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West v. Barnes

Supreme Court of Georgia
Feb 20, 1985
328 S.E.2d 367 (Ga. 1985)

Opinion

41835.

DECIDED FEBRUARY 20, 1985.

Contempt. Baldwin Superior Court. Before Judge Prior.

Eva L. Sloan, for appellant.

J. Stanley Smith, Jr., for appellee.


Thomas West was found in wilful contempt of the court's order concerning visitation of his two children with their maternal grandparents. He was also ordered to pay $250 in attorney fees. This court granted his application to appeal.

1. We find no error in the trial court's finding that West was in wilful contempt of the court order of visitation. There was evidence to support this finding. If there is any evidence to support the trial court's finding of wilful disobedience or absence of wilful disobedience of the trial court's order, this finding will be affirmed on appeal. Crowder v. Crowder, 236 Ga. 612 ( 225 S.E.2d 16) (1976).

2. The lower court erred in awarding attorney fees to appellees. Attorney fees may not be recovered in contempt proceedings in which the only issue is child custody or visitation rights. Keith v. Keith, 248 Ga. 819 ( 286 S.E.2d 434) (1982).

Judgment affirmed in part; reversed in part. All the Justices concur.

DECIDED FEBRUARY 20, 1985.


Summaries of

West v. Barnes

Supreme Court of Georgia
Feb 20, 1985
328 S.E.2d 367 (Ga. 1985)
Case details for

West v. Barnes

Case Details

Full title:WEST v. BARNES

Court:Supreme Court of Georgia

Date published: Feb 20, 1985

Citations

328 S.E.2d 367 (Ga. 1985)
328 S.E.2d 367

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