687 S.W.3d 119
Ark. Ct. App.2024Background
- Jessica Mathis and Glen Alan Hickman, Jr. (Alan) divorced in Arkansas, with Jessica receiving primary custody of their child, MC. Multiple modifications to custody, visitation, and child support occurred over the years.
- Jessica, now residing in Rhode Island due to her husband’s military service, sought to transfer jurisdiction of the family law case from Arkansas to Rhode Island. Alan continued to reside in Arkansas.
- Jessica filed an ex parte motion in Rhode Island to suspend Alan’s visitation, which was dismissed after a conference between the Arkansas and Rhode Island judges, reaffirming Arkansas’s continuing jurisdiction.
- Alan filed for contempt in Arkansas, alleging Jessica’s interference with both his spring break visitation and phone communication with MC, contrary to explicit past court orders.
- The circuit court found Jessica in contempt, made detailed modifications to visitation and support, awarded certain attorney’s fees to Alan, but Jessica appealed these rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction and Forum | Arkansas is an inconvenient forum; Rhode Island fit | Arkansas retains continuing, exclusive jurisdiction | Denied transfer; Arkansas retains jurisdiction |
| Contempt for Interference | Evidence insufficient for contempt finding | Jessica willfully violated visitation and communication | Affirmed finding of contempt for interference |
| Contempt for RI Filing/Attorney’s Fees | No court order barred Rhode Island action; no authority | Action was interference; RI fees owed as sanction | Reversed contempt/attorney fees for Rhode Island filing |
| Calculation/Imputation of Support | Court erred imputing full-time income, ignored special needs | Jessica able to work; income properly imputed | Affirmed imputation and support calculation; no abuse of discretion |
| Division of AAL Fees | Court failed to properly allocate or justify ad litem fees | Division appropriate; ability to pay shown | Affirmed equal division of ad litem fees |
Key Cases Cited
- Doughty v. Douglas, 2017 Ark. App. 445 (UCCJEA governs jurisdiction in inter-state child custody)
- Harris v. Harris, 2010 Ark. App. 160 (Arkansas has continuing, exclusive jurisdiction unless statutory conditions met)
- Lowder v. Gregory, 2014 Ark. App. 704 (Factors for inconvenient forum under UCCJEA)
- Applegate v. Applegate, 101 Ark. App. 289 (Definite, clear violation needed for contempt)
- Taylor v. Taylor, 369 Ark. 31 (Child support modifications reviewed for abuse of discretion)
- Szwedo v. Cyrus, 2019 Ark. App. 23 (Court may order parties to pay ad litem fees)