The Tennessee Court of Appeals has upheld a lower court's ruling that found Agness McCurry guilty of criminal contempt in a child custody case involving her ex-husband, Benjamin McCurry. The court affirmed the trial court's decision, which found that Agness McCurry willfully violated multiple court orders related to her child's assessment and her financial documentation. This ruling is significant as it reinforces the authority of courts to enforce compliance with their orders, particularly in family law cases.
Agness McCurry, who represented herself in the appeal, faced three charges of criminal contempt stemming from a series of court orders issued during an ongoing custody dispute with her former husband. The trial court had ordered both parents to take their child to a licensed marriage and family therapist for assessment and to provide financial documentation to the court. However, McCurry failed to comply with these orders, leading to the contempt charges.
The case began when the Washington County Circuit Court issued an order on September 8, 2022, requiring the parents to take their child to Teresa Fletcher, a licensed marriage and family therapist, for assessment and recommendations. The order mandated that the father, Benjamin McCurry, make the appointment and inform Agness McCurry of the details. The court also required both parents to cooperate with the therapist.
Over the following months, the trial court issued additional orders emphasizing the need for compliance. On February 13, 2023, the court reiterated that both parties must engage with the therapist and provide their financial records for review. Agness McCurry, however, did not comply with these directives, prompting the court to issue notices of contempt against her in May and June 2023. The trial court charged her with failing to contact the therapist and for recording court proceedings without permission, which violated a standing order prohibiting electronic devices in the courtroom.
During the contempt hearing held on December 13, 2023, Agness McCurry's behavior was described as disruptive. She refused to participate in the proceedings and repeatedly expressed her desire not to engage with the court. The trial court ultimately found her guilty on all counts of contempt, sentencing her to a total of 20 days in jail, with some sentences running concurrently and others consecutively.
In its ruling, the Tennessee Court of Appeals, led by Judge Kristi M. Davis, stated, "The proof establishes beyond any doubt that [Defendant] recorded the hearing on the 24th of March without permission and filed a CD on the 23rd of May, a copy of that hearing that she had recorded." The court emphasized that the trial court had jurisdiction and that Agness McCurry's belief that the orders were erroneous did not exempt her from compliance.
The court also addressed Agness McCurry's claims of judicial bias and misconduct, stating that her allegations were unsupported by evidence. The court noted that she had previously filed a motion to recuse the trial judge, which had been denied. The appellate court affirmed the trial court's findings, stating that the orders were clear and unambiguous, and that Agness McCurry willfully violated them.
This ruling has implications for future cases involving contempt of court, particularly in family law matters. It reinforces the importance of compliance with court orders and the consequences of failing to adhere to such directives. The court's decision also highlights the challenges faced by individuals representing themselves in legal matters, as Agness McCurry's refusal to engage with the court ultimately resulted in her conviction.
Looking ahead, it is unclear whether Agness McCurry will seek further appeals or pursue related cases. The court filing did not provide information regarding any pending actions. However, the ruling serves as a reminder of the legal obligations parents have in custody disputes and the potential repercussions of non-compliance.