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Stewart v. Stewart

The modification of ex-wife's visitation rights requiring ex-husband to purchase son's airfare to see his mother did not amount to an unauthorized change in child support.

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Permission to file a discretionary appeal from a citation for contempt of a visitation order was granted under the following circumstances: Deborah Ann Stewart and Richard Allen Stewart were married in 1988 and had a son, R. S., born in September 1989. Richard and Deborah were divorced in 1996, and primary physical custody of R. S. was placed with Richard. Deborah was given some visitation every weekend and extended visitation once the school year ended: From the Saturday following the last day of school until the day before school reconvenes, or from June 1 to September 1.

Shortly after the divorce, Deborah moved to Texas. Logistically, she could only exercise visitation on the third weekend of the month. Yet Richard repeatedly failed to use plane tickets Deborah sent for R. S., causing her to incur losses and transfer fees. In April 1999 Deborah initiated this contempt action, alleging that, since August of 1998, Richard denied Deborah her visitation right by refusing to put Ryan on a plane to Houston, Texas, despite being ordered to do so after an earlier contempt hearing. In his answer, Richard denied the material allegations, counter-moved for contempt, and further petitioned for a modification of custody, visitation, and child support. Two weeks before the scheduled hearing, however, Richard dismissed his petition to modify custody, visitation, and child support, without prejudice.

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