Timothy True v. Sheena Harmon, 110 A.3d 650

In 2011 Timothy and Philippa True obtained a District Court order granting them visitation with their grandson under Maine’s Grandparents Visitation Act.
In 2014 the Trues moved to modify the visitation order after the child’s parents moved to Kentucky; Harmon opposed, filed a cross-motion, and sought dismissal for lack of jurisdiction. All parties requested attorney fees.
A magistrate issued a case management order limiting submissions to jurisdictional briefing; the box for “Attorney’s Fees” was not checked and no hearing on fees was scheduled.
The District Court dismissed the matter for lack of subject-matter jurisdiction because the parents and child resided in Kentucky, and—without a separate hearing—ordered the Trues to pay Harmon’s attorney fees and costs under 19-A M.R.S. § 105(1).
The Trues argued on clarification and appeal that the statutory requirement of “an opportunity for hearing” before awarding fees was not satisfied; the trial court maintained the parties had an opportunity via paper submissions.
The Maine Supreme Judicial Court vacated the fee award and remanded, holding the record did not show the statutorily required opportunity to be heard on relative financial ability to pay fees.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court may award attorney fees under 19-A M.R.S. § 105(1) without affording the parties an opportunity for a hearing	Trues: statute requires an opportunity to be heard on fees and the record shows no such opportunity, so fee award is invalid	Harmon: case management order and paper submissions satisfied the opportunity-to-be-heard requirement	Court: Vacated fee award; record does not show parties were afforded the required opportunity to be heard, so fee award must be reconsidered on remand

Ellis v. Ellis, 962 A.2d 328 (Me. 2008) (courts may base fee awards on parties’ relative financial ability and must ensure award is fair under the totality of circumstances)
Thorne v. Leask, 861 A.2d 690 (Me. 2004) (parties must be afforded an opportunity to be heard on disputed matters)
Kilroy v. Ne. Sunspaces, Inc., 930 A.2d 1060 (Me. 2007) (standard of review: de novo for court’s authority to award attorney fees)