Young v. Young

• Citation: 323 So.3d 991
• Decision Date: 30 June 2021
• Docket Number: No. 54,038-CA,54,038-CA
• Parties: Allison Michelle YOUNG, Plaintiff-Appellant v. Jeremy Lee YOUNG, Defendant-Appellee
• Court: Court of Appeal of Louisiana (US)

323 So.3d 991

Allison Michelle YOUNG, Plaintiff-Appellant
v.
Jeremy Lee YOUNG, Defendant-Appellee

No. 54,038-CA

Court of Appeal of Louisiana, Second Circuit.

Judgment rendered June 30, 2021

CARMOUCHE, BOKENFOHR, BUCKLE & DAY, PLLC By: John Nathaniel Bokenfohr, Counsel for Appellant

JEREMY LEE YOUNG, Pro se, Appellee

Before GARRETT, STONE, and STEPHENS, JJ.

STEPHENS, J.

In this custody proceeding, the mother has appealed from the trial court's judgment holding her in contempt for failure to obey an interim custody order, sentencing her to a non-purgeable 30 days in the parish jail, and ordering her to pay court costs and the father's attorney a $5,000 fee. For the reasons set forth below, we reverse and remand the matter to the trial court.

FACTS AND PROCEDURAL BACKGROUND

The parties, Allison and Jeremy, were married on September 22, 2007. Two children were born to them: K.Y. on April 26, 2007, and J.Y. on August 22, 2009. Allison had one child, H.E., from a prior relationship. Allison filed for divorce in May 2012, alleging that Jeremy was mentally, physically, and verbally abusive to her and the children. Jeremy denied the allegations, claiming that Allison had physically abused him and had absconded out-of-state with the minor children on more than one occasion. The trial court issued an agreed-upon interim order, awarding the parties shared custody of K.Y. and J.Y. Sandi Davis, a licensed professional counselor, was appointed to evaluate the parties and render an expert report to the trial court. The parties, however, reconciled and divorce proceedings were terminated.

On April 1, 2020, Allison filed a second petition for divorce, alleging that: Jeremy had been physically, sexually, and psychologically abusive during the course of their 13-year marriage, sometimes in the presence of the minor children; his alcoholism had been "witnessed by" the children; the children were afraid of Jeremy because of his temper; and, he had struck the minor children. The trial court ordered that a temporary restraining order be put in place. On April 13, 2020, an interim order

323 So.3d 993

was entered by the trial court awarding Jeremy supervised visitation with K.Y. and J.Y. every other weekend beginning April 18, 2020.

Jeremy filed a pleading which included an exception of no cause of action, answer to Allison's petition for divorce, a petition for injunction against harm and harassment under the Post-Separation Violence Relief Act, La. R.S. 9:631, et seq. , and other incidental matters, on April 29, 2020. According to Jeremy, the parties physically separated when, on March 27, 2020, Allison left the matrimonial domicile and took the minor children to Tennessee without his consent or prior notice to him and has refused to return the children to Louisiana. A hearing was set for June 11, 2020.

After the hearing on June 11, 2020, pursuant to an agreement by the parties, an "Interim Order Without Prejudice" was rendered by the trial court, providing that the parties would alternate weekly physical custody of the minor children until further orders of the court and appointing Sandi Davis to perform a mental health/custody evaluation. Thereafter, on August 19, 2020, Jeremy filed a petition seeking immediate modification of temporary custody, alleging that Allison still had the children in Tennessee, was not letting them communicate with him, and had refused to deliver the children to him for weekly visitation on at least three occasions, in violation of the trial court's June 11, 2020, interim order. Jeremy asked that the minor children be returned to Bossier Parish, that he be awarded temporary, sole custody, and that Allison be held in contempt of court for her failure to comply with the June 11, 2020, interim order without prejudice. On August 19, 2020, the trial court modified its interim order without prejudice to grant temporary, sole custody to Jeremy, and award Allison visitation with the children every weekend.

A hearing was scheduled to be held on Jeremy's petition for modification of temporary custody and contempt on September 10, 2020. At this hearing, Allison's attorney sought to introduce evidence regarding his client's allegations of domestic violence and abuse to show Allison's lack of intent to violate the court's interim order without prejudice, but the trial court disallowed introduction of this evidence. According to the trial court, such allegations went to the ultimate disposition of custody, but were not relevant to the issue of contempt unless the violence or abuse occurred after the issuance of the court's June 11, 2020, interim order without prejudice. Furthermore, despite making repeated requests to Allison's attorney for an explanation of his client's actions, the trial court refused to permit any testimony regarding Allison's allegations of domestic violence and abuse....