Rideout v. Rideout

40 P.3d 1192
CourtCourt of Appeals of Washington
DecidedFebruary 22, 2002
Docket26656-3-II
StatusPublished
Cited by14 cases

This text of 40 P.3d 1192 (Rideout v. Rideout) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rideout v. Rideout, 40 P.3d 1192 (Wash. Ct. App. 2002).

Opinion

40 P.3d 1192 (2002)
110 Wash.App. 370

In re the Marriage of John Christopher RIDEOUT, Respondent/Cross-Appellant,
v.
Sara Dixon RIDEOUT, Appellant.

No. 26656-3-II.

Court of Appeals of Washington, Division 2.

February 22, 2002.

*1193 Melissa Marie Denton, Ascher & Denton, Tumwater, for Appellant.

Charles E. Szurszewski, Connolly Tacon & Meserve, Olympia, Charles Kenneth Wiggins, Kenneth Wendell Masters, Bainbridge Is, for Respondent.

ARMSTRONG, C.J.

Sara Rideout did not deliver her daughter, Caroline, to court-ordered visitation with her father, Christopher Rideout. Sara explained to Christopher that Caroline refused to go. On Christopher's motion, the court commissioner found Sara in contempt, awarded Christopher costs and attorney fees, and imposed a fine. The commissioner found that Sara acted in bad faith by not delivering Caroline to her father. Sara moved to revise the commissioner's order, but the superior court upheld the order. Sara appeals and Christopher cross-appeals to argue that the commissioner awarded him insufficient costs and attorney fees. We find no error and affirm.

FACTS

Christopher and Sara Rideout have a son, Christopher (Kit), and a daughter, Caroline. The dissolution court entered a permanent parenting plan in 1997. The plan provided that the children would reside with Sara during the summer except for four weeks with Christopher.

Sometime in June or July 2000, Christopher notified Sara of the dates for his four weeks that summer. Christopher says he left several telephone messages for Sara about the dates, beginning June 18. Christopher sent Sara a letter on July 11, 2000, to confirm the dates, and Christopher's attorney also sent Sara a letter on July 14. Sara says she first learned of Christopher's plans from a telephone message on July 10. Christopher wanted to have the children for four weeks beginning July 14, 2000. He planned to take them to a family reunion in Idaho.

Christopher went to Sara's home on July 14 (at 2:30 p.m., the time specified by the parenting plan) to pick up the children, but they were not there. Later, Kit called Christopher and Christopher picked him up; Caroline was busy horseback riding and was to come later. But Sara called Christopher and said Caroline was going to stay with her.

On July 18, Christopher sought a court order setting specific dates for his summer visitation. On July 27, the court ordered that Christopher would have Caroline from July 27 through August 24. The order required Sara to transport Caroline to Christopher's house at 4:00 p.m. on July 27; Sara did not. Caroline refused to go. Caroline called Christopher twice on the 27th about the visitation, but Christopher explained that he would not negotiate with her about it.

On July 31, 2000, Christopher sought a contempt order against Sara for failing to comply with the court's July 27 order. Sara contended that she did not violate the order in bad faith under RCW 26.09.160 because Caroline had refused to cooperate with the visitation and did not want to spend time with her father. The court commissioner found that Sara had "overly involved" Caroline in the court action and had the ability to cause Caroline to comply with the visitation order. CP at 65. The commissioner also found that "[a] child of twelve or thirteen is not of a sufficient age and maturity that she can be given decision-making authority over whether visitation occurs." CP at 65. The commissioner then found Sara in contempt of court under RCW 26.09.160 and fined her $100 per day from July 27 through August 16. Sara also had to pay $892.50 of Christopher' attorney fees and costs. Christopher had asked for $3,349.32. Sara moved for revision of the contempt order, which the court denied.

ANALYSIS

I. Standard of Review

The parties debate the proper standard of review. Christopher argues that we should review the trial court's decision for an abuse of discretion. Sara asks us to review *1194 the decision de novo because it was based on declarations, not testimony. Ordinarily, when a trial court has weighed the evidence and determined the relevant facts, we review the record for substantial evidence to support the trial court's factual findings. In re Marriage of Crosetto, 82 Wash.App. 545, 553, 918 P.2d 954 (1996). Several cases have said, however, that when a trial court considers only documents, such as parties' declarations, in reaching its decision, we need not defer to the trial court because we have the same opportunity to review the record. See, e.g., Smith v. Skagit County, 75 Wash.2d 715, 718-19, 453 P.2d 832 (1969); In re Marriage of Flynn, 94 Wash.App. 185, 190, 972 P.2d 500 (1999); Danielson v. City of Seattle, 45 Wash.App. 235, 240, 724 P.2d 1115 (1986). But Sara asks us to weigh the parties' credibility. And no appellate court reviewing documentary records de novo has weighed credibility.

For example, in Smith, the Supreme Court reviewed a documentary record de novo and reversed a trial court's decision that Skagit County's board of commissioners acted within its discretion by rezoning an island from residential to industrial use. Smith, 75 Wash.2d at 719, 453 P.2d 832. The court held that the commissioners arbitrarily and capriciously "spot zoned" the area for the benefit of a particular permit applicant. Smith, 75 Wash.2d at 719, 453 P.2d 832. But the focus of the court's review was the reasonableness of the commissioners' decision, based on the "documents, reports, maps, charts, official data and the like" that the parties submitted. Smith, 75 Wash.2d at 718, 453 P.2d 832. The court did not evaluate the credibility of any of the evidence in the record but, rather, considered whether it justified the rezone.

And in Flynn, reviewing the parties' affidavits de novo, Division Three reversed a trial court's refusal to hold a show cause hearing on a petition to modify a parenting plan. Flynn, 94 Wash.App. at 190, 972 P.2d 500. But the court held that the petitioner's alleged facts, if true, warranted a show cause hearing. Flynn, 94 Wash.App. at 192, 972 P.2d 500. The court did not actually evaluate whether the evidence was credible.

Finally, in Danielson, Division One reviewed de novo an administrative transcript and documentary evidence. Danielson, 45 Wash.App. at 240, 724 P.2d 1115. The court affirmed a trial court's refusal to order the Seattle Police Department to reinstate a discharged officer and reversed a damage award. Danielson, 45 Wash.App.

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Bluebook (online)
40 P.3d 1192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rideout-v-rideout-washctapp-2002.