K.N.B. v. H.M.F., Jr.

Summary

The Alabama Court of Civil Appeals reversed a Mobile Juvenile Court contempt order against the mother for allegedly allowing the child to have contact with the maternal grandfather. The court held that, regardless of whether the contempt was civil or criminal, the evidence was insufficient to establish that the mother willfully violated the court's no-contact order. The cause was remanded.

Holdings

1. Regardless of whether the contempt was civil or criminal, the contempt finding required evidence that the mother willfully failed or refused to comply with the juvenile court's order.
2. The evidence was insufficient to establish by clear and convincing evidence that the mother willfully disobeyed or refused to comply with the order prohibiting contact between the child and the maternal grandfather.

Questions Presented

1. Whether the evidence was sufficient to support the juvenile court's contempt finding based on the mother's alleged violation of the order prohibiting contact between the child and the maternal grandfather.
2. Whether the evidence established the required willful failure or refusal to comply with the order, regardless of whether the contempt was civil or criminal.
3. Whether the juvenile court's contempt sanction modifying the mother's visitation could stand when the underlying contempt finding was unsupported.

Disposition

reversed_and_remanded