55 results for 'cat:"Contempt" AND cat:"Family Law"'.
J. Jenkins finds that the trial court properly found an ex-husband in contempt for not following the parties’ community property settlement agreement and did not err in awarding the ex-wife $39,000 from the husband’s retirement account, per the parties’ community property settlement. In this case, the man was aware he was required to leave $198,000 in the account as the amount due to his former wife. Therefore, his withdrawals were in violation of the settlement agreement and constitute contempt of court. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: May 7, 2024, Case #: 2023-CA-0566, Categories: contempt, family Law, Contract
J. Riley finds that the trial court properly held defendant in contempt and ordered her to serve 90 days in jail for lying three times in court about the existence and death of a child who did not exist, as the lies made it impossible for child services to determine if the child was real. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: April 24, 2024, Case #: 23A-JM-2671, Categories: contempt, family Law
J. Wolfe finds that the trial court properly held the father in contempt, modified the custody judgment, and named the Philippines-based mother the domiciliary parent of the children. The record shows that the father has "done everything possible to prevent" the minor child from traveling to the Philippines despite the court's order. Also, the relevant factors were properly considered in finding that relocation of the child was in their best interest. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: April 19, 2024, Case #: 2023CU0945, Categories: contempt, Evidence, family Law
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J. Lynch found that the lower court improperly held the department of children, youth, and families in contempt of an order to place a child. Despite the department's reasonable efforts, an appropriate level of care was not available either in- or out-of-state due to availability and staffing shortages caused by the Covid-19 pandemic, in addition to the mother's noncompliance with the child's insulin regimen.
Court: Rhode Island Supreme Court, Judge: Lynch, Filed On: April 15, 2024, Case #: 22-75, Categories: contempt, family Law
J. Lynch finds that the lower court improperly rejected the inability defense forwarded by the department of children, youth, and families concerning its failure to place a child. Despite the department's reasonable efforts, facility staffing concerns, low discharge rates, and an increase in mental health issues among adolescents during the Covid-19 pandemic created a “perfect storm” for reduced capacity at all appropriate facilities.
Court: Rhode Island Supreme Court, Judge: Lynch, Filed On: April 15, 2024, Case #: 22-59, Categories: contempt, family Law
J. Jensen finds that the district court properly denied a husband's motion to compel discovery and finds a wife in contempt in divorce proceedings. However, the matter is remanded for findings on the best interest factors concerning the parties' children and reconsideration of the appropriate remedy in light of the court’s findings on those factors. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: April 4, 2024, Case #: 2024ND62, Categories: contempt, family Law
J. Suttell finds that the trial court properly denied a wife relief from judgment and declined to adjudge the husband in contempt, and properly denied her amended motion seeking relief, because the wife was not entitled to survivor benefits in the husband’s federal civilian pension under the marital settlement agreement. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: March 12, 2024, Case #: 22-228, Categories: contempt, family Law, Settlements
J. Colvin finds that the trial court properly denied a mother's motions for attorney fees and a contempt citation against the grandparents. The trial court granted the mother's petition to set aside and revoke a final consent order granting grandparent visitation rights. There was no evidence presented to support a contempt finding. The mother's challenge to the constitutionality of the grandparent visitation statute is moot. Affirmed in part.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: March 5, 2024, Case #: S24A0004, Categories: contempt, family Law, Attorney Fees
J. Epley finds the lower court properly denied the father's motion to hold the mother in contempt. Although there were at least 16 days of missed parenting time, these days occurred after the child started kindergarten, which was noted as the expiration of the father's parenting time in the parties' shared parenting agreement. Additionally, the father's failure to answer several FaceTime calls was the only reason he missed the court-ordered communications, and because the majority of the child's absences from school were excused, there was no change in circumstances that warranted an alteration of the parenting agreement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: March 1, 2024, Case #: 2024-Ohio-755, Categories: contempt, Evidence, family Law
J. Eklund finds the lower court properly granted the husband's motion to find the wife in contempt. Her failure to timely enroll the child into a treatment program for various mental health issues was a direct violation of the parties' shared parenting agreement and she provided no evidence to the court as to why a delay was necessary. However, even though the mother testified the child was drunk when she picked her up from a social gathering, the lower court erroneously found she allowed the child to engage in underage drinking. There was no evidence to indicate the child drank any alcohol with the mother. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: February 12, 2024, Case #: 2024-Ohio-513, Categories: contempt, Evidence, family Law
J. Moll finds that the lower court erred when it held the husband in contempt of certain child support orders because his actions, taken in October 2019, could not be used to prove a violation of the orders, which did not take effect until November 2019 after he was served with the documents. However, he was properly held in contempt for the purchase of a car because such a purchase was not a "customary and usual expense," considering the husband owned another vehicle at the time of the divorce. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: February 8, 2024, Case #: AC45824, Categories: contempt, family Law
