Franck Laveaux

The court found the applicant, Samantha Paige Mayer Graham, in contempt of two court orders regarding parenting time and directed the urgent appointment of the Office of the Children’s Lawyer.

The decision details a pattern of non-compliance by the applicant, including failure to facilitate telephone and in-person parenting time for the respondent, Nathan Jacob Desgagne, and addresses the best interests of the children, the adequacy of remedies, and the appropriateness of a contempt finding as a last resort.

The appellants appealed an Associate Judge's order requiring them to post $20,000 as security for costs.

The court dismissed the appeal, finding no palpable and overriding error in the Associate Judge's decision.

The Associate Judge correctly applied the two-step test for security for costs under Rule 56.01, concluding there was good reason to believe the action was frivolous and vexatious and that the lead appellant lacked sufficient assets to cover a costs order.

The appellate court also rejected the appellants' attempt to introduce new evidence on appeal.