RIPLEY v RIPLEY

The Applicant asked that Court find the Respondent in Contempt of Court for denying parenting time. Justice Poelman identified the common law requirements of Civil Contempt and noted that, while Rule 10.52 codified the common law requirements, it also expressly provided that the breach of a Court Order must be without a reasonable excuse. Ultimately, Justice Poelman noted that the Court’s powers under Rule 10.52 are discretionary, and that Contempt remedies should be used with restraint. Justice Poelman ultimately denied the application finding that Contempt was not proven beyond a reasonable doubt.