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Appellate court finds mother wasn't in contempt

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The Indiana Court of Appeals agreed with a mother that the Clark Circuit Court erred in finding her in contempt for not putting her teenage daughter on a plane to Florida to visit the teen’s father over Christmas break. The appellate court did agree with the trial court that the mom should have to pay for another flight to visit the father.

In the case of In Re: The Paternity of M.F.; N.F. v. J.T., No. 10A01-1101-JP-15, mother N.F. appealed the finding that she was in contempt of a June 2010 order that daughter M.F. was to spend seven days of winter break 2010 with her father J.T. in Florida. The parents texted and emailed possible days for M.F. to visit. Mother N.F. didn’t tell J.T. that M.F.’s school had a make-up snow day on Dec. 20, so she wouldn’t be able to fly out on Dec. 17 or 18 as initially discussed. J.T. went ahead and bought a ticket for M.F. to fly out on Dec. 18, but N.F. didn’t put their daughter on the plane.

At a Dec. 22, 2010, hearing, the trial court found the mother to be in contempt, ordered her to pay $300 in attorney fees, and purchase a round-trip ticket for M.F. to travel to Florida Dec. 27 through Jan. 2, 2011.

The Court of Appeals found N.F. presented a prima facie case that the trial court abused its discretion in finding her in contempt. N.F. pointed out that the June 2010 order didn’t specify how travel arrangements would be made for J.T.’s winter break parenting time, nor did it expressly state that the mother was responsible for buying a ticket to make sure M.F. saw her father. N.F. also presented evidence that both parties knew there was a possibility that Dec. 20 could be used as a make-up day for school and that J.T. had access to the school calendar online.

Because they reversed the contempt finding, the judges also reversed the order that N.F. pay $300 in attorney fees. But they upheld the order she buy a round-trip ticket for M.F. to visit her father during the second week of her winter break.

Judge James Kirsch dissented without opinion.
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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