EASLEY v. EASLEY., 238 Ga. 180, 231 S.E.2.d 763 (1976)

Supreme Court of Georgia

Status: SUBMITTED

Docket Number: 31686

Parts: HILL, Justice.

Linked as:

Summary

Judgment affirmed with direction. All the Justices concur.

Summary

Judgment affirmed with direction. All the Justices concur.

Text

Tom Strickland, for appellee.Guy B. Scott, Jr., for appellant.

1. The former husband filed a "complaint" praying that the former wife be held in contempt for depriving him of his child visitation rights. The trial judge did not err in treating the "complaint" as a motion for contempt citation filed in the divorce case. Code Ann. 81A-108 (f).

3. After finding the former wife to be in wilful contempt of court, the trial court entered an unconditional order that she spend two specified weekends in jail. The order finding the wife in contempt shows by its caption, content and purpose that it is a civil contempt order. For the differences between civil and criminal contempt orders, see Gompers v. Buck's Stove & Range Co., 221 U. S. 418 (31 SC 492, 55 LE 797) (1911); Penfield Co. v. S. E. C., 330 U. S. 585 (67 SC 918, 91 LE 1117) (1947). Civil contempt orders imposing a sentence to jail for violation of visitation rights should be conditioned upon compliance. Stanton v. Stanton, 223 Ga. 664, 668 (157 SE2d 453) (1967). See also Goetz v. Goetz, 181 Kan. 128 (309 P2d 655) (1957). Upon remand, the trial court is directed to modify its contempt order so as to make the wife's confinement in jail conditional upon her noncompliance with the order of the court.

1976