Nancy Michelle Murphy et al.v.John Harold Murphy
In this continuing custody-modification dispute, the Georgia Court of Appeals reviewed contempt findings against Nancy Michelle Murphy and her attorneys. The trial court held attorney Millard Farmer in indirect criminal contempt for violating an order barring discussion of the case with the children; the record showed that Farmer signed a brief attaching the children’s affidavits about the case. The trial court also held Murphy in civil contempt for refusing to sign forms needed for a court-ordered custody evaluation, and held Farmer and Larry King in contempt because Murphy did not personally attend the contempt hearing. The appellate court affirmed Farmer’s contempt, concluding that he received adequate notice and that the evidence supported the finding. It affirmed Murphy’s contempt because her response expressly refused to sign the forms required by the August 23 order. But it reversed the contempt findings against Farmer and King based on Murphy’s absence: without a subpoena or court order requiring her personal appearance, she could appear through counsel. The court also held that the pending appeal of the custody-related order did not suspend its enforceability. The contempt order was affirmed in part and reversed in part.
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