Davis v. MoatsAnnotate this Case
The Supreme Court vacated the judgment of the district court ordering Mother to allow grandparent visitation and finding Mother in contempt when she refused, holding that the district court lacked subject matter jurisdiction.
Grandmother petitioned the district court requesting visitation with Child. The district court granted the request for grandparent visitation. The court later found Mother to be in contempt of court and ordered her to allow visitation between Grandparent and Child. Mother filed a motion to vacate and strike the visitation order, arguing that the court lacked subject matter jurisdiction. The court overruled the motion. The Supreme Court vacated the judgment, holding (1) because the biological father was an indispensable party to the action but was not included in the proceedings the district court lacked subject matter jurisdiction to enter the order granting grandparent visitation; and (2) because the order granting grandparent visitation was void, the order finding Mother in contempt of the order was also void.