Trial court’s corder entered in post-divorce lititation, AFFIRMED; trial court did not abuse its discretion in finding mother in contempt for taking parties’ 11 year-old son to counseling because trial court’s previous order gave father final decision-making authority for child’s health and medical issues, and father disappoved of therapist to wom mother took child; trial court did not err when, after finding that mother withheld visitation from father, it dismissed contempt, visitation, and custody portions of mother’s petiton and did not permit mother to present evidence on merits of dismissed claims, pursuant to OCGA 19-9-24 (b); because mother filed current petition for modificaiton of child support 11 months after trial court dismissed her earlier petition for modificaiton of child support, trial court did not err in dismissing portion of mother’s peition seeking modificaiton of child support, pursuant to OCGA 19-6-15 (k)(2); trial court did not err as matter of law when it refused to allow guardian ad litem to interview child’s therapist without father’s consent because mother previously consented to entry of modified consent order appointing guardian ad litem and providing that guardian was not authorized to speak with child’s  therapist without permission of both parents; trial court did not abuse its discretion when it ordered mother to pay remainder of fees owed guardian ad litem because mother was ot prevailing party, and no statute required that trial court consider parties’ relative financial circumstances when apportioning shares of guardian’s fees pursuant to consent order ; trial court did not abuse its discretion in declining to apply rule of sequestration to unidentifed woman in courtroom because woman did not testify; trial court did not lack jurisdiction to deny mother’s motion to set aside award of attorneys’ fees, despite fact that mother previously filed notice of appeal from underlaying judgment, because underlying judgment was final, and trial court’s award of attorney’s fees did not supplment, ament, alther, ormodify that judgment; mother’s application for sicretionary review of denial or her motion to set aside award of attorneys’ fees, proper, because where both OCGA 5-6-34 (a) and 5-6-35(a) are involved, application for appeal is required when uderlying subject matter of appeal is listed in 5-6-34(a).

Avren v. Garten, S11A0688 (05/16/2011).

Fulton County Daily Report, May 27, 2011

Judgment denying father’s motion to vacate judgment of divorce AFFIRMED, and judgment modifying father’s custody order, AFFIRMED; father’s contention that divorce court lacked jurisdiction based on residency of his children, whom he alleged resided in Ethiopia when divorce was filed and when divorce decreee was issued in 2006, was moot, since trial court entered 2010 custody modificaiton and parenting plan order, it was uncontested that children and their mother resided in Dekalb county then and father submitted himself to trial court’s personal jurisdcition when he filed his cusotdy modificaiton pleading and he appeared for hearing on same; father’s contention that trial court erred in failing to make jurisdictional findings regarding children’s home state in body of 2010 custody modificaiton and parenting plan on basis that Uniform Child Custody Jurisdiciton Act generally requires such findings, rejected, since there is no such authority where, as here, trial court did not decline jurisdiciton on basis of being inconvenient forum or stay matter because of another custody action in foreign jurisdiciton.

Wondium v. Getachew, S11A0647 (05/16/2011)

Judgement modifying parties’ custody, child support and visitation and ruling that father was in contempt for failing to enroll parties’ son in Henry county school system as agreement incorporated into parties’ final divorce decree required, AFFIRMED; record supported trial court’s conclusion that father willfully failed to enroll his son in Henry county school system as  agreement required, particularly in light of his failure to communicate with child’s mother before moving child out of state and his failure to seek judicial reevaluation of custody based upon his planned move;  father’s contention that trial court ‘ “erred by relying on a facially invalid self-executing custody provision”‘ in parties agreement, REJECTED, as agreement included no such provision; father’s claim that agreement ‘ “effectively restricted him from establishing residence anyway other than Henry County” ‘ and constituted unlawful attempt to retain jurisdiction over child REJECTED, since agreement provided only that judicial reevaluation of custody would be triggered if father moved; issuance of final order modifying custody in separate action mooted father’s claim of error regarding trial court’s ex parte emergency order in contempt action; evidence supported trial court’s finding that father ‘ “fled with the child to an out-of-state undisclosed location and hid the child.  the father intentionally avoided contact with the mother for a significant amount of time;” ‘ record belied defendant’s contention that trial court concluded that defendant’s military assignment prevented him from providing stable home environment for the child.

Roberts v. Kinsey, A10A2122 (03/23/2011)

Fulton County Daily Report:  April 8, 2011

Judgment denying father’s motion to vacate judgment of divorce AFFIRMED, and judgment modifying father’s custody order, AFFIRMED; father’s contention that divorce court lacked jurisdiction based on residency of his children, whom he alleged resided in Ethiopia when divorce was filed and when divorce decree was issued in 2006, was moot, since trial court entered 2010 custody modification and parenting plan order, it was uncontested that children and their mother resided in DeKalb county then and father submitted himself to trial court’s personal jurisdiction when he filed his custody modification pleading and he appeared for hearing on same;  father’s contention that trial court erred in failing to make jurisdictional findings regarding children’s home state in body of 2010 custody modification and parenting plan on basis the Uniform Child Custody Jurisdiction Act generally requires such finds, rejected, since there is no such authority where, as here, the trial court did not decline jurisdiction on basis of being inconvenient forum or stay matter because of another custody action in foreign jurisdiction.

