Cowles v. Flormoe-Cowles

If a court finds a party in remedial contempt it must be supported by a specific finding of willfulness. Southworth and Southworth, 113 Or App 607, 610 (1991), rev den, 314 Or 574 (1992).

Father appealed a supplemental judgment which found him in remedial contempt of parenting time requirements, and a supplemental judgment awarding Mother her attorney fees based on the determina­tion of contempt. Father assigned error to the trial court's finding that he was in remedial contempt, arguing that there was no specific finding that he acted willfully and that the record was insufficient to support a finding of willfulness. In response, Mother argued that the assignment of error was unpreserved because Father did not ask the trial court to make a specific finding that he was willful. If a court finds a party in remedial contempt it must be supported by a specific finding of willfulness. Southworth and Southworth, 113 Or App 607, 610 (1991), rev den, 314 Or 574 (1992). The Court found that Father’s counsel did request the trial judge make a specific finding of willfulness. Thus, the trial court erred when it did not do so. Additionally, the Court found that the record was sufficient to support a finding that Father acted willfully. Vacated and remanded.