MANDI LYNN KLEINPETER, n/k/a MANDI LYNN DeLEON, Appellant (Plaintiff),
DEDRICK RAY KLEINPETER, Appellee (Defendant).
from the District Court of Natrona County The Honorable
Catherine C. Wilking, Judge.
Representing Appellant: Wendy S. Owens, Casper, WY.
Representing Appellee: Dedrick Ray Kleinpeter, Pro Se,
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
Mandi Kleinpeter, n/k/a Mandi DeLeon (Mother), and Dedrick
Kleinpeter (Father) divorced after having two children
together. About four months after entry of the Decree of
Divorce, Father filed a motion for an order to show cause why
Mother should not be held in contempt for failing to allow
Father in-person and telephonic visits with the couple's
children. Following an evidentiary hearing, the district
court found Mother in contempt of the Decree's provisions
allowing Father reasonable visitation with the children and
requiring that both parents make reasonable efforts to insure
the children free access to and unhampered contact with both
parents. We affirm.
Mother states the issues on appeal as follows:
1. Did the District Court err in finding Appellant in civil
contempt of court with regard to supervised visitation?
2. Did the District Court err in finding Appellant in civil
contempt of court with regard to telephonic contact?
Mother and Father were married on May 3, 2009 and had two
children together: RMK, born in 2010, and JCK born in 2011.
On March 16, 2015, Mother filed a complaint for divorce, and
on February 9, 2016, the district court entered a Decree of
Divorce (hereinafter Divorce Decree or Decree). The Decree
stated that the parties generally agreed and stipulated that,
among other facts:
5. * * * [Mother] is a fit and proper person to have the
legal and physical care, custody of the minor children of the
parties; and it is in the children's best interests to be
placed in the legal and physical custody of [Mother] with
[Father] having rights of reasonable visitation as agreed by
both parties upon reasonable notice with the initial six
months of visitation to be supervised by a third party such
as the Casper Family Connections paid for by [Father].
With regard to custody of the children, visitation, and the
obligation to cooperate, the Decree ordered:
3. That [Mother] is awarded the legal and physical custody of
the parties' children * * *; and that [Father] will be
entitled to reasonable visitation upon reasonable notice with
the first six months of visitation to be supervised by a
third party such as the Casper Family Connections paid for by
[Father]. Following the successful completion of the
supervised visitation [Father] can have visitation with
reasonable notice for alternate weekends and alternate
holidays. In order for visitation to be utilized [Father]
must not utilize in any fashion alcohol or illegal/synthetic
drugs or in any way improperly utilize drugs whether the
drugs are prescribed to [Father] or not. [Father] will be
responsible for any transportation costs in exercising his
10. Obligation to Cooperate. Neither of the parents
shall complain about or malign the other nor the others'
family. Neither shall either directly or indirectly cause the
child[ren] to lose respect for or alienate the affection of
said child[ren] toward the other parent. The parents shall
cast each other in the most favorable light before the
child[ren] and shall recognize the great importance of the
other's parent/child relationship. Either parent has the
right to petition to enforce or revise this decree with
regard to the care, custody, visitation and maintenance of
the child[ren] as the circumstances of the parents and the
benefit of the child[ren] requires in accordance with W.S.
20-2-201 through 20-2-204 and 30-2-311(d). Any breach of this
instruction shall constitute a material violation of this
order. Additionally, both parents shall:
(b) Make every reasonable effort to insure free access of the
child[ren] to and unhampered contact with both parents.
On June 13, 2016, Father filed a motion for order to show
cause in which he alleged that Mother had violated the Decree
by denying reasonable visitation and by denying him access to
the children by telephone. The district court entered an
order to show cause, and Mother responded with her traverse,
which stated, in part:
5. While [Father] wishes that visitation be supervised by
SueAnn Tavener, LPC, it is in the children's best
interest that visitation be supervised through Casper Family
Connections as recommended in the Decree of Divorce. It is
further in the children's best interest that [Father] not
graduate to standard visitation until he has completed six
months of consistent, regular, supervised visitation through
Casper Family Connections.
6. No specific visitation schedule was ordered, particularly
regarding the six months of supervised visitation. There is
no effective visitation schedule to be violated or enforced.
[Father] cannot claim a violation of a non-specific order.
9. [Mother] has not willfully violated this Court's
Orders, and therefore the Motion for Order to Show ...