Amended March 11, 2016.
[Copyrighted Material Omitted]
FROM THE RANDOLPH COUNTY CIRCUIT COURT. NO. DR-07-54.
HONORABLE PHILIP GREGORY SMITH, JUDGE.
Kimble, appellant, Pro se.
N. Holder, for appellee.
R. ABRAMSON, Judge. HARRISON and GLOVER, JJ., agree.
RAYMOND R. ABRAMSON, Judge.
Kimble Shields appeals the Randolph County Circuit
Court's order awarding Mitchell Kimble $15,539.94 in
attorney's fees and costs for Shields's contemptuous
conduct and sentencing Shields to 120 days in jail if she did
not pay the sum within 180 days. On appeal, Shields argues
that (1) the contempt finding infringes on the principles set
forth in the Uniform Child Custody Jurisdiction and
Enforcement Act (" UCCJEA" ) because a Montana
court properly exercised emergency jurisdiction over the
case; (2) the contempt finding is void because the
court's order conflicted with a Montana order; (3) the
contempt finding is invalid because she relied on
professional advice to not return their daughter, B.K., to
Arkansas; (4) the contempt finding is based on insufficient
evidence; (5) the hearings on September 13, 2010, and June
30, 2014, violated her due-process rights; and (6) the
court-ordered supervised visitation violated her due-process
rights and her right as a fit parent. We
parties have been engaged in extensive litigation beginning
with their divorce in the Randolph County Circuit Court on
May 2, 2007. In the uncontested divorce decree, the court
awarded custody of B.K. to Shields subject to visitation with
Kimble. Shortly after the divorce, in September 2007, Shields
and B.K. moved to Montana.
30, 2008, Kimble filed a petition for change of custody or to
set specific visitation in the Randolph County Circuit Court.
On June 26, 2008, Shields filed an objection to jurisdiction,
alleging that Arkansas did not retain jurisdiction of the
case under the UCCJEA and that Montana would be a more
appropriate forum to determine the best interest of the
child. In July 2008, Shields married Jeremy Shields.
August 25, 2008, Shields informed the court that Kimble had
lodged with the Montana Department of Human Services ("
MDHS" ) an allegation of sexual abuse of B.K. that was
still being investigated. Specifically, the allegations of
abuse stemmed from the child's statements to Kimble that
Jeremy had showered with her.
November 13, 2008, the circuit court denied Shields's
objection to jurisdiction. On April 14, 2009, the court held
a hearing on Kimble's petition to change custody, and on
May 7, 2009, the court granted Kimble's petition and
awarded him custody of B.K., subject to reasonable visitation
with Shields. Shields appealed the May 7, 2009 order to this
court, asserting that the circuit court should have declined
jurisdiction and erred in awarding Kimble custody of B.K.
the appeal proceedings, on August 20, 2009, Shields
petitioned the Randolph County Circuit Court for an emergency
change of custody, alleging that B.K.'s stepbrother in
Arkansas had sexually abused her. The Arkansas State Police
Crimes Against Children investigated the allegations and
found them unsubstantiated. The circuit court then denied
Shields's petition. On June 2, 2010, this court affirmed
the circuit court's May 7, 2009 order. See
Shields v. Kimble, 2010 Ark.App. 479, 375 S.W.3d
August 3, 2010, while B.K. was visiting Shields in Montana
for the summer, MDHS ...