Judicial Estoppel-Failure to Raise an Issue

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WI Court of Appeals – District III

Case Name: Aaron Michael Smits v. Kerri Lynn Pineda

Case No.: 2024AP001188

Officials: Stark, P.J., Hruz, and Gill, JJ.

Focus: Judicial Estoppel-Failure to Raise an Issue

Smits and Pineda divorced. Afterwards, Smits had primary placement of one child, but later emailed Pineda stating he could no longer provide a safe home and asked her to take custody. Pineda then moved for sole legal custody and placement. Although properly notified of the hearing, Smits did not appear and informed court staff he did not object. The circuit court granted Pineda’s motion.

On appeal, Smits raised numerous procedural and substantive challenges, including lack of proper notice, failure to follow custody-modification requirements, and errors related to relocation and hearings. The Court of Appeals found that Smits forfeited his claims by failing to raise them in the circuit court and by expressly indicating he did not oppose the requested relief.

The court also applied judicial estoppel, concluding Smits could not take a position on appeal inconsistent with his earlier stance. He had asked Pineda to take custody and did not object to her motion, and the circuit court relied on those representations in granting relief.

Affirmed.

Decided 04/14/26

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