Father and mother adopt a stipulated parenting plan for their 3 year old in 2003. In the spring of 2004 father files a motion for an order of protection against the mother. Denied by the trial court. In the summer of 2004, Father files petition to change the parenting plan. Trial court adopts mother’s proposed amended plan, not father’s. In early 2007, father files petition to change the amended parenting plan. In June of 2008 the trial court again ruled in mother’s favor, amending the plan and holding father in contempt for his failure to follow the prior parenting plan. During the five years between the 2003 stipulated parenting plan and the latest amended parenting plan in 2008, father had employed serially 4 different attorneys. The parents and their child, at father’s insistence, had gone through 3 full custody evaluations.
Father appeals. The Montana Supreme Court not only affirms the trial court holding, but finds the appeal vexatious and awards mother her attorney fees on appeal. The case is In Re Marriage of Sartorie 2009 MT 117N. It’s a non-cite case.
