In re MARRIAGE OF HOLLY R. AGERS, n/k/a Holly Shreves, Petitioner-Appellant,
LEE MICHAEL AGERS, Respondent-Appellee. and
Rule 23 order filed May 30, 2013
Appeal from the Circuit Court of Pulaski County No. 09-D-26 Honorable William J. Thurston, Judge, presiding.
Attorney Leslie J. Peters, Attorney for Appellant
Attorney Susan C. Burger, Attorney for Appellee
Honorable Thomas M. Welch, J., and Honorable Judy L. Cates, J. Concur.
Honorable Richard P. Goldenhersh, J.
¶ 1 Petitioner, Holly R. Agers, n/k/a Holly R. Shreves, appeals from an order of the circuit court of Pulaski County denying her amended petition for termination of visitation and a motion to stay and granting respondent Lee Michael Agers' petition for rule to show cause and motion for modification of visitation. As part of this litigation, the trial court also ordered petitioner to pay $1, 500 in attorney fees to respondent's attorney. On appeal, petitioner contends the trial court abused its discretion (1) in disregarding out-of-court statements made by the parties' minor child to her counselor, her mother, her grandmother, and her stepfather concerning alleged sexual abuse perpetrated upon her by respondent, (2) by allowing into evidence a videotape of respondent and the minor during visitation at the courthouse, (3) by denying petitioner's motion for an in camera interview with the minor, and (4) in finding petitioner in contempt and awarding respondent $1, 500 in attorney fees. We affirm.
¶ 2 BACKGROUND
¶ 3 The parties married on October 4, 2004. One child, a daughter, S.A., was born on June 16, 2006. On November 2, 2009, petitioner filed for dissolution. An agreed judgment of dissolution was entered on May 25, 2010. Petitioner received sole custody of S.A., and respondent received visitation, including overnight visits with S.A. in Clarksville, Tennessee, where respondent currently resides. The overnight visits began on April 23, 2010. The judgment order provided that respondent shall have visitation "[e]very other Friday at 2:00 p.m. until Saturday at 5:00 p.m. until May 21, 2010[, ] at which time visitation shall be increased to every other Friday at 2:00 p.m. until Sunday at 5:00 p.m." Respondent was also awarded holiday visitation and one week each summer. A visitation exchange location was also arranged.
¶ 4 On September 19, 2011, respondent filed a petition for rule to show cause after petitioner unilaterally stopped visitation between respondent and S.A. According to respondent, petitioner failed to give him an explanation as to why she was refusing visitation despite respondent's repeated attempts to text and call petitioner in order to determine why visitation was not being allowed. On October 11, 2011, respondent filed a motion for modification of visitation, seeking not only additional time with his daughter, but also telephone and Skype visits via the Internet.
¶ 5 On November 1, 2011, petitioner filed a response to the motion for modification of visitation, a motion for an in camera interview of S.A., and a petition for termination of visitation in which petitioner alleged that respondent sexually molested S.A. The petition specifically alleged as follows:
"1. In June 2011 DCFS [Department of Children and Family Services] investigated a hotline call regarding the sexual molestation of the minor child [S.A.] by [respondent] and found all allegations creditable and reported the matter to the Pulaski County State's Attorney's Office on June 29, 2011.
2. Subsequently, DCFS issued and [sic] unfounded report due to lack of jurisdiction as the molestation took place in Tennessee.
3.[S.A.] has unequivocally identified [respondent] as the perpetrator in the sexual abuse for both DCFS and her ...