Davis v. Davis, 229 N.C. App 494
Sep 17, 2013OUTCOME: Vacated in Part and Affirmed in Part
"HOLDINGS: [1]-The trial court erred in modifying visitation and ordering the father to attend anger management classes because, while the father might have disciplined a child in an inappropriate mann ... er, the father's inappropriate discipline did not affect the welfare of the children, and there was no finding of a substantial change in circumstances; [2]-The trial court's finding that the mother's actions, suspending the father's visitation over his objection and without court authority, did not amount to contempt was upheld, as there was evidence that the mother's failure to comply with the visitation order was justified after the father physically discipline a child in an inappropriate way, the children were visibly shaken and upset by the incident, and there had been past allegations of domestic violence involving the father."
