Mariah D. v. Michael N.

Summary

The Intermediate Court of Appeals of West Virginia reviewed a family court's sua sponte orders requiring the parties to undergo family assessment therapy after a contempt hearing. The court held that the therapy orders violated procedural due process because the issue was not noticed and the mother was not given an opportunity to object under West Virginia Rule of Practice and Procedure for Family Court 22(b). The court reversed the family therapy portions of the March 29, 2025, and April 3, 2025, orders, leaving the challenged contempt and child-support rulings unaffected.

Holdings

1. The family assessment order failed to comply with Rule 22(b) because Mother was not served with a copy of the draft order and was not given the prescribed opportunity to submit written objections.
2. The family court abused its discretion by sua sponte ordering family assessment therapy without notice that therapy would be considered at the contempt hearing.

Questions Presented

1. Whether the family court abused its discretion and violated due process by sua sponte ordering family assessment therapy when the only noticed issue was Mother's contempt petition concerning Father's financial disclosure.
2. Whether the family court complied with Rule 22(b) of the West Virginia Rules of Practice and Procedure for Family Court when it entered the family assessment order without providing Mother a draft order and an opportunity to object.

Disposition

reversed