Rodock v. Pommier, 225 So. 3d 512

Parents (Pauline Rodock and Brad Pommier) dispute relocation/custody of their son J.P.; prior 2011 stipulated order allowed a temporary move to Kansas when Pauline’s husband was stationed there.
In 2015 Pauline intended to relocate J.P. to Kansas again but did not provide the statutory notice under La. R.S. 9:355.5; Brad filed opposition and a motion to modify custody. A preliminary injunction prohibited relocation pending a hearing.
The trial court conducted an in-chambers interview of the child on June 1, 2015; relocation/custody hearings continued June 19 and June 22, 2015, when Pauline moved to recuse the judge. The recusal motion was denied after procedural delays and review of transcripts.
Pauline relocated the child to Kansas in July 2015 in violation of the injunction; Brad filed a contempt rule. The child was returned to Louisiana in March 2016. Additional relocation litigation to South Carolina followed, rendering the Kansas relocation ruling moot.
Trial court (Feb. 23, 2016) found Pauline in contempt, assessed contempt-related costs against her, denied relocation to Kansas, and awarded Brad $3,800 for expenses (based on his testimony about attorney payments).
On appeal this court affirmed the denial of recusal and the contempt finding/costs, held the Kansas relocation issue moot, and reversed the $3,800 award because La. R.S. 9:355.6(3) allows “reasonable expenses” but not attorney fees. All appeal costs assessed to Pauline.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Motion to recuse judge	Judge showed bias/prejudgment by comments, in-chambers remarks, scheduling favoring Brad	Comments were credibility-based/adverse rulings; no extrajudicial bias; remedy orders showed impartiality	Denied — allegations stemmed from in-court proceedings and were insufficient to show substantial extrajudicial bias; recusal not required
Contempt for relocating child	Pauline believed prior 2011 order allowed move; denied intentional defiance	She violated the injunction and court interpretation that child could not leave Louisiana pending hearing	Affirmed — move was willful violation; contempt finding and assessment of rule costs against Pauline upheld
Relocation to Kansas (merits)	Pauline sought permission to relocate to Kansas to join military husband	Brad opposed relocation and sought return/modification	Rendered moot — child returned and subsequent South Carolina relocation proceedings made Kansas issue advisory; court declined to decide
Award of $3,800 expenses to Brad	Awardable as "reasonable expenses" under La. R.S. 9:355.6(3) (Brad testified he paid $3,800 to his attorney)	Statute allows reasonable expenses but does not authorize attorney fees; insufficient proof of non-fee expenses	Reversed — statute does not permit attorney-fee awards; no record support for specific travel/gas expense award

David v. David, 157 So.3d 1164 (La. App. 3 Cir. 2015) (recusal standard requiring substantial, nonconclusory showing of bias)
Covington v. McNeese State Univ., 32 So.3d 223 (La. 2010) (adverse rulings alone do not establish bias; recusation requires substantial proof)
Augman v. City of Morgan City, 864 So.2d 248 (La. App. 1 Cir. 2003) (bias from testimony/evidence in proceedings is not extrajudicial and insufficient for recusal)
Earles v. Ahlstedt, 591 So.2d 741 (La. App. 1 Cir. 1991) (judge presumed impartial; adverse rulings don’t alone show bias)
LeJeune v. Lafayette Tower Service, 653 So.2d 112 (La. App. 3 Cir. 1995) (trial court’s contempt remedies reviewed for abuse of discretion)
Suire v. Lafayette City-Parish Consol. Gov’t, 907 So.2d 37 (La. 2005) (appellate courts will not issue advisory opinions on moot questions)
Odell v. Odell, 139 So.3d 1275 (La. App. 3 Cir. 2014) (La. R.S. 9:355.6(3) permits reasonable expenses but does not authorize attorney fees)
Campbell v. Melton, 817 So.2d 69 (La. 2002) (general rule: attorney fees are recoverable only when statute or contract expressly allows them)