In the case of Stotler v. Duvall, the Virginia Court of Appeals, in an unpublished opinion, upheld a trial court ruling refusing to fnd a mother in contempt of court. Father asserts that (1) mother should have
been held in contempt for violating the court's verbal order requiring her to inform father of the
child's doctor's visits; (2) the court erroneously considered his incarceration in deciding the
show cause motion; (3) a violation of the court order was sufficient to find the mother guilty of
contempt; (4) mother should have been held in contempt for violating the court's order
prohibiting overnight guests of the opposite sex; and (5) mother should have been sentenced to
jail.
On August 28, 2006, the City of Winchester Circuit Court entered a final custody and
support order (order). Among other rulings, the order held that neither party would have
unrelated, overnight guests of the opposite sex while the child was present. The order further
held that mother was to file petitions for child support for her other three children and she was to
notify father of any change of address.
The trial court found that mother filed the required child support petitions, so she no longer was in violation of the order. Her verbal representations that she had done so were sufficient; no written proof was required. The trial court further found that mother had violated the order regarding cohabitation, but her boyfriend was deceased and she was living with her mother. The trial court did not impose a jail sentence for mother because then both of the child's parents would be in jail, and the child would be forced to go
into foster care. Father argues that mother should be held in contempt for violating what he claimed to be a verbal order of the court to inform him of the child's medical appointments. However, a trial court
speaks through its written orders. There was no written order for mother to inform father of the child's medical appointments.
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