J.K. v. S.S.
J.K. v. S.S. No. 3811 EDA 2016
| Pa. Super. Ct. | Jul 3, 2017Background
- Mother (J.K.) had primary physical custody; Father (S.S.) obtained expanded, then unsupervised, custody by orders entered in 2015–2016.
- Mother allegedly withheld visitation from Father for over two months after his incarceration and release; Father filed a petition for contempt on Oct. 24, 2016.
- Father’s counsel personally contacted and then served Mother with the contempt petition; hearing set for Nov. 16, 2016; notice sent Oct. 26, 2016.
- Mother, appearing pro se, requested a continuance two days before the hearing because she had not secured counsel; the trial court denied the continuance.
- At the Nov. 16 hearing Mother admitted she knew the custody orders and willfully withheld visitation; the court found her in contempt and awarded Father $750 in attorney’s fees as compensatory sanctions.
- Mother appealed pro se, challenging denial of the continuance and the $750 fee award; the Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument (J.K.) | Defendant's Argument (S.S.) | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying a continuance | Denial deprived her of counsel and would not prejudice Father | Continuance would unduly delay Father’s long-deferred access to the child | Court: No abuse of discretion; denial appropriate given notice and delay tactic by Mother |
| Whether the trial court erred in finding contempt | Mother argued she withheld visitation out of safety concerns and thought facts could be addressed at hearing | Father showed notice of orders and willful noncompliance; contempt elements met | Court: Contempt finding affirmed; Mother had notice, acted volitionally, and wrongfully withheld visitation |
| Whether the $750 attorney-fee sanction was unreasonable or unsupported | Mother asserted indigency, short hearing duration, and no proof of fees/invoice | Father’s counsel documented work (contact, drafting, service, hearing); attorney fees are compensatory sanction | Court: Issues waived for failing to object below; in any event fee award was reasonable and not upset on appeal |
Key Cases Cited
- In re K.J., 27 A.3d 236 (Pa. Super. 2011) (trial court has broad discretion on continuances; abuse of discretion standard)
- P.H.D. v. R.R.D., 56 A.3d 702 (Pa. Super. 2012) (standards for civil contempt, elements to prove, and permissibility of compensatory attorney-fee sanctions)