Norris v. Pethe

833 N.E.2d 1024, 2005 Ind. App. LEXIS 1581, 2005 WL 2061002
CourtIndiana Court of Appeals
DecidedAugust 29, 2005
Docket54A01-0410-CV-454
StatusPublished
Cited by41 cases

This text of 833 N.E.2d 1024 (Norris v. Pethe) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Norris v. Pethe, 833 N.E.2d 1024, 2005 Ind. App. LEXIS 1581, 2005 WL 2061002 (Ind. Ct. App. 2005).

Opinions

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Respondent, Suzan Norris (Mother), appeals the trial court's findings of fact and conclusions of law in post-divoree proceedings in favor of Appellee-Petitioner, Ross Allen Pethe (Father).

We affirm in part, reverse in part, and remand with instructions.

ISSUES

Mother raises two issues on appeal, which we restate as follows:

(1) Whether the trial court abused its discretion by finding Mother in contempt because her conduct following the March 27, 2002 contempt order constituted willful and, intentional disobedience; and
(2) Whether the trial court erred in finding that K.P. repudiated her relationship with Father, thereby relieving him of his obligation to contribute to her college expenses.

FACTS AND PROCEDURAL HISTORY

Father and Mother were divorced after twenty-one years of marriage pursuant to a Decree of Dissolution dated June 1, 1999. During the marriage, two children were born: K.P., born on August 16, 1984 and D.P., born on December 1, 1987. Mother received legal custody of both children, with Father to have reasonable and liberal visitation by agreement of the parties but no less than the requirements of Montgomery County Local Rule 17. Father [1027]*1027was ordered to pay $300 per week in child support and has always been current on this obligation.

After the divorcee, Father and Mother continued to live in Lebanon, Indiana. Father exercised his visitation throughout 1999. However, after a fall break trip in October of 1999, the relationship between Father and the children appeared to deteriorate and visitation became more infrequent. By the fall of 2000, visitation was almost non-existent. Accordingly, on June 20, 2001, Father filed a Verified Affidavit for Rule to Show Cause and Application for Permanent Injunction and a Motion for Counseling. On October 11, 2001, after a hearing, the trial court found, in pertinent part, that

[Mother], although she may have subtly influenced the children over a period of time with regard to their attitudes about visitation with their [Flather, did not overtly intentionally or willfully interfere with the visitation with [Father]. The [clourt finds that the children themselves, with some complicity on the part of [Father] determined that they did not continue to visit with him. For those reasons the [clourt does not believe that [Mother] actively interfered and discouraged the children. The [clourt finds that she is not in contempt and there is no basis for a permanent injunction to issue.

(Appellant's App. p. 72). In the same Order, the trial court appointed Larry Lennon (Dr. Lennon) "to work with the family to resolve hostilities and anger that is left over from the dissolution and also visita tion issues." (Appellant's App. p. 72). Thus, the trial court ordered the parties to commence a process of family counseling and mediation with the ultimate goal of reconciliation between Father and his children.

However, on January 24, 2002, Father filed a Verified Affidavit for Contempt Citation, alleging that Mother intentionally disregarded the trial court's counseling order and seeking sanction. The trial court conducted a hearing on the Affidavit, and on March 27, 2002, the trial court entered its Order finding contempt and imposing sanctions. (March 27 Order). The trial court found, in pertinent part, that

[Mother] has intentionally caused the counseling to prematurely terminate and that she has sabotaged the professional efforts of the counselor to proceed to address the issues that the [clourt required to be addressed. The [clourt finds that she directly and indirectly influenced the children creating in them an unwillingness to participate in the counseling. She has also directly and indirectly created issues which then she claims interfere with the ability of her and the children to proceed with counseling. The [cJourt also finds that she has intentionally failed to make appointments with the counselor when request, ed to do so.
The [clourt finds that the actions on the part of [Mother] are without exeuse or justification and that she is in contempt of [clourt by reason of her failure to comply with the literal language of the [clourt order and with the failure to comply with the spirit and intention of the order.... [Slhe should pay the sum of $500.00 for the use and benefit of [Father]'s attorney and she should be committed to the Montgomery County Jail for a period of thirty (80) days. The [clourt further finds that the thirty (80) days of jail time should be suspended on the condition that [Mother] and the children proceed to counsel as requested by Dr. Lennon and that they positively engage in the counseling, actively cooperate with Dr. Lennon and constructively participate in the counseling sessions [1028]*1028and continue to do so until terminated by Dr. Lennon.

(Appellant's App. pp. 75-76).

On May 14, 2002, Mother filed an Emer-geney Motion for Immediate Cessation of Counseling and for a Second Opinion Evaluation of How to Proceed, which was denied by the trial court without a hearing. Furthermore, on or about July 25, 2002, Father filed several petitions, including a Petition to Modify Order Regarding Payment of Counseling Expenses and a Request to Modify Support and Visitation.

Despite Dr. Lennon's initial positive report on May 16, 2002, the situation deteriorated to the point where, on August 20, 2002, Dr. Lennon sent the following facsimile message to Mother's attorney:

[Ble advised that your client has continued to thwart and undermine our repeated attempts to facilitate reconciliation between the children and their [FJather. I will not allow this charade to continue and I am suspending all further sessions pending direction from the [clourt.

(Appellee's App. p. 26). Thereafter, on September 17, 2002, Father filed a Motion for Order to Show Cause and a Petition to Terminate Support. On February 11, 2003, Mother filed a renewed request for a Second Opinion Evaluation on How to Proceed. The trial court heard evidence on all motions on February 14, June 5, June 6, July 3, October 2, and 3, 2008. On August 4, 2004, the trial court, based on this evidence, entered ninety-two findings and established the following pertinent conclusions of law:

4. Mother has willfully and intentionally violated this [clJourt's order dated March 27, 2002, in that she has failed to positively engage in the counseling, has failed to actively cooperate with Dr. Lennon and has failed to constructively participate in the counseling sessions and failed to continue in such efforts until terminated by Dr. Lennon; that ber conduct in unilaterally changing counseling appointments, chiding Dr. Lennon for his counseling methods and his therapeutic techniques, persisting in allowing friends to interfere in the counseling process, and refusing to attend mediation sessions despite numerous prior notifications and efforts to accommodate her schedule, all constitute willful and intentional disregard of this [clourt's orders.
5. Mother's efforts are part of a continuing pattern of willful disobedience and disdain for the [clourt's authority.
6.

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Cite This Page — Counsel Stack

Bluebook (online)
833 N.E.2d 1024, 2005 Ind. App. LEXIS 1581, 2005 WL 2061002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norris-v-pethe-indctapp-2005.