September 2018 Georgia Custody and Visitation Case Law Update

In September 2018, the Georgia Court of Appeals released one custody related opinion and four other family law related opinions.

Roberts v. Roberts, 347 Ga. App. 360 (2018) 

Facts:

Grandfather had grandparent visitation with the minor child. The Father denied visitation and was held in contempt and was ordered to allow “compensatory visitation” for Grandfather. Subsequently, Father continued to withhold visitation, and he and the minor child moved outside of Georgia. The trial court held Father in willful contempt for violating the previous contempt order denying court-ordered grandparent visitation, and ordered him incarcerated until he purged himself. Purge requirements were that Father release the child to Grandfather for 40 consecutive days of visitation to make up for missed visitation, and payment of Grandfather’s attorney’s fees, including those from the second contempt hearing.

Holding:

There was sufficient evidence that Father willfully disobeyed the trial court’s orders. Written orders entered nunc pro tunc relate back to the date of the judge’s oral ruling. The question of whether the 40 days of consecutive make-up visitation was appropriate was never reached since the issue was presented for the first time on appeal. Trial court erred in requiring Father to pay the additional fees ordered in the second contempt order to purge himself of contempt.

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Related family law cases released in September, 2018:

Temporary Protective Order
Bland v. Bland, 347 Ga. App. 273 (2018)

Reimbursement of Child Support Expenses
Perkins v. Perkins, 347 Ga. App. 345 (2018) 

Temporary Protective Order // Abuse of Discretion
Wildes v. Clark, 347 Ga. App. 348 (2018) 

Contempt // Alimony and Child Support
Bernard v. Bernard, 347 Ga. App. 429 (2018)