Thibodeaux v. Thibodeaux, 104 So. 3d 768

Thibodeaux and Perkins are divorced parents of two children with a joint/custodial arrangement at issue.
Perkins moved to Houston and sought relocation and related custody relief, pending before the trial court.
On August 12–15, 2011, Perkins attempted to take their son; a civil warrant was sought and then issued by a judge not presiding, leading to the child’s return and later vacatur.
Thibodeaux moved to quash the civil warrant and sought costs and attorney fees for the wrongful issuance; the warrant was vacated on August 22, 2011.
At the October 25, 2011 custody/relocation hearing, the court also addressed attorney fees for the civil warrant issue and ultimately awarded Perkins’s civil-warrant-related fees to Thibodeaux; the December 1, 2011 judgment awarded Thibodeaux $750 in fees.
Perkins appeals the attorney-fee ruling only, challenging the trial court’s authority to sanction for wrongful issuance of the civil warrant.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by awarding attorney fees for wrongful issuance of a civil warrant.	Perkins argues statutes limit or do not authorize such fees.	Thibodeaux argues the warrant procedures and fees are proper under law.	Reversed; fees award improper; judgment on fees reversed and rendered.

In re Downing, 930 So.2d 897 (La. 2006) (footnote cited to limit civil-warrant applicability in joint custody)
Garcia v. Garcia, 49 So.3d 601 (La. App. 3 Cir. 2010) (contempt review in custody litigation context)
Lang v. Asten, Inc., 918 So.2d 453 (La. 2006) (contempt standard for wilful disobedience)
Fink v. Bryant, 801 So.2d 346 (La. 2001) (discretionary contempt determination)
Barnes v. Barnes, 957 So.2d 251 (La. App. 3 Cir. 2007) (trial court discretion on contempt findings)