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