Marriage of Lloyd
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Davie Lin Lloyd (Davie) appealed a Parenting Plan Order entered by the district court. Davie and Brett Camaron Lloyd (Brett) were married in 1997, and are the parents of one minor child, M.K.L. In 2004, the district court issued a decree of dissolution and parenting plan, which awarded Davie residential custody and included an attorney’s fees provision. After the dissolution, Davie moved with M.K.L. from Texas to Oklahoma to Kentucky, and finally, to Florida. In the summer of 2009, the parties’ communication disintegrated when they disagreed over Brett’s summer visitation and as a result, M.K.L. never visited Brett that summer. Due to this communication breakdown, Brett initiated legal proceedings in Montana to enforce the parenting plan. The district court held a hearing on the parenting issues in 2011 and issued its order. The Order gave Brett residential custody of M.K.L., and included a provision requiring that for each vacation M.K.L. would be transferred to the parent with visitation rights on the evening of the last day of school before the break and would remain with that parent until the evening before school would resume. Brett filed a request that the District Court enforce the attorney’s fees provision in the 2004 Parenting Plan and award Brett his attorney’s fees. The District Court approved that request on August 16, 2011, and on August 24, 2011, Davie filed an M. R. Civ. P. 60(b) motion for relief from the judgment awarding attorney’s fees. Counsel for Brett submitted an affidavit containing a statement of attorney’s fees on August 29, 2011, to which Davie did not object. On September 21, 2011, the District Court denied Davie’s motion and approved the amount of the fees. Finding no abuse of discretion in the district court's decision to award attorney's fees, the Supreme Court affirmed.
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