James v. James

Dolores James, the mother, appeals from an order denying her Motion for Contempt and Other Relief. We affirm the denial of the motion, but remand for further proceedings consistent with this opinion.

The parties were divorced in 1976. The final judgment dissolving marriage incorporated the parties’ property settlement agreement. The final judgment stated that the father, Russell W. James, would have permanent custody of the parties’ minor child, Kristy Ann James, who was approximately six years old at the time. The property settlement agreement provided, in part, as follows: “Husband agrees to…