Pamela Gadams Brownv.Brent Murdoch Brown
After divorcing in 2015, Pamela Gadams Brown and Brent Murdock Brown shared custody of their two children under a parenting plan giving each parent two consecutive weeks of uninterrupted summer parenting time. The parents had sometimes used nonconsecutive days, but they disputed the meaning of the plan when the father continued selecting scattered days and the mother sought a declaration before planning an Africa trip. The trial court denied declaratory relief and awarded the father attorney fees. The Court of Appeals of Georgia held that an actual controversy existed because the father’s conduct continued to conflict with his later assertion that he accepted the mother’s interpretation. Reading the plan according to ordinary contract principles, the court held that each parent may select two consecutive, uninterrupted weeks; the plan does not authorize up to fourteen scattered days. It reversed the denial of declaratory judgment, reversed the OCGA § 9-15-14 (b) fee award, and vacated the OCGA § 19-9-3 (g) award. The case was remanded for reconsideration of any fees attributable solely to sanctionable conduct in the custody claims.
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