Rodock v. Pommier

225 So. 3d 512, 16 La.App. 3 Cir. 809, 2017 WL 432813, 2017 La. App. LEXIS 117
CourtLouisiana Court of Appeal
DecidedFebruary 1, 2017
Docket16-809
StatusPublished
Cited by5 cases

This text of 225 So. 3d 512 (Rodock v. Pommier) 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
Rodock v. Pommier, 225 So. 3d 512, 16 La.App. 3 Cir. 809, 2017 WL 432813, 2017 La. App. LEXIS 117 (La. Ct. App. 2017).

Opinion

CONERY, Judge.'

| iPauline Moss Rodoek1 (Pauline) appeals the January 26, 2016 judgment denying her motion to recuse the trial judge in this custody and relocation dispute involving her thirteen year old minor son, J.P. She also appeals the February 23, 2016 judgment denying her request to relocate J.P. to the State of Kansas, and the trial judge’s finding of contempt of court ruling against her. She further appeals the trial court’s award of' $3,800 in attorney fees to her former husband and the child’s father, Brad Allen Pommier (Brad), pursuant to La.R.S. 9:355.6(3).2 For the following reasons, we affirm the trial ■ court’s January 26, 2016 recusal ruling,, as well as the February 23, 2016 judgment holding Pauline in contempt and casting her with trial court costs for the filing of the rule for contempt. We find that the trial court’s ruling on relocation has been rendered moot by subsequent proceedings, and we reverse the trial court’s award of $3,800 to Brad for attorney fees, finding that La. R.S. 9:355.6(3) does not permit an award of attorney fees.

PROCEDURAL HISTORY

This litigation involves a long running dispute between the parents of their minor son, J.P., born October 31, 2001. Pauline and Brad were divorced in 2005, and initially shared joint custody,- with Pauline serving as -the domiciliary parent. Brad’s visitation was- sporadic.' In 2007/ Pauline remarried a member of the United States Army, who was then stationed at Fort Polk in Leesville, in' Vernon Parish, 12Louisiana, and J.P. resided there with her and her new husband. In 2011, Pauline’s husband was transferred to Leavenworth, Kansas, and Pauline sought and was granted permission to relocate J.P. to the State of Kansas in connection with the transfer of her military husband in a stipulated judgment dated May 12, 2011. J.P. was relocated to the' State of Kansas for approximately one year. Pauline’s husband was transferred back to Fort Polk and Pauline, J.P., and her children with her new husband returned to Pickering, a small community near Fort Polk in Vernon Parish.. J.P. attended school in Pickering for almost three years while residing with Pauline and her new husband and their children.

In-Spring 2015, Pauline’s husband was once again transferred to Leavenworth, Kansas, and Pauline voiced her intention to Brad to once again relocate J.P., now thirteen years old, to Leavenworth to be with her husband and their children. It is undisputed that Pauline did not send a formal notice of relocation of her intended move to Kansas as required by La.R.S. 9:355.5. She claimed that she believed the earlier May 12, 2011 judgment granting her permission to relocate the minor child [516]*516to the State of Kansas was still in effect, .even though she had been living in Pickering with J.P. and her family for almost three years. Upon; learning of Pauline’s intention to relocate the minor child once again to the State of Kansas, Brad informed his attorney that he wished to formally oppose the relocation. An opposition to the relocation was filed on Brad’s behalf, along with a motion to modify custody wherein Brad sought to be named domiciliary parent of J.P.

On May 19, 2015, the trial court set a hearing' date for Brad’s motions and signed a preliminary injunction, which stated: “It is ordered that a writ of injunction issue herein enjoining PAULINE MOSS RODOCK from relocating, the |3minor child until a hearing can be determined to decide whether or not the said relocation is in the best interest of the said minor child.” The order set the hearing for June 1, 2015.

At the beginning of the hearing on June 1, 2015, the trial court proposed, without objection, that he conduct an in camera interview with the child in chambers. The transcript of the June 1, 2015 hearing is entitled, “THE FIRST INTERVIEW WITH (J. P.)[,]” and was subsequently placed under seal and is made part of the record on appeal. This transcript contains a discussion with counsel held on the record prior to the trial court’s questioning, of the minor child in chambers. There is a discussion of the May 19, 2015 request by Brad for a preliminary injunction prohibiting Pauline from taking the minor child to the State of Kansas until a hearing and ruling can be made on the relocation and modification of custody motion filed by Brad:

BY THE COURT:

The Court set the—I think this thing was, maybe was filed last week or— BY MR. FONTENOT:
Yes, sir.
BY THE COURT:
—the end of—I set it quickly because of the injunction that was filed and I think part of that is going to be that that’s going to go away with and we’ll come back so that they can—she can move—the only thing that is leaving for the Court to decide is whether or not the child can move.
BY MR. FONTENOT:
That’s correct.
BY THE COURT:
|4So, the restraining order will be done away with as of today and, so I’m going to interview the child and then we’re going to come back on the 19th which is a Friday and* we’ll hear the remaining witnesses in this matter.
BY MR'. LEAVOY:
And, for the record, Your Honor, we’re waiving any objection we had to service and the language of the order.
M;R. FONTENOT:
All right.

After the discussion with counsel, the trial court interviewed the minor child'in chambers without objection. Following that interview with J.P., Pauline’s then attorney claimed that after interviewing J.P. in chambers the trial judge met with the attorneys off the record and indicated that he was not inclined to grant the relocation. Ostensibly, Pauline still wanted a full hearing on relocation of the- minor child to the State of Kansas and both the relocation hearing and Brad’s motion to modify custody were continued to June 19, 2015, with an additional date of June 22, 2015, if needed. The record indicates that at some point prior to the June 19, 2015 hearing, the trial court and counsel agreed .to sever Brad’s motion for modification of custody and only the issue of relocation [517]*517would be heard on June 19 and June 22, 2015, if needed.

The parties were not able to present all the evidence needed on June 19, 2015, and the trial was recessed to June 22, 2015. When the parties appeared on Juné 22, 2015, after some evidence was taken, Pauline filed a motion to recuse the trial judge. After reviewing the motion, the trial judge determined that he would not recuse himself and requested that the clerk randomly allot the recusal motion to another judge for a hearing and ruling.

| sPrior to ordering the case to be submitted for allotment on the recusal motion, the trial court stated on the record his interpretation of the orders entered in the case prior to Pauline’s filing of her motion to recuse.3 More specifically, the trial court referred to the June 1, 2015 preliminary injunction ruling and stated, “So, and, of course, the child, according to the law, my interpretation of it, is the child is not allowed to leave Louisiana, Is that your understanding Mr. Fontenot, and Mr. Lea-voy?” Whereupon, Mr. Fontenot, counsel for Brad, responded, “Pending some other order being issued that’s correct, Your Honor.” Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
225 So. 3d 512, 16 La.App. 3 Cir. 809, 2017 WL 432813, 2017 La. App. LEXIS 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodock-v-pommier-lactapp-2017.