Butler v. Evans

No. 601, 2015 · Supreme Court of the State of Delaware · May 17, 2016 · No. No. 601, 2015

Summary

The Delaware Supreme Court affirmed a Family Court order denying Jack Butler, Jr.’s rule to show cause petition against Jessica Lynn Evans. The Court held that the record supported the finding that Evans did not willfully violate the visitation Consent Order and that contempt sanctions were therefore unwarranted.

Holdings

  1. The Family Court properly found that Evans did not willfully violate the consent order, so contempt sanctions were not warranted.
  2. The Family Court did not err or abuse its discretion in affirming the denial of Butler's rule to show cause petition and accepting the Commissioner's order as the final order.

Questions Presented

  1. Whether Evans's admitted deviations from the visitation terms constituted a willful violation warranting contempt sanctions.
  2. Whether the Family Court erred or abused its discretion by affirming the Commissioner's denial of Butler's rule to show cause petition.

Disposition

affirmed

Cases Cited (6)

  • Kraft v. Mason, 2010 WL 5341918 (Del. Dec. 20, 2010)(followed)
  • Solis v. Tea, 468 A.2d 1276, 1279 (Del. 1983)(followed)
  • King v. Booker, 2015 WL 4985367 (Del. Aug. 20, 2015)(followed)
  • Jones v. Lang, 591 A.2d 185, 186 (Del. 1991)(followed)
  • Wheatley v. Wheatley, 1996 WL 145975 (Del. Mar. 21, 1996)(followed)
  • Wife (J.F.V.) v. Husband (O.W.V., Jr.), 402 A.2d 1202, 1204 (Del. 1979)(followed)

Cited In (0)

No citing cases on record yet.

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