Votava v. Votava

Summary

The North Dakota Supreme Court affirmed the denial of a contempt request against a parent alleged to have interfered with scheduled parenting time. The court held that the district court did not abuse its discretion in finding no willful and inexcusable violation of the parenting order. However, it reversed the modification of parenting time because the modification was made without a motion, adequate notice, or a fair opportunity to be heard.

Holdings

1. The district court did not abuse its discretion in refusing to hold Kelly Votava in contempt because the record supported the finding that she did not intentionally or willfully violate the parenting-time order.
2. The district court exceeded the scope of the contempt motion by modifying Andrew Votava's parenting time without a motion to modify, adequate notice, or a fair opportunity to be heard.

Questions Presented

1. Whether the district court abused its discretion by refusing to hold Kelly Votava in contempt for alleged violations of the parenting-time order.
2. Whether the district court could modify Andrew Votava's parenting time during a contempt proceeding without a motion to modify, adequate notice, and a fair opportunity to be heard.

Disposition

reversed_and_remanded