Ex Parte Brister

I concur in the opinion of this court, but would also hold that the motion for contempt filed by David Brister failed to give specific notice of which provision of the divorce decree Deborah Brister allegedly violated. The motion quoted and specifically pointed out the “periods of possession” portions of the decree (including the “modification” provision), but failed to quote or otherwise specifically identify the portion of the decree directing Deborah to surrender the child.

Civil contempt proceedings are quasi-criminal in nature, and the contemnor is entitled to procedural due process…