Opinion
No. 2-271 / 01-1014.
Filed August 14, 2002.
Appeal from the Iowa District Court for Scott County, DAVID E. SCHOENTHALER, Judge.
Mother appeals from visitation and contempt rulings. AFFIRMED.
M. Leanne Tyler of Tyler Associates, P.C., Davenport, for appellant.
Michael J. McCarthy of McCarthy, Lammers Hines, Davenport, for appellee.
Considered by HUITINK, P.J., and VOGEL and EISENHAUER, JJ.
Suzett Kleppe appeals the district court's denial of her application to modify the visitation provisions of the consent decree dissolving her marriage to Todd Kleppe, and appeals from two related contempt rulings. However, as Suzett's appeal from the dismissal of her contempt application is untimely, we are without jurisdiction to consider that matter. See Iowa R. App. P. 6.5(1). Upon review of the remaining issues, we affirm.
The initial decree provided for joint custody of the couples' son, Nicholas, and placed physical care with Suzett, subject to a liberal visitation schedule with Todd. In essence, Suzett sought to modify the visitation schedule because it was not working out to her satisfaction. While the record indicates some clear problems associated with visitation, we agree Suzett has failed to demonstrate a change of circumstances, since the initial decree was entered, that would justify modification. See Donovan v. Donovan, 212 N.W.2d 451, 453 (Iowa 1973).
We also conclude a contempt finding against Suzett was appropriate. The dissolution decree provided Todd with visitation from 5:00 p.m. Friday through 5:00 p.m. Sunday. When Suzett arranged for a birthday party on a Saturday afternoon, Todd agreed to relinquish Nicholas to her care on that afternoon for four and one half hours. He was free to assert his right to his remaining weekend visitation once that period of time had expired. It is Suzett's failure to honor Todd's right to his remaining visitation, rather than her violation of the special arrangement between the parties, that served as a basis for a contempt finding.
AFFIRMED.