# Hicks v. Cook

> Court of Appeals of Arkansas · November 19, 2008 · 103 Ark. App. 207

URL: https://www.frixlaw.com/law-library/cases/9661832

## Case

- **Full name:** Andrea HICKS v. Joshua A. COOK
- **Court:** Court of Appeals of Arkansas
- **Decided:** November 19, 2008
- **Citations:** 103 Ark. App. 207; 288 S.W.3d 244; 2008 Ark. App. LEXIS 905
- **Precedential status:** Published
- **Opinion:** Dissent by Heffley
- **Judges:** Robert J. Gladwin
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9661832

## Opinion text

Sarah J. Heffley, Judge, dissenting. I dissent. The trial court in this case impermissibly considered appellant’s alleged interest in Wicca, which taints the outcome of its decision to change custody. The trial court’s mention of Wicca cannot be dismissed as a simple credibility determination. It is clear from the trial judge’s comments that he was concerned that appellant was more involved than she would admit. Obviously, the judge held her interest in Wicca against her.
In the absence of the Wicca consideration, we are left with a child who is moved from his home since birth, based on one occasion on which he had dirty fingernails (not unusual in a toddler), a common diaper rash (not unusual in a toddler), a messy car seat (not unusual with a toddler), earwax (not unusual in a toddler), and an alleged dog bite, which does not necessarily arise from neglect. The child was removed from a home, which the record reflects was otherwise appropriate in every way. In making its determination, the trial court also made a medical diagnosis without the benefit of expert testimony or reports of any type. Far be it for someone to stop taking medication that one does not need. I would reverse and remand for consideration without reference or regard to Wicca or an inappropriate medical diagnosis.
SUPPLEMENTAL OPINION ON DENIAL OF REHEARING NOVEMBER 19,2008.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9661832. Public record. Not legal advice.