Smith v. Parr, 25738

• Decision Date: 07 May 1970
• Docket Number: No. 25738,25738
• Citation: 175 S.E.2d 12,226 Ga. 336
• Parties: Jacqulyn Parr SMITH v. Norman L. PARR.
• Court: Georgia Supreme Court

Page 12

175 S.E.2d 12

226 Ga. 336

Jacqulyn Parr SMITH v. Norman L. PARR.

No. 25738.

Supreme Court of Georgia.

May 7, 1970.

Syllabus by the Court

1. Visitation provisions of the original divorce decree having been modified in an independent action in the superior court of the county of the wife's residence, such modification decree superseded the original decree insofar as visitation is concerned.

2. Therefore, the court granting the original decree was without jurisdiction of the former husband's petition for contempt against the former wife with reference to visitation of their child.

Gree, Sartain & Carey, Jack M. Carey, Gainesville, for appellant.

No appearance for appellee.

GRICE, Justice.

The instant appeal is from a judgment overruling a former wife's plea to the jurisdiction and modifying a divorce decree upon the former husband's petition for contempt.

The petition, filed by Norman L. Parr against Jacqulyn Parr Smith in the Superior Court of Hall County, alleged in essence that the decree of divorce granted to the parties in that court awarded permanent custody of the parties' minor child to the former wife and awarded him visitation rights each Saturday from 12 noon to 7 p.m.; that his decree was subsequently modified by the Superior Court of Polk County so as to extend his visitation rights from 9 a.m. to 9 p.m. each Saturday; and that the former wife is in contempt for not having their child available for his visitation each Saturday. The petition prayed that he have more reasonable visitation rights, that the former wife be required to have the child available for him, that rule nisi issue for her to show cause why this relief should not be granted, and that he have general relief.

The wife answered, in material part, that the Superior Court of Polk County modified the previous decree of the Superior Court of Hall County and therefore the Superior Court of Hall County does not have jurisdiction to decide whether she is in contempt of the Superior Court of Polk County; that she is not subject to the jurisdiction of the Superior Court of Hall County as she is a resident of Polk County and the Superior Court of Polk County has jurisdiction of her, and therefore the Superior Court of Hall County is without authority to modify or alter the judgment in this proceeding; that she is not in contempt; and that she had the child available for the former husband's visits and has not abused the custody privileges.

Upon the hearing, the parties in their testimony blamed each other for the visitation situation. However, that evidence is not necessary to recite here. Documentary evidence included the Polk County proceeding brought by the husband against the wife in which his visitation rights were modified as above described.

Following this hearing, the Superior Court of Hall County entered a judgment which in substance recited that it had jurisdiction over the subject matter and the parties; that the wife had violated that court's decree granting visitation privileges to the husband from 12 noon to 7 p.m.; that no decision was made as to whether the wife was in contempt but such ruling was held in abeyance for six months, at which time the court would hear further evidence as to any future violations by the wife; and that if the orders of that court and the Superior Court of Polk County were complied with during such period there would be no finding of contempt. The judgment also incorporated certain provisions with reference to carrying out the visitation rights granted by both courts.

The appeal is from this judgment, which the trial court certified for immediate review. Enumerated as error are (1) that the Superior Court of Hall County erred in assuming jurisdiction over the person and the subject...