In re Marriage of Brockington

The marriage of Darin and Deborah Brockington was dissolved in 2007. In 2008, an order establishing parenting plan was entered providing that the parties’ child would reside primarily with Deborah and that Darin would have parenting time both in Montana and his place of residence. In 2014, Deborah filed a motion to amend the 2008 parenting plan based on the child’s desire to stay in Montana over the summers. The district court amended the parenting plan and ordered that Darin was to have parenting time in Virginia, his place of residence, with the child during the month of July for the next three years. When the child did not travel to Virginia, Darin filed a motion for show cause and for contempt against Deborah. The court held Deborah in contempt and assessed costs and attorney’s fees for the contempt proceedings against her. The Supreme Court (1) affirmed the district court’s order amending the parenting plan, holding that the court did not abuse its discretion in determining that the amended parenting plan was in the child’s best interests; and (2) dismissed, without prejudice, Deborah’s appeal of the contempt order, holding that the order was not a final judgment because it lacked the court’s decision regarding the amount of attorney’s fees and costs. View "In re Marriage of Brockington" on Justia Law