Martin v. MartinAnnotate this Case
Mother and Father divorced in 2002. The parties share legal custody of their two minor children, and Mother has physical custody. Pursuant to a 2011 parenting plan, Father was to have rights of visitation. In 2015, Father filed a motion for an order for Mother to show cause why she should not be held in contempt for her alleged failure to allow Father to exercise parenting time on certain days. After a hearing, the district court found Mother in contempt of court for willful failure to comply with the district court’s order with regard to parenting time. The Supreme Court affirmed, holding that the district court (1) did not commit clear error in its factual findings; (2) did not abuse its discretion in finding Mother in contempt and in imposing a sixty-day jail sentence; and (3) did not abuse its discretion in modifying the parenting plan within the contempt proceeding to require the parties to obtain written consent of the guardian ad litem before changing the parenting schedule.