Ryan v. Ryan

278 A.2d 121, 1971 D.C. App. LEXIS 334
CourtDistrict of Columbia Court of Appeals
DecidedJune 10, 1971
DocketNos. 5630, 5631
StatusPublished

This text of 278 A.2d 121 (Ryan v. Ryan) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ryan v. Ryan, 278 A.2d 121, 1971 D.C. App. LEXIS 334 (D.C. 1971).

Opinion

PAIR, Associate Judge:

These appeals are from orders entered by the court below during the course of proceedings involving the custody of five minor children born of the marriage of appellant and appellee.

The first appeal (No. 5630) is from orders entered September 28, 1970 and October 1, 1970, respectively, by force of which appellant was adjudicated in contempt and committed to jail for disobedience of an injunction against proceeding further in any matter involving the custody of the children, except in the case then pending in the court below.

The second appeal (No. 5631) is from an order entered December 15, 1970, awarding custody of the children to appellee.

Finding no reversible error in the entry of either order, we affirm.

The controversy developed in Paris, France, where, upon application by appellee to the appropriate court, the parties were divorced on May 18, 1967. Sometime thereafter, appellee returned to the United States and, after June 24, 1968, resided with the five children in the District of Columbia.

In October 1969 appellant, then a citizen of the Republic of France, commenced in the court below the action from which these appeals arose, demanding custody of the five children and other relief. In his answer to the complaint, appellee alleged that appellant abandoned him and the five children in France in 1966 and that, upon entry by the French court of a decree of divorce, he was awarded custody of the children. By a counterclaim, appellee requested the court to confirm the award of custody.

[123]*123During the pendency of the action, appel-lee represented to the court below that appellant, in an additional effort to obtain custody of the children, had reopened in the French court the matter of their custody.

After a hearing the court below, on February 20, 1970, entered the order referred to above enjoining appellant from litigating in any other court the matter of custody of the children.

Against this factual background, we proceed now to consideration and disposition of the two appeals.

Appeal No. 5630

Entered after a hearing, the order of September 28, 1970 adjudicated appellant in contempt for wilful disobedience of the injunction imposed upon her by the order of February 20, 1970.1 Appellant was directed to cause the proceedings in the French court to be abated and to present herself before the court below on October 1, 1970 and advise as to the steps she had taken to that end. The order then provided that, upon appellant’s failure to comply, the clerk was to strike her pleadings and set the cause for hearing on the merits of the counterclaim.

As directed, appellant on October 1, 1970 appeared before the court, at which time the following transpired:

DIRECT EXAMINATION
BY MR. TIMBERLAKE:
Q State your full name and your address.
* * * * * *
A My name is Francoise Ryan. I live at 2008 R Street, Northwest, Washington, D. C.
Q Now, Mrs. Ryan have you done anything in regard to the actions in France?
A Certainly not. I did not do anything to stop the action in France,
* * * * * *
CROSS EXAMINATION
BY MISS GUHRING:
* * * * * *
Q Now, here in 1969, you asked this Court to award you custody of the five children;- right?
A Yes.
Q And you are familiar with the order of this Court that directed you not to take any steps about custody any place else other than here in the District of Columbia; right ?
A Yes, but I appealed that.
* * * * * *
Q * * * [T]he Court adjudicated you in contempt for this and, among other things, ordered you to take steps to stop this hearing in Paris. Now, Mr. Dwyer told you about that order of the other day, did he not ? Didn’t Mr. Dwyer tell you that you are to stop it ?
* * * * * *
A I was notified; yes.
‡ ‡ ‡ lj< ‡ jJc
Q The point is that you haven’t taken any steps to stop the hearing in Paris; is that right?
A No, I didn’t.
* * * * * *

At the conclusion of the hearing, the court, entered the second of the two orders challenged by appeal No. 5630 directing (1) that appellant be confined at the Washington Asylum and Jail for a period of thirty days or until such earlier time as she has purged herself of her contempt, (2) that the clerk strike her pleadings and (3) that the cause be set for hearing on appellee’s counterclaim.

[124]*124Citing numerous cases, none of which we regard as controlling or even persuasive, appellant contends in substance that the court below was without jurisdiction to enjoin her participation, except in that court, in any other proceedings involving the custody of the five children.

This contention is wholly without substance. It was appellant who, in an effort to obtain custody of the children, invoked the jurisdiction of the court below. As an expression of its concern for children within the borders of the District of Columbia (Crain v. Crain, D.C.App., 209 A.2d 257 (1965); Schwier v. Schwier, D.C.App., 207 A.2d 115 (1965)) the court below, having thus acquired jurisdiction of the parties, had abundant authority to enjoin appellant from litigating the same issue in a foreign jurisdiction. See Wenz v. Earl Wenz, Inc., 400 Pa. 397, 162 A.2d 376 (1960).

Because the injunction continued in full force and effect2 throughout the proceedings disobedience of its mandate was wilful contempt. United States v. United Mine Workers, 330 U.S. 258, 67 S.Ct. 677, 91 L.Ed. 884 (1947); Howat v. Kansas, 258 U.S. 181, 189-190, 42 S.Ct. 277, 66 L.Ed. 550 (1922); Adams v. Adams, D.C.Mun.App., 184 A.2d 213 (1962) ; Land v. Dollar, 88 U.S.App.D.C. 311, 190 F.2d 366 (1951), cert. dismissed, In re Killion, 344 U.S. 806, 73 S.Ct. 7, 97 L.Ed. 628 (1952); Hunter v. United States, 48 App.D.C. 19, 23 (1918); In re Williams, 306 F.Supp. 617, 619 (D.D.C.1969). Compare Duell v. Duell, 85 U.S.App.D.C. 78, 178 F.2d 683 (1949).

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Related

Howat v. Kansas
258 U.S. 181 (Supreme Court, 1922)
United States v. United Mine Workers of America
330 U.S. 258 (Supreme Court, 1947)
Duell v. Duell
178 F.2d 683 (D.C. Circuit, 1949)
Crain v. Crain
209 A.2d 257 (District of Columbia Court of Appeals, 1965)
In Re Williams
306 F. Supp. 617 (District of Columbia, 1969)
Adams v. Adams
184 A.2d 213 (District of Columbia Court of Appeals, 1962)
DeWitt v. DeWitt
201 A.2d 527 (District of Columbia Court of Appeals, 1964)
Wenz v. Wenz
162 A.2d 376 (Supreme Court of Pennsylvania, 1960)
Schwier v. Schwier
207 A.2d 115 (District of Columbia Court of Appeals, 1965)
Commonwealth ex rel. Beemer v. Beemer
188 A.2d 475 (Superior Court of Pennsylvania, 1962)
Hunter v. United States
48 App. D.C. 19 (D.C. Circuit, 1918)
Land v. Dollar
344 U.S. 806 (Supreme Court, 1952)
Babb v. Benjamin
344 U.S. 807 (Supreme Court, 1952)

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Bluebook (online)
278 A.2d 121, 1971 D.C. App. LEXIS 334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-ryan-dc-1971.