Moore v. Moore

District of Columbia Court of Appeals · 1978 · Civil Procedure

391 A.2d 762 (D.C. 1978)

Updated July 29, 2026

Civil ProcedureAmendments to pleadingsImplied consentDomestic relations procedureRule 15(b)Rule 54(c)amendment to conform to the evidencenotice

Facts

The father filed a complaint for custody after the parties separated and disputed physical possession of their young daughter. At trial, the mother had not filed a counterclaim for affirmative relief, but the evidence addressed the parents' relative fitness for custody, the child's needs, and some financial matters, including the mother's resort to public assistance and the father's annual gross income of $44,000. After orally awarding custody to the mother, child support, and conditioned visitation with a $7,500 bond, the trial court permitted the mother to amend her pleadings post-trial to add counterclaims for custody, child support, separate maintenance, and attorneys' fees. The court then entered a written order awarding custody, $500 per month child support, $500 per month separate maintenance, $5,916.65 in counsel fees, and visitation conditioned on the bond.

Issue

May a trial court, under Rule 15(b), permit post-trial amendment of pleadings in a custody action to add claims for custody, child support, visitation-related bond, attorneys' fees, and separate maintenance when those matters were not pleaded before trial? If some amendments were proper, were the resulting support, fee, and bond awards adequately supported by findings and the evidentiary record?

Rule

Under Super. Ct. Dom. Rel. R. 15(b), identical to Federal Rule 15(b), pleadings may be amended even after judgment to add claims, defenses, or counterclaims only as to matters expressly or impliedly tried by consent of the parties. Implied consent is determined from the trial record by whether the opposing party had actual notice that the unpleaded issue had entered the case, an adequate opportunity to litigate it, and no prejudicial surprise; the clearest signs are failure to object to evidence or introduction of evidence clearly relevant to the new issue but not to pleaded issues. Even where a matter is a proper subject for relief under Rules 15(b) and 54(c), awards such as child support, attorneys' fees, and visitation bond amounts require sufficiently detailed findings regarding the child's needs and a reasonable approximation of the parents' respective net incomes and financial abilities.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In a custody action filed in Washington, D.C., Aaron Pike asked the court to award him sole custody of his son. Lena Ortiz's answer denied Aaron's allegations and stated that the child's best interests required placement with her, and both sides presented extensive testimony about each parent's caregiving, stability, and parenting judgment.

After trial, Lena moves to amend her pleadings under Rule 15(b) to add a counterclaim for custody, and the judge awards custody to her. Which is the strongest basis for affirming the amendment?

Explanation. Rule 15(b) permits post-trial amendment for issues tried by express or implied consent. Implied consent exists when the opposing party had actual notice, an adequate opportunity to litigate, and no prejudicial surprise. Here, Lena's answer and the parties' evidence on parental fitness made clear that the real issue was who should have custody, so the amendment is proper.