Christopher Michael Parker v. Courtney Williams Parker

Syllabus

In this post-divorce dispute, the mother filed a criminal contempt petition alleging the father had violated the permanent parenting plan. Two years later, the father filed a petition for criminal contempt and modification of the parenting plan. The court consolidated the competing petitions for trial. Sometime after the court began hearing proof, the mother filed a motion to change venue, arguing that the court lacked subject matter jurisdiction to modify the plan because she and the child had lived in Georgia for seven years. The court denied the mother's motion. And after completion of the trial, the court found that a material change in circumstance had occurred sufficient to modify the residential parenting schedule and that modification of the schedule was in the child's best interest. The court also found the mother in criminal contempt for violations of the parenting plan. Based on the circumstances surrounding the mother's contempt, the court ordered the mother to pay the father's attorney's fees. Upon review, we conclude that the trial court retained exclusive, continuing jurisdiction to modify the parenting plan. Based on the state of the record, we also affirm the modification of the parenting plan and the criminal contempt conviction. But we vacate the award of attorney's fees and remand for reconsideration of the amount of fees awarded.