from the Iowa District Court for Polk County, Jeanie K.
husband challenges the district court's order dismissing
his applications for rule to show cause and granting his
former wife's applications for rule to show cause. Former
wife cross appeals from the denial of her request for
B. Kavanaugh of Harrison & Dietz-Kilen, P.L.C., Des
Moines, for appellant.
Stefanie J. Thomas of Wandro & Associates, P.C., Des
Moines, for appellee.
Considered by Doyle, P.J., and Tabor and McDonald, JJ.
Terry appeals the district court's order dismissing his
numerous applications for rule to show cause. In his
applications, Michael requested the district court find his
former spouse, Rachael McMann, in contempt of court. Rachael
filed her own applications for rule to show cause, alleging
Michael violated a court order by failing to pay attorney
fees. The district court found Michael in contempt of court,
and Michael challenges this order by way of petition for writ
of certiorari. In addition to challenging the finding of
contempt, Michael contends the penalties imposed for the
findings of contempt were illegal and not authorized by
statute. Rachael filed a cross-appeal, challenging the
district court's declination of her request for attorney
and Rachael married in 2002 and divorced two years later by
way of a stipulated dissolution decree. One child, C.T., was
born into the marriage. The decree granted the parents joint
legal custody of C.T., awarded physical care to Rachael, and
awarded liberal visitation to Michael. The decree set forth
the parents' responsibilities with respect to C.T. As
relevant here, it provided:
Both parents shall participate equally in the rights and
responsibilities of legal custodians, including but not
limited to decisions affecting the child's . . . medical
care . . . .
The parties shall consult with each other with respect to . .
. medical care . . . related to the child, whose well-being
and development shall at all times be the paramount
consideration to the parties. If either party has knowledge
of any illness, accident, or other matter seriously affecting
the well being of the child, that party shall promptly notify
the other, and except in emergencies, shall not take any
action without notifying the other.
Both parties shall keep each other informed in a timely
manner regarding anything, which affects the child's
physical and emotional well-being. When time permits, each
shall provide the other with advanced notice of any medical .
. . treatments and appointments including hospitalizations
[Michael] shall have reasonable visitation as agreed upon
between the parties. All visitations are to be exercised in a
reasonable manner that is responsive to the minor child's
best interest and schedule of activities. . . .
the next several years Michael and Rachael went about their
lives without incident. Michael lived overseas for a period
of time, and Rachael and C.T. moved to ...