Family — contempt

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Wisconsin Court of Appeals

Civil

Family — contempt

Sara M. Marcott appeals a circuit court order finding her in contempt of court for violating that part of the judgment of divorce that awarded her and her ex-husband, Lonnie, joint legal custody of their two minor children. The court found Sara in contempt because she moved the children from a school in the Greenwood school district to a school in the Auburndale school district without Lonnie’s consent.

On appeal, Sara contends that the circuit court erred in making its contempt finding because: (1) she was the “primary caretaker” of the children, pursuant to Wis. Stat. § 767.41(6)(c), and therefore she had “primary rights regarding the children’s education” and Lonnie only had “residual parental rights;” (2) a party cannot “be held in contempt for a purported violation of a statutory provision not specifically incorporated into an order” of the court; and (3) the circuit court failed to properly apply the law to the facts of this case. For the reasons we explain below, we reject Sara’s arguments and affirm. This appeal will not be published.

2013AP96 In re the Finding of Contempt in re the Marriage of Marcott v. Marcott

Dist IV, Clark County, Counsell, J., Higginbotham, J.

Attorneys: For Appellant: Grace, David L., Wisconsin Rapids; For Respondent: Wachsmuth, Bonnie, Owen