Federal Appeal Brief Filed in the Eighth Circuit — Where Every Case Now Stands and What Comes Next
- Ryan Alvar
- Jan 25
- 6 min read
Over the past several months, my legal fight has expanded across state trial courts, the Minnesota Court of Appeals, the U.S. District Court, and now the United States Court of Appeals for the Eighth Circuit.
Because the number of cases — and the misinformation surrounding them — can be overwhelming, I want to start with a clear, plain-English status update, then explain what was just filed in federal court, why it matters, and what happens next.
📌 Current Status of All Active Cases
1. Order for Protection (OFP) Case — 69DU-FA-24-464
This is the very first case in which the court removed my children from an emergency Order for Protection and found the child abuse allegations unsubstantiated. The court nonetheless left the Order for Protection in place between the adults.
Filed July 10, 2024.
Final order removing the children October 23, 2024 as I was found to be a fit parent.
On December 5, 2025, the district court denied my motion to vacate. The motion was filed within the one-year period permitted for claims based on fraud on the court and newly discovered evidence.
I have now filed a formal appeal with the Minnesota Court of Appeals.
Minnesota Appellate Case No.: A26-0071
Briefing schedules are pending.
👉 This appeal seeks to correct the foundational error that allowed everything that followed to unfold, even though it should not have controlled custody or temporary parenting determinations.
See blog post: ⭐ Lawsuit #7: Why It Took This Long — and Why the Order for Protection That Started Everything Must Be Overturned
2. Custody Case — 69DU-FA-24-551
Filed August 16, 2024.
Trial was originally scheduled for January 7–8, 2026
The court continued trial to June 8, 9, and 10, 2026
As of today:
No final custody order
No temporary custody determination
No enforceable parenting-time relief
By June 2026, my children will have been separated from a fit parent for two years without adjudication
3. Alleged OFP Violation (Criminal) — 69DU-CR-24-3274
This case was dismissed in the interest of justice
The allegations were determined to be false
I won this case outright
See Blog Post: Hell Yeah — The Charges Are Gone
4. Federal Civil Rights Case — 25-cv-2792 (KMM/LIB)
Filed in U.S. District Court (District of Minnesota)
Names state actors, judges, GAL, agencies, and attorneys
The court:
Sealed the Guardian ad Litem report
Invoked Younger abstention
Stayed the case until custody proceedings end
That stay and sealing order are now on appeal
5. Minnesota Appeal Writ Petition — A25-2025
I sought reassignment and venue change because I am suing the custody judge and multiple judges in federal court
This was a structural request only, not a custody appeal
The writ was denied
This confirmed that no state mechanism exists for injunctive relief during custody litigation
See Blog Post: ⭐ LAWSUIT #5 — My First Minnesota Court of Appeals Filing
6. Federal Appeal — Eighth Circuit Court of Appeals — No. 25-3447
This is the case at issue in this post
It challenges:
The stay of my federal civil rights case
The sealing of the Guardian ad Litem report
The appeal was accepted, docketed, and is now fully briefed on my side
📄 What Was Just Filed in the Eighth Circuit
On January 17, 2026, I submitted my Appellant’s Brief and Addendum.
The brief was formally filed by the court on January 21, 2026.
📌 Eighth Circuit Appeal No. 25-3447
📌 41-page brief + 35-page addendum
📌 7,151 words
You can read the filings here:
Appellant’s Brief
Addendum
⚖️ What This Federal Appeal Is About — In Plain Terms
This appeal asks a very narrow but important question:
Can a federal court refuse to act while children are being harmed simply because a state custody case is still pending — even when no state court can provide timely protection?
More specifically, the appeal challenges four things:
1. Failure to Rule on Emergency TROs
(Temporary Restraining Orders) Against the State of Minnesota
I filed two emergency TROs in federal court:
One to prevent incarceration and suppression of speech due to publishing the guardian ad litem report on this website
One to halt child-support enforcement under a non-final order
Neither was ruled on before harm occurred. As I was taken into custody and incarcerated for two days until I complied and removed the report to prevent a 90 day sentence.
2. Improper Use of Younger Abstention
Younger abstention is not supposed to apply when:
State enforcement itself causes constitutional harm
No timely state remedy exists
Delay inflicts irreparable injury on children
That is exactly what happened here.
3. Sealing of a Government-Created Guardian ad Litem Report
The Guardian ad Litem report:
Was created by the government
Documented child trauma and State inaction
Was sealed without a protective order
Was sealed without statutory findings
Was sealed as a gag order
This appeal challenges that sealing as unconstitutional.
4. Staying a §1983 Case That Is Meant to Prevent Ongoing Harm
Section 1983 exists for real-time protection, not post-mortem review.
Children cannot file federal lawsuits.
When a parent is blocked, children lose their only access to protection.
⏭️ What Happens Next
According to the Eighth Circuit scheduling order:
My brief — filed ✔️
Appellees’ brief — due 30 days after filing notice→ Due February 20, 2026
This appeal will be defended by multiple government and institutional defendants, with the Minnesota Attorney General’s Office representing a significant portion of them.
My reply brief — due 21 days after service
Oral argument will be determined after briefing.
The Eighth Circuit may:
Decide the case on the briefs
Order oral argument
Reverse and remand with instructions
Or issue a precedential ruling clarifying federal protections for children during custody litigation
Why This Matters Beyond My Case
This appeal is not about winning custody through federal court.
It is about answering a fundamental question:
If no state court can stop ongoing harm to children during custody litigation, does the federal court have to act — or can it simply look away?
That question affects every family-court case in this country.
I will continue to keep this page updated as filings come in.
🔁 Join the Fight for Reform
I have filed a federal civil rights lawsuit challenging systemic misconduct by judges, attorneys, and state agencies that has stripped parents of their rights and traumatized countless children.
With 27 defendants, including the State of Minnesota, this case seeks accountability — and reform.
Join me in taking this mission national.
How You Can Help:
✅ Sign the Petition: Urge DOJ to investigate family-court violations
✅ Subscribe: Stay updated — Contact
✅ Visit: www.ryanalvar.com
✅ Support the Fight: GoFundMe – Help Cover Legal Costs & Reform Efforts
✅ Follow & Share: Real Dad Initiative
✅ Contact Your Legislators: Demand oversight for Judges, GALs and transparency in family court.
Family-court reform won’t happen unless lawmakers hear directly from the people.
If what you’ve read here troubles you, don’t stop at signing the petition—call and email your state legislators. Tell them that what has happened in this case—and in so many others—proves we need oversight for judges and guardians ad litem, uniform due-process protections, and full transparency in family courts.
📬 Not sure who represents you?
💬 Not sure what to say?
I made it easy.
👉 Start here: 🔗 Legislation
Across the country, I’ve heard from parents who’ve lost everything—many haven’t seen their children in years. When the system designed to protect families becomes the weapon that destroys them, it’s time for change. We must fix this broken family court system. Until that day, I’ll keep fighting—for our children, for truth, and for justice.
"572 days since my children were kidnapped. This isn't over."
Ryan William Alvar
Parent and Plaintiff
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