Earls v. Earls

77 S.W.3d 741, 2002 Mo. App. LEXIS 1413, 2002 WL 1369815
CourtMissouri Court of Appeals
DecidedJune 26, 2002
DocketNo. 24579
StatusPublished
Cited by2 cases

This text of 77 S.W.3d 741 (Earls v. Earls) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Earls v. Earls, 77 S.W.3d 741, 2002 Mo. App. LEXIS 1413, 2002 WL 1369815 (Mo. Ct. App. 2002).

Opinion

PHILLIP R. GARRISON, Presiding Judge.

This is an appeal from a judgment dismissing an application filed by James David Earls (“Father”) to hold Beverly Lea Earls (“Mother”) in contempt of court for enrolling their son, J.C.E. (“J.C.E.”), in the Marshfield, Missouri public schools without Father’s consent.

The decree dissolving the marriage of Father and Mother, entered in 1997, provided that the parties would have joint legal custody of J.C.E., with Mother to have primary physical custody subject to Father’s specified visitation privileges. When that decree was entered, J.C.E. was then seven years old and attending school in Fair Grove, Missouri. Three years later, Father received a letter from Mother informing him that she had enrolled J.C.E. in the public schools of Marshfield, Missouri even though both Mother and Father continued to live in the Fair Grove School District.

Father filed an application for an order to show cause why Mother should not be held in contempt of court on January 30, 2001 (“First Application”). At the hearing on that application, Father testified that prior to receiving the letter from Mother, he had had no communication with her concerning changing school districts and had not consented to that change. Mother, however, testified that she had discussed the matter with Father before changing school districts, but that he said that he did not want it changed. She said that she attempted to talk with him on two other occasions, but Father would not discuss it with her. Mother, who teaches in the Marshfield school system explained her reasons for changing J.C.E.’s school district: he would have a better opportunity in the Marshfield district because it was a larger district and “a larger conference”; because she teaches in the Marshfield dis[743]*743trict, her and J.C.E.’s school schedules would be compatible; J.C.E.’s sister would be enrolled in Marshfield’s preschool program; J.C.E. could go to school with Mother; Mother’s classroom is three doors down from J.C.E.’s; she was able to select his teacher at Marshfield; and she could attend his music and art classes with him. The trial court entered a judgment on the First Application finding that Mother had failed to abide by the provisions of the dissolution decree by unilaterally making a decision to change J.C.E.’s school district, but that such action did not constitute contempt of the trial court’s custody order. Neither side appealed that decision.

In August 2001, Father’s attorney wrote Mother’s attorney saying that in the judgment entered on the First Application, the trial court concluded that Mother’s action in enrolling J.C.E. in the Marshfield School District was in violation of the dissolution decree, and that if she enrolled him in the Marshfield School District for the upcoming school year, Father would consider that a knowing and willful violation of the dissolution decree.

Mother did enroll J.C.E. in the Marsh-field School District for the 2001-2002 school year, and Father filed another application for an order to show cause why Mother should not be held in contempt (“Second Application”). When the Second Application was heard in October 2001, Father testified that he had not consented to J.C.E. being enrolled in the Marshfield School District. There was also evidence, however, that in May 2001 the parties, with them respective attorneys and a court appointed guardian ad litem,1 met concerning where J.C.E. should attend school, but were unable to agree on the subject.

Mother moved for a dismissal of the Second Application at the close of Father’s case. In sustaining the motion to dismiss, the trial court announced that a finding of contempt is not appropriate except for direct violations of the court’s decree, and that in this case, the joint custody statute requires only that the parties confer; that if the statute required that the parties agree on decisions concerning children no decisions could be made; and that since the parties had conferred concerning the subject, he was going to sustain the motion to dismiss. Father appeals from the judgment entering that dismissal.

Actions for contempt brought to compel a parent’s obedience to a court order that benefited the other parent are for civil contempt. A.G. v. R.M.D., 730 S.W.2d 543, 545 (Mo. banc 1987). A prima facie case for civil contempt is established when the party alleging contempt proves: (1) the contemnor’s obligation to pay a specific amount or perform an action as required by the decree; and (2) the con-temnor’s failure to meet the obligation. Garner v. Hubbs, 17 S.W.3d 922, 929 (Mo.App. S.D.2000).

A court has a duty to protect the integrity of its orders, but whether noncompliance shall be punished as contempt lies within the discretion of the court, and its determination becomes final in the absence of a plain abuse of that discretion. In re Blankenship, 553 S.W.2d 307, 309 (Mo.App.1977). (The trial court’s judgment in civil contempt action will not be disturbed on appeal absent a clear abuse of discretion. Garner v. Hubbs, 17 S.W.3d at 929.) Contempt is a drastic remedy, which should be carefully and cautiously exercised. Id.

[744]*744The issue on this appeal relates to the interpretation of Section 452.375.1(2).2 That statute provides:

“Joint legal custody” means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child, and, unless allocated, apportioned, or decreed, the parents shall confer with one another in the exercise of decision-making rights, responsibilities, and authority.

Father contends that the trial court erroneously declared and applied the law by not applying the requirement of the statute that the parties with joint legal custody must “share” in decisions related to educational issues. He argues that under the statute, the parties must “share the decision-making rights,” and in doing so must “confer.” His interpretation of “share” is that they must agree, and he contends that merely “conferring” is insufficient. Consequently, Father argues that he made a prima facie case of contempt by showing that after he and Mother conferred about this educational decision, she unilaterally made the decision to enroll j.C.E. in the Marshfield school system.

In support, Father cites Leone v. Leone, 917 S.W.2d 608 (Mo.App. W.D.1996), in which the father contended that the trial court erred in awarding sole legal custody to the mother and in finding that joint legal custody was inappropriate. In affirming the trial court’s decision, the appellate court noted the substantial evidence that the parties were unable to cooperate and communicate concerning the welfare of their children, including their disagreement about where to send their children to school. Id. .at 614. The court said the following concerning joint legal custody:

Under joint legal custody, the parents share the decision-making regarding the health, education and welfare of the children. An important factor for the trial court to consider when determining legal custody is the parties’ ability to cooperate and function as a parental unit.

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Bluebook (online)
77 S.W.3d 741, 2002 Mo. App. LEXIS 1413, 2002 WL 1369815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/earls-v-earls-moctapp-2002.