Mom Not Guilty of Contempt Because She Relied on Reports of Abuse In Tennessee Custody Case
Tennessee law case summary on jurisdiction and contempt in family law from the Court of Appeals.
Mark Miller v. Annie Miller – Tennessee jurisdiction, contempt and visitation
The mother and father in this Davidson County, Tennessee, divorce case were divorced in 2011, at which time they agreed to a permanent parenting plan for their two children, which was approved by the court. Under that plan, the mother was named the primary residential parent and awarded 250 days per year of parenting time. The father was awarded 115 days.
In 2012, the mother sought permission to move to Appleton, Wisconsin. The parties agreed to the move, and under the new parenting plan, the mother was awarded 274 days of parenting time, with the father receiving 91 days.
They agreed to various holidays and vacation times. The father was to have spring break, with the mother transporting the children to Nashville on the first full day the children were out of school, and picking them up the day before school started.
During the summer, the mother was to deliver the children to Nashville two days after school was out for the summer, with the father returning them sixteen days before school starts. The mother was awarded two weekends during the summer.
Despite this agreement, the mother failed to bring the children to Nashville during the 2013 spring break. This was based upon a report made to Winnebago County that the father had sexually abused and neglected the children. The county had recommended that the visitation be suspended until the investigation was over.
No action was taken by the county, but a report expressed concerns that the children had been neglected and were inappropriately touched. The mother eventually got a restraining order in Wisconsin.
The father then filed for contempt in the Tennessee divorce case, alleging the failure to follow the visitation schedule in the spring and summer of 2013. The mother moved to dismiss, pointing to the Wisconsin protective order.
The Winnebago County social worker testified as the wife’s witness. She testified that the children had expressed fears about being with the father.
Her Wisconsin attorney also testified by phone.
After hearing all of the evidence, the trial court found the mother in contempt and sentenced her to seven days in jail, staying execution of all but two days. She then appealed to the Tennessee Court of Appeals.
The appeals court first held that the lower court did have jurisdiction to hear the case, despite the case in Wisconsin. Even though the case was pending in Wisconsin, the Tennessee court still retained jurisdiction to hear the contempt petition under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
The appeals court then turned to the issue of whether the mother should have been found guilty of contempt. It noted that a violation must be “willful” in order to support a finding of guilt.
In this case, the appeals court noted that the mother had received a letter from the county recommending that the father’s visitation be suspended. It also noted that the mother was relying on the Wisconsin orders, and this reliance showed that she did not have a bad purpose.
For these reasons, the appeals court reversed the finding of contempt.
No. M2014-00281-COA-R3-CV (Tenn. Ct. App. Jan. 7, 2015).
See original opinion for exact language. Legal citations omitted.
To learn more, see Tennessee Child Custody Law. See also Miles Mason’s book available on Amazon.com Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family featuring examples of parenting plans and child support worksheets from real cases.
