In re the Marriage of Brockington

Summary

The Montana Supreme Court affirmed an amended parenting plan that reduced but preserved the father’s summer parenting time in Virginia and Montana. The court held that the district court appropriately considered the child’s wishes and the guardian ad litem’s recommendations in determining the child’s best interests. The court dismissed without prejudice the mother’s appeal from a contempt order because attorney’s fees and costs had not yet been determined, leaving the order nonfinal.

Holdings

1. The District Court did not abuse its discretion in determining that the amended parenting plan was in A.E.B.'s best interests and in reducing, but not eliminating, Darin's summer parenting time.
2. The contempt order was independently appealable under Montana law, but it was not a final judgment because the District Court had not yet determined the amount of attorney fees and costs; the appeal was therefore dismissed without prejudice.

Questions Presented

1. Whether the District Court abused its discretion in determining that the amended parenting plan was in A.E.B.'s best interests.
2. Whether Deborah's appeal from the separate contempt order was from a final judgment.

Disposition

other