"After a finding of contempt, the statutes permit courts to award several different remedies, depending on the facts of the case and whether the contempt is civil or criminal in nature." Watts v. Watts , 519 S.W.3d 572, 577 (Tenn. Ct. App. 2016) (citing Tenn. Code Ann. §§ 29-9-103 to - 105). Husband argues that under the law applicable at the time of the proceedings below, not all contempt findings allowed a trial court to award compensatory damages such as attorney fees.

A civil contemnor "carries the keys to his prison in his own pocket." Id.; Watts v. Watts, 519 S.W.3d 572, 577 (Tenn. Ct. App. 2016). But, this legal fiction presumes that the civil contemnor has the present ability to pay the amount required.

Mother correctly points out that attorney's fees may not be awarded as a sanction for criminal contempt. See Watts v. Watts, 519 S.W.3d 572, 578 (Tenn. Ct. App. 2016). Punishment for criminal contempt is limited to either a fine, imprisonment, or both. Tenn. Code Ann. § 29-9-103(a) (2012).

Before the 2018 amendment, this court had specifically held that Tennessee Code Annotated section 36-5-103(c) "does not authorize a court to award attorney's fees related to criminal contempt." Watts v. Watts, 519 S.W.3d 572, 585 (Tenn. Ct. App. 2016) (noting that the Legislature might wish to consider amending the statute)

In child support and custody cases, "the purpose of awarding legal fees . . . is to protect the rights and legal remedies of children." Watts v. Watts, 519 S.W.3d 572, 586 (Tenn. Ct. App. 2016) (citing Sherrod v. Wix, 849 S.W.2d 780, 785 (Tenn. Ct. App. 1992)). Similarly, in relocation matters, the noncustodial parent's right to oppose the relocation is derivative of the child's interests.

Because the award of attorney's fees and expenses against Father was made as part of the contempt action, we vacate those awards as well. See Williams, 2013 WL 3927934, at *18 (vacating both finding of contempt and the award of attorney fees made as punishment for the alleged contempt); cf. Tenn. Code Ann. § 29-9-103(b) (2012) (limiting the punishment that a court may impose for a finding of criminal contempt); Watts v. Watts, 519 S.W.3d 572, 578 (Tenn. Ct. App. 2016) ("[A]n award of attorney's fees in the context of criminal contempt is generally not authorized by Tennessee law."). On remand, the court may hold an evidentiary hearing, if necessary, in order to comply with our mandate.

The revised version of the statute specifically allows attorney's fees incurred in contempt proceedings and matters involving permanent parenting plans, whereas the earlier language did not. See, e.g., Watts v. Watts, 519 S.W.3d 572 (Tenn. Ct. App. June 8, 2016) (reversing attorney's fee award for criminal contempt action for lack of statutory authority). The old version controls the instant case.

Mr. Odom concedes that he has been unable to present authority for awarding attorney's fees to a party under these factual circumstances because, as this Court has previously explained, "the purpose of criminal contempt is to uphold the authority and power of the trial court" and because "attorney's fees are not within the statutory limits to criminal contempt." See Watts v. Watts, 519 S.W.3d 572, 585 (Tenn. Ct. App. 2016). As the Watts Court concluded:

We note that "attorney's fees are not within the statutory limits to criminal contempt under Tenn. Code Ann. § 29–9–103." Watts v. Watts , 519 S.W.3d 572, 585 (Tenn. Ct. App. 2016). As this Court has explained:

Father concedes that Mother is correct in asserting that attorney's fees may not be awarded in the context of a criminal contempt proceeding. In Watts v. Watts, 519 S.W.3d 572 (Tenn. Ct. App. 2016), this court observed: [A]lthough attorney's fees may be a logical and potentially effective part of a sentence for criminal contempt, and the legislature may wish to consider this issue in the future, we do not believe that the legislature has "specially provided" for attorney's fees as an additional punishment elsewhere under the present statutory provisions.