J. Abramson finds the circuit court properly denied the mother's petition to terminate paternal grandparent visitation with her child. The mother began denying visitation after a year of regular, significant visitation with the grandparents due to their daughter's having criminal drug charges. All evidence supports the court's order for visitation, and its finding the mother to be in contempt for failing to facilitate the visitation. The mother knew two court orders conflicted yet did not inform either court. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 7, 2024, Case #: CV-22-730, Categories: contempt, family Law, Guardianship
J. Harrison finds the circuit court properly modified the father's custodial time with his children and found him in contempt for failing to pay alimony and child support. The father has been working out of state, which constitutes a material change in circumstances since the entry of the divorce decree. The order of contempt is not final and appealable, as it allows the father to purge the order by paying alimony and child support arrearages. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: February 7, 2024, Case #: CV-22-495, Categories: contempt, family Law, Guardianship
J. Kamins finds the trial court erred in awarding costs and disbursements to the mother because she was not the prevailing party in a contempt action accusing the father of failing to pay for certain child-related expenses. “Because the trial court opted to dismiss the action without entering a contempt finding… plaintiff was not the prevailing party” and is unable to recover her costs. Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: January 4, 2024, Case #: A180820, Categories: contempt, family Law
J. Ortega finds the trial court properly held defendant in contempt of court, ORS 33.015, for violating a restraining order issued under the Family Abuse Protection Act after finding that he had the requisite mental state for contempt. The court “applied the correct legal standard and therefore did not err in finding defendant in contempt on that basis.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: December 28, 2023, Case #: A176499, Categories: contempt, family Law
J. Windhorst finds that the trial court properly found a husband in contempt of the parties' consent judgment of final partition of joint assets and liabilities. In this case, the consent judgment was not modified because any modification needed to be in writing or transcribed for the record. Further, the trial court properly determined that the husband owed $209,000 on the credit line borrowing portion of the mortgage indebtedness based on bank statements and the testimony, including the husband confirming that he owed the amount. Under the unambiguous terms of the valid and enforceable consent judgment, the husband was obligated to pay the credit line borrowing portion of the mortgage indebtedness. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: December 6, 2023, Case #: 23-CA-80, Categories: contempt, Evidence, family Law
J. Jay finds the husband's petition for certiorari review of a contempt finding against him in his and the wife's divorce proceeding must be dismissed. There is no irreparable harm to the husband in the trial court's contempt finding, which was related to the husband canceling a credit card shared by him and the wife in connection with a business they co-own. The husband's petition additionally fails because it focuses on harm to the business, not the husband, and the business is not a party to the divorce proceeding, meaning there is no jurisdiction to decide his petition.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: December 1, 2023, Case #: 23-2257, Categories: contempt, family Law
Per curiam, the court of civil appeals finds that the lower court improperly modified the father's visitation schedule with the children. The lower court exceeded its discretion in awarding the father graduated visitation "based entirely on speculation as to future circumstances." Instead, the schedule should be based on current circumstances. The rest of the judgment is due to be affirmed, however, including the finding of contempt against the mother. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: December 1, 2023, Case #: CL-2022-1025, Categories: Civil Procedure, contempt, family Law
J. Stiles finds that the trial court should not have adopted the hearing officer's recommendation to find the ex-husband in contempt for not paying child support. A hearing should have been held regarding the ex-husband's objection to the hearing officer's report. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: November 2, 2023, Case #: CA-23-47, Categories: contempt, family Law
J. McClendon finds that the trial court partly erred in finding the mother in contempt in a family law case. For instance, the circumstances do not support the findings as to the mother's alleged refusal to share medical information about the child's therapy. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: October 31, 2023, Case #: 2022CA1326, Categories: contempt, family Law
J. Moylan finds a lower court properly imposed committal for contempt orders on a Somalian native. The Somalian native argued that he is entitled to take his children away from his wife, who planned to take them to England to avoid abuse. However, he has the opportunity to engage with the court to purge a contempt order and to explain how the children can be brought back to the U.K. peacefully. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Moylan, Filed On: October 20, 2023, Case #: CA-2023-1221, Categories: contempt, family Law, Immigration
J. McClarty finds the lower court properly found a mother in criminal contempt. The minor children were found to be of an age to decide which parent they preferred to live with and they selected their father. The mother was ordered to not speak to the children further about the living arrangement, but continued to speak about the living arrangement when she was with the children, and communicated with them about it during the father’s parenting time. Because her communications violated the court order, she was properly found to be in contempt. Affirmed.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: October 20, 2023, Case #: M2022-01100-COA-R3-JV, Categories: contempt, family Law