Morgan v. Foretich
United States Court of Appeals for the District of Columbia Circuit
546 A.2d 407 (D.C. Cir. 1988)
After divorcing Eric Foretich (defendant) and receiving custody of their daughter H with Foretich granted liberal visitation, Jean Morgan (plaintiff) began accusing him of sexually abusing H and refused to allow visitation; a guardian ad litem was appointed, and after a hearing the trial court found Morgan failed to prove abuse but held her in contempt for willfully disobeying its order. Over subsequent hearings on custody and visitation, the trial court expanded Foretich's visitation, ultimately ordering an extended two-week visit; Morgan's emergency stay motion was denied, and when she refused to comply, hid H, and was found in contempt and incarcerated, she appealed.
Whether a trial court's order with respect to an award of visitation rights is reversible only for a clear abuse of discretion.