Fuge v. Uiterwyk

653 So. 2d 707, 1995 WL 132521
CourtLouisiana Court of Appeal
DecidedMarch 29, 1995
Docket94-CA-1815
StatusPublished
Cited by9 cases

This text of 653 So. 2d 707 (Fuge v. Uiterwyk) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fuge v. Uiterwyk, 653 So. 2d 707, 1995 WL 132521 (La. Ct. App. 1995).

Opinion

653 So.2d 707 (1995)

Laurie FUGE
v.
Hendrik UITERWYK.

No. 94-CA-1815.

Court of Appeal of Louisiana, Fourth Circuit.

March 29, 1995.

*709 David J. Foshee, New Orleans, for appellee.

Terence L. Hauver, Lowe, Stein, Hoffman, Allweiss & Hauver, New Orleans, for appellant.

Before KLEES, JONES and WALTZER, JJ.

WALTZER, Judge.

STATEMENT OF THE CASE

This litigation arises from Laurie Fuge's suit for divorce from Hendrik Uiterwyk. Ms. Fuge appeals from a judgment of the Civil District Court in the Parish of Orleans requiring, inter alia, that her sons Patrick, now 17 years old, and John-Neil, 15 years old, visit Mr. Uiterwyk at his Tampa, Florida residence for two weeks in the Summer of 1994, one week at Christmas of 1994 and a reasonable visit during their Spring Break in 1995, awarding attorneys' fees, providing for counseling for the former Uiterwyk family members and setting a procedure by which Mr. Uiterwyk may purge his contempt of court.

PROCEDURAL BACKGROUND

Ms. Fuge and Mr. Uiterwyk were married in New Orleans, Louisiana in 1970. Two years later they moved to Florida. The children of their union were born in Florida. The couple separated in 1980 and were divorced in Florida in 1985. The Florida court in its final judgment of divorce awarded shared parental responsibility. Ms. Fuge was the primary residential custodian and Mr. Uiterwyk the secondary residential custodian.

Pursuant to a Florida consent judgment of June 21, 1986, Ms. Fuge was allowed to move the children permanently from Florida to New Orleans so that she could attend Tulane Law School. This judgment provided that Florida would retain jurisdiction over the parties for a period of one year.

On September 29, 1987, Ms. Fuge filed a rule in Orleans Parish asking the trial court to change custody, alter visitation and increase child support. The trial court issued an injunction prohibiting Mr. Uiterwyk from filing suit in Florida on the same issues. Three weeks later Mr. Uiterwyk filed suit in Florida to revoke the 1986 consent judgment and to hold Ms. Fuge in contempt for failure to abide by the court-ordered visitation. In Orleans Parish, Mr. Uiterwyk filed an exception to jurisdiction relying on the Uniform Child Custody Jurisdiction Act (UCCJA), La.R.S. 13:1700 et seq. The Civil District Court for the Parish of Orleans sustained the exception.

Ms. Fuge filed a motion for a new trial which was denied without a hearing, and appealed the trial court's determination. This Court held that the Louisiana courts had jurisdiction under La.R.S. 13:1700 et seq. *710 and remanded the case for further proceedings.

On August 2, 1989, the Florida courts deferred jurisdiction to Louisiana. On June 29, 1990 and July 13, 1990 the Louisiana trial court ruled that it had jurisdiction over the subject matter and jurisdiction over Mr. Uiterwyk's person, denied his motion for termination of alimony, increased his obligation for child support, restricted his visitation rights with his minor children, and adjudicated him to be in contempt of court. He appealed, and this court found jurisdiction in Orleans Parish, affirmed the Louisiana court's injunction against Mr. Uiterwyk's proceedings in the Florida courts, terminated Ms. Fuge's right to alimony, affirmed the trial court's finding that there was a significant change in circumstances warranting an increase in child support to $9,000 a month, retroactive to the filing of the petition in 1987 and upheld imposition of attorneys' fees against Mr. Uiterwyk. This Court remanded to the trial court the issues of visitation, place and length of visits, because the circumstances of both parties had changed and the children had grown older. This Court also reviewed the trial court's action finding Mr. Uiterwyk in contempt of court and assessing attorney's fees, holding:

Mr. Uiterwyk's twelve contempt judgments are the result of his failure to pay the amended child support award. Two of the judgments arise from his violation of the trial court's order enjoining the parties from proceeding on the issue of custody and visitation.... We have determined that the contempt charges in this case are civil and find that the trial court was within its great discretion in holding Mr. Uiterwyk in contempt. Fuge v. Uiterwyk, 613 So.2d 717, 722 (La.App. 4th Cir.1993), writ denied 619 So.2d 574 (La.1993) and writ denied 619 So.2d 574 (La.1993).

On remand, the Civil District Court entered judgment on 30 July 1993, issuing a protective order that before Mr. Uiterwyk could proceed with further actions in the trial court, he must pay to Ms. Fuge $250,000 in partial payment of prior judgments rendered in these proceedings. The Court held this payment to be due:

not as a condition precedent to Mr. Uiterwyk having visitation rights established, but rather because of the history of this case, the posture of the litigants, the disparity of financial conditions of the litigants, Mr. Uiterwyk's numerous final judgments of contempt, the fact that at least two of the prior contempt judgments were not appealed, the "in forma pauperis" status of Ms. Fuge, her inability to retain and maintain continuous legal representation, the inequities of the litigation process to Ms. Fuge caused by Hendrik Uiterwyk's litigiousness coupled with his failure to pay court-ordered support and/or obey the judgments of this Court, the fact that Mr. Uiterwyk asks this Court for equitable relief, but comes before the Court without the required "clean hands" of one seeking equity, the extensive and exhaustive nature of the record and the action of three prior trial judges on similar and related issues, and because this Court believes that, before proceeding further, with any aspect of this case, that the scales of equity... need to be balanced; this can only happen if Mr. Uiterwyk is compelled to pay at least a portion of the unliquidated debt to Laurie Fuge....

The Louisiana Supreme Court, on Mr. Uiterwyk's application for Supervisory and/or Remedial Writs, ordered the trial court "to reconsider limited visitation" and otherwise denied the application.

At the hearing held before the seventh Judge of the Orleans Parish court to have jurisdiction over this controversy, testimony was received from the parties, their three children, the children's teachers, grandfather and step-mother and two of Mr. Uiterwyk's Florida associates. Following the hearing, the trial court found Mr. Uiterwyk in contempt of court for failure to pay current child support of $94,930.01 plus judicial interest, made executory; assessed attorneys fees of $500 and costs of the contempt rule to Mr. Uiterwyk; provided that payment of that assessment and compliance with the judgment would purge this finding of contempt; ordered limited visitation in Tampa, Florida between Mr. Uiterwyk and his two minor children, after completion of a counseling *711 session, for two weeks in Summer, 1994, one week during the 1994 Christmas holidays, and a reasonable amount of visitation during the children's 1995 Spring Break from school, and ordered that Ms. Fuge, Mr. Uiterwyk and the minor sons begin psychiatric counseling, to proceed at the doctor's discretion. The court also ordered that all prior contempt judgments against Mr. Uiterwyk be held in abeyance for twelve hours prior to and after the scheduled time of counseling sessions.

In the course of its judgment the trial court observed:

1. No compelling reasons exist to require severe restrictions and/or deprivation of Mr. Uiterwyk's visitation rights.

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Cite This Page — Counsel Stack

Bluebook (online)
653 So. 2d 707, 1995 WL 132521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuge-v-uiterwyk-lactapp-1995.