Mandi Lynn Kleinpeter, N/K/A Mandi Lynn Deleon v. Dedrick Ray Kleinpeter
2017 WY 76
| Wyo. | 2017Background
- Mandi Kleinpeter (Mother) and Dedrick Kleinpeter (Father) divorced; the Decree awarded Mother custody and granted Father "reasonable visitation" with initial six months supervised by a third party such as Casper Family Connections (paid by Father).
- Decree also contained a broad cooperation clause requiring both parents to "make every reasonable effort to insure free access of the child[ren] to and unhampered contact with both parents."
- Father sought contempt after Mother stopped permitting in-person and telephonic contact; Father had about six in-person visits between March and early July 2016 and telephonic contact earlier in 2016 on an agreed (but not court-ordered) schedule.
- Mother later refused visitation except when supervised by Casper Family Connections and admitted she stopped telephone contact and refused visits after July 3, 2016; children asked to see Father during the refusal period.
- District court found Mother willfully violated the Decree (both visitation and cooperation provisions) by clear and convincing evidence and held her in civil contempt, ordering she could purge by allowing alternating weekends/holidays after the six-month supervisory period.
- Mother appealed only the contention that the Decree’s visitation terms were insufficiently specific to support a contempt finding; the Supreme Court of Wyoming affirmed.
Issues
| Issue | Father’s Argument | Mother’s Argument | Held |
|---|---|---|---|
| Whether the Divorce Decree constituted an effective, sufficiently specific court order for visitation to support civil contempt | Decree and cooperation clause created an enforceable order; Mother willfully prevented visitation and phone contact | Decree lacked specificity (no detailed schedule) so contempt was improper; IC v. DW requires more detail | Affirmed. Decree was sufficiently clear; Mother willfully interfered with visitation and phone contact |
Key Cases Cited
- IC v. DW, 360 P.3d 999 (Wyo. 2015) (visitation orders must sometimes be specific to be enforceable; court remanded for more detailed schedule)
- JLK v. MAB, 375 P.3d 1108 (Wyo. 2016) (elements of civil contempt and burden shifting; order must be clear, specific, unambiguous for willfulness)
- McAdam v. McAdam, 335 P.3d 470 (Wyo. 2014) (clear-and-convincing evidence standard for civil contempt)
- Shindell v. Shindell, 322 P.3d 1270 (Wyo. 2014) (standard of review for contempt in domestic relations)