Jordan v. Binford CA5
In this family law case, appellant Bryan Binford (Bryan) claimed that his ex-wife, respondent Shawn Binford Jordan (Shawn), had willfully disobeyed a custody and visitation order that granted to Bryan supervised visitation every other Saturday with the parties’ three children. Bryan filed an affidavit in the trial court alleging contempt; an order to show cause was issued, and a hearing was held on the contempt charge. After Bryan presented his evidence at the hearing, the trial court found Shawn not guilty of contempt because Bryan had failed to present sufficient evidence, or proof beyond a reasonable doubt, that Shawn had willfully disobeyed the subject order. Bryan’s request at the contempt hearing for an award of need-based attorney fees was also denied, without prejudice. Bryan appeals from the trial court’s order adjudicating the contempt charges and denying attorney fees. We conclude that Bryan has failed to demonstrate an abuse of discretion.
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