GINGER A. McKINNEY, NOW GINGER L. SUTPHIN, Plaintiff,
JOSEPH A. McKINNEY, JR., Defendant.
in the Court of Appeals 8 February 2017.
by Defendant from orders entered 25 September 2014 and 22
March 2016 by Judge Teresa H. Vincent in Guilford County
District Court No. 02 CVD 8173.
Early Harris Wheeler, LLP, by A. Doyle Early, Jr., and Arlene
M. Zipp, for the Plaintiff-Appellee.
Robbins Yates & Ponton LLP, by Tobias S. Hampson and K.
Edward Greene, for the Defendant-Appellant.
A. McKinney, Jr., ("Father") appeals from two
orders of the district court entered during the course of a
dispute between Father and Ginger A. McKinney (Sutphin)
("Mother") regarding the custody of their
adolescent son, Max.Specifically, Father appeals (1) the
district court's September 2015 order finding him in
civil and criminal contempt (the "Contempt Order"),
and (2) the district court's March 2016 order (the
"Fee Award Order") denying his motion for relief
from judgment or new trial and awarding attorney's fees
and Father separated in 2002 when Max was two years old. For
a period of time, the parties shared custody of Max. In 2009,
when Max was ten years old, the parties entered into a
consent order (the "2009 Custody Order") which
awarded primary physical custody of Max to Mother and
provided a specific schedule for Father's visitation.
early 2014, Max expressed a strong desire to move from
Greensboro, where he resided with Mother, to live with Father
in Wilmington. In May 2014, Father filed a motion to modify
custody with the district court.
2014, before Father's motion to modify custody was heard,
Max left Greensboro on his own and traveled to Wilmington to
stay with Father. In July 2014, the parties entered into a
consent order (the "2014 Consent Order") providing
that Max would return to Greensboro.
in August 2014, Max again traveled on his own to Wilmington,
staying for approximately one month with Father and attending
high school in Wilmington. Mother then filed the second show
cause motion based on Father's failure to return Max to
hearing was held during the week of 8 September 2014 during
which the district court orally rendered its decision,
finding Father in criminal and civil contempt for
failure to comply with the 2009 Custody Order and the 2014
September 2014, Max returned to live with Mother in
September 2014, the district court entered a written order
(the "Contempt Order"), reducing its prior oral
decision finding Father in civil and criminal contempt to
December 2014, the district court entered an order on
Father's custody modification motion, awarding ...