Assidon v. Abboushi, 16 A.3d 939

Appellant Sion Assidon and appellee Jenine Abboushi dispute sole legal and physical custody of their minor son in DC.
DC Superior Court exercised emergency jurisdiction under UCCJEA to issue temporary custody and protective orders.
Trial in November 2009 found domestic violence by Assidon and limited supervised visitation; moved to address child’s best interests.
During proceedings, counsel suggested attorney’s fees; court indicated authority to decide the issue and requested briefing.
January 19, 2010 order awarded $10,000 retroactive attorney’s fees and prospective fees; February 2, 2010 bench modification retained retroactive award but ended prospective fees.
Appellant appealed challenging both the court’s authority and the discretionary amount of attorney’s fees; the Superior Court judgment awarding fees was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Authority to award fees under UCCJEA emergency jurisdiction	Assidon: no statutory authority to award fees in this context	Abboushi: emergency jurisdiction permits fee awards to protect the child	Court had authority to award attorney's fees
Reasonableness and discretion of the fee award	Assidon: award exceeds allowable discretion given the facts	Abboushi: factors support fee award and amount	No abuse of discretion; fee award affirmed

Prost v. Greene, 675 A.2d 471 (D.C. 1996) (authority to award attorney's fees where counsel is necessary to protect children's interests)
Maybin v. Stewart, 885 A.2d 284 (D.C. 2005) (reaffirmed fee authority in child visitation context)
Steadman v. Steadman, 514 A.2d 1196 (D.C. 1986) (abuse-of-discretion standard for fee decisions requires strong showing to overturn)
Rachal v. Rachal, 489 A.2d 476 (D.C. 1985) (factors informing fee awards include services, finances, and child’s best interests)
Martin v. Tate, 492 A.2d 270 (D.C. 1985) (considerations include quality of services, parties’ ability to pay, and child-related interests)