KATHRYN A. DUKE v. HAROLD W. DUKE, III - Articles

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Posted by: Suzanne Craig Robertson on Oct 22, 2014

Head Comment: CORRECTION: The Correction is as follows: On page one (1) of the opinion Attorney Lawrence J. Kamm has been added to the attorney information listing for the Appellee Kathryn A. Duke.

Court: TN Court of Appeals

Attorneys 1:

James L. Weatherly and Jacqueline B. Dixon, Nashville, Tennessee, for the appellant, Harold W. Duke, III.

Attorneys 2:

Helen Sfikas Rogers and Lawrence J. Kamm, Nashville, Tennessee, for the appellee, Kathryn A. Duke.

Judge(s): MCBRAYER

This case involves the modification of a parenting plan. The trial court reduced Father’s time with the parties’ children to four hours of supervised time every other weekend. The trial court so limited the Father’s parenting time as a result of his intentional interference with the children’s relationship with Mother. Father appeals the trial court’s modification of the parenting schedule. In addition, he claims the trial court erred by: (1) limiting Father’s communication with the children; (2) refusing Father’s request to retain an expert to rebut testimony by an expert Mother and Father initially agreed would provide a recommendation about parenting time; (3) excluding certain portions of his treating physician’s testimony; (4) requiring the children to continue counseling sessions with a psychologist; (5) terminating Father’s participation in educational decisions for the children; (6) instituting a permanent injunction against Father; (7) finding Father guilty of six counts of criminal contempt; (8) finding Father in civil contempt; (9) denying Father’s requests to reopen the proof to present newly discovered evidence; and (10) awarding Mother $678,933.05 in attorneys’ fees and discretionary costs. We reverse the judgment of the trial court finding Father in civil contempt. We affirm the judgment in all other respects.

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