Sondium v. Getachew, 11 FCDR 1470

From:  Fulton County Daily Report:  May 27, 2011

Criminal contempt order requiring Rhode Island resident to pay $5K fine and be imprisoned for 200 days for her failure to comply with terms of temporary modification of parental grandparents’ visitation rights to her two children REVERSED; trial court had jurisdiction over grandparents’ modification action, since initial custody determination complied with OCGA 19-9-61, children’s father still lived in Georgia, and personal jurisdiction over mother was not necessary in order to address requested modification; trial court lacked personal jurisdiction under Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) over mother for contempt and personal service of mother outside Georgia was invalid under circumstances;  Court relied on Ashburn v. Baker, 256 Ga. 507 (1986), which held that Georgia courts did not have personal jurisdiciton over non-risident mother, who was served outside Georgia, under either now-repealed UCCJEA or long arm statutue, and found the UCCJEA required same result; UCCJEA specifically addresses continuing jurisdiction of cusotdy issues, but not contempt issues and it did not repeal any existing statutory provisions covering divorce, custody, alimony or child support procedures; mother did not admit personal jurisdiciton when she failed to respond to discovery served with complaint, since return of service only showed that she was served with summons and complaint, not discovery; contempt order was not enforceable in Rhode Island pursuant to UCCJEA, since applicable provisions referred to custody determinations and did not includ contempt orders.

Daniels v. Barnes,  A07A1719 (03/04/08), 08 FCDR 795

Fulton County Daily Report, 03/21/2008

Denial of appellant’s motion to dismiss appellee’s complaint to record and modify Alabama child support order, REVERSED; trial court erred by finding that appellant was Georgia resident for these purposes and also erred by awarding attorneys’ fees to appellee on modification action; trial court erred in ruling that appellant resides in Georgia, since there was extensive evidence that appellant continues to consider Alabama his home and he intends to remain there.

Kean v. Marshall, A08A0828 (11/10/08), 08 FCDR 3730

Fulton County Daily Report, 12/05/2008.

Denial of defendant’s motion to dismiss former husband’s petition for modification and temporary reduction of alimony to $3K per month, REVERSED; couple divorced in Cobb county in December of 2008, and settlement agreement required former husband to pay defendant monthly $4.2K alimony sum for 12 years, defendant moved to Cherokee county and filed contempt motion in Cobb county, which was heard in February 2009 and, thereafter, former husband filed instant petition for modification of alimony; trial court erred in failing to dismiss former husband’s action for improper venue, because proper venue in alimony-modifiaciton action is defendants county of residence.

Parris v. Douthit, S10A0165 (04/19/2010), 10 FCDR 1425

From:  Fulton County Daily Report (04/30/2010)

Dismissal of mother’s petition for change of custody, which included request for child support, REVERSED; trial court erred in ruling that it lacked jurisdiction over matter, on basis that child was 18 years old when it held hearing, since mother filed petition when child was still minor and child’s change of legal custody, even for brief period of time prior to his majority, was relevant to question of child support for that period of time; ruling on child support petition after child reached majority did not divest mother of her right to seek award of child support from time peition was filed through remaining period of child’s majoirty;  O.C.G.A. § 19-6-15(e) provides that custodial parent may seek to extend child support payments for child who has reach age of majority, but has not completed his or her secondary education, as alleged herein; trial court erred in failing to consider mother’s petition for change of custody as petition for child support, since petition included request ofr child support and child support claim was inextricably tried to mother’s peition to gain legal custody as O.C.G.A. § 19-6-19 requires.

Wade f/k/a Corinthian v. Corinthian, S08A0363; S08A0363 (05/19/08), 08 FCDR 1694.

From:  Fulton County Daily Report (05/30/08)

Judgment for mother AFFIRMED 4-3;  Weaver v. Jones, 260 Ga. 493 (1990) decided question of whether father’s petition seeking declaratory judgment as to his obligation for past child support stated claim for relief; father needed direction from judicial tribunal to remove uncertainty regarding consequences of his planned future actions in continuing to deny mother’s claim of back-due child support based on his understanding of formula set forth in parties divorce decree.

Acevedo v. Kim F/K/A Acevedo, S08A0798 (11/03/08)

From the Fulton County Daily Report (11/14/2008).

Judgment on parties’ divorce case, REVERSED, as trial court erred in finding that 10-yer requirement set forth in Uniformed Services Former Souses’ Protection Act, 10 USC § 1408 (d) (2), prevented it from making equitable division of husband’s military retirement benefits; 10-year requirement is simply limitation on direct payment mechanism of that Act and has no bearing on state court’s authority to treat military retirement benefits as divisible marital property; trial court DID NOT manifestly abuse its discretion in denying wife’s motion to supplement appellate record.

Michel v. Michel, S10F0372 (03/29/10), 10 FCDR 1012

From:  Fulton County Daily Report (04/09/2010)