Tuesday, 18 February, 2020

Man asks judge's leave for sword battle with ex-wife, lawyer

Martial art sword combat silhouettes Kansas Man Requests ‘Trial by Combat’ in Iowa Court to Settle Custody Dispute 766 Getty ImagesKatherine Rodriguez13 Jan 2020
Deanna Wagner | 16 January, 2020, 14:28

In a weird story, a man has filed paperwork with an Iowa court requesting a "trial by combat" to settle a heated custody dispute with his ex-wife.

The Des Moines Register reported that a Kansas man has requested an unusual method of mediation in a divorce dispute-he wants to be allowed to challenge his wife to a trial by combat.

He went on to write, "The Petitioner requests 12 weeks lead time before Trial By Combat date so he may have 1 Katana and 1 Wakizashi sources or forged for use".

He told Judge Craig Dreismeier: "To this day, trial by combat has never been explicitly banned or restricted as a right in these United States".

According to Ostrom himself, his requested motion stems from his frustrations with his ex-wife's attorney, Matthew J. Hudson.

Ostrom even suggested to his ex-wife to choose Hudson as her "champion".

Ostrom reportedly got the idea from a case in 2016 in which New York Supreme Court Justice Philip Minardo acknowledged that such duels had not officially been abolished.

The couple have been engaged in a dispute over custody and visitation issues, as well as property tax issues.

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In response to Ostrom's trial by combat motion, Hudson filed a resistance that also corrected Ostrom's spelling.

"Although the respondent and potential combatant do have souls to be rended, they respectfully request that the court not order this done", Hudson wrote, according to the reports.

Ostrom admitted to misspelling 'corporeal, ' but denied any mental health issues and pointed out that a duel need not end in death - one party could "cry craven" and yield to the other.

Bridgette Ostrom's lawyer argued while Iowa state and United States constitutions do not prohibit sword battles, "it does prohibit a court sitting in equity from ordering same".

The man said sword fights were used "as recently as 1818 in British Court" to settle disputes.

Mr Ostrom has also admitted that he has no experience in sword fighting, which is a unusual admission when you're literally requesting just that.

"I've kind of run out of options and no one pays attention to what I think is hardship on myself and my children", Ostrom said.

The judge ruled Monday, Jan. 13 that he wouldn't take any action in the case because proper procedural steps had not been taken.