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In the Interest of S. M.

The juvenile court improperly dismissed the father's petition for termination of guardianship on the basis that he failed to comply with an order of the court, because the juvenile court improperly construed requirements in that order.

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Acting pro se, John Mulkey, the father of 17-year-old S. M.,1 appeals from an order of the Juvenile Court of Bartow County dismissing his petition for termination of guardianship on the basis that he failed to comply with an order of the court. Mulkey also appeals the judgment entered on the legal guardian’s counterclaim for contempt, wherein the guardian alleged Mulkey wilfully failed to pay child support. For the following reasons, we affirm the judgment of the court to the extent that it ordered Mulkey to pay child support arrearage; we vacate the judgment to the extent that it dismissed Mulkey’s petition for termination of guardianship; and we remand the case to the trial court for further proceedings.

On September 13, 2013, Mulkey, through counsel, filed a “Petition to Vacate Permanent Guardianship Pursuant to OCGA § 15-11-30.1 2 D.”2 Mulkey sought to be reunited with his child on the basis that the circumstances upon which he had consented to the appointment of a permanent legal guardian for his child no longer existed, and that he had complied with and completed the requirements of a court-ordered reunification case plan created by the Department of Family and Children Services. Mulkey attached as an exhibit to his petition a copy of the Order of Permanent Guardianship entered by the court on January 14, 2011. The juvenile court issued an order approving the filing of the petition, and directing the matter to be scheduled for a hearing.

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