of the [o]rder filed October 17, 2017
subject to [appellant’s] physical custody three weekends per month.” Although appellant
states that such an order exists, it is not in the record. Additionally, appellant’s statement of
the case mentions several motions for change of custody as well as court orders addressing
those motions; however, they are also not contained in the record before us. If anything
material to either party is omitted from the record, by error or by accident, we may direct
that the omission or misstatement be corrected and, if necessary, that a supplemental record
be certified and transmitted. 1 Therefore, we remand to the trial court to settle and
supplement the record with all motions for change in custody, responses, and subsequent
court orders addressing the motions filed by either party following their divorce.
Arkansas Supreme Court Rule 4-2(a)(8) requires the addendum to include true and
legible copies of the nontranscript items on appeal that are essential for the appellate court
to confirm its jurisdiction, to understand the case, and to decide the issues on appeal. Here,
appellee filed a response to appellant’s change-of-custody motion on June 15, 2018;
however, it is not in the addendum. It will need to be placed in the supplemental
addendum. Also, once the record is settled and supplemented, those items will need to be
1
Ark. R. App. P.–Civ. 6(e) (2018); Jenkins v. APS Ins., LLC, 2012 Ark. App. 368,
at 6.
2
placed in the addendum as they are essential for us to decide the issues on appeal and to
confirm our jurisdiction.
We remand to the trial court to settle and supplement the record within thirty days.
We order appellant to file a supplemental addendum within seven days from the date the
supplemental record is filed. 2
Remanded to settle and supplement the record; supplemental addendum ordered.
KLAPPENBACH and HIXSON, JJ., agree.
Kristin Riggan, for appellant.
Everett O. Martindale, for appellee.
2
See Taper v. City of Forrest City, 2017 Ark. App. 470.
3