Appeals court hears challenge to contempt finding in long-running guardianship dispute

An appeals panel heard arguments on Oct. 2 in the case arising from the guardianship of R.P., where the guardian was found in contempt after withholding visitation with the child's mother. Attorney Jennifer DeFeo, who said she represents the guardian, asked the court to vacate the contempt judgment, arguing the probate judge did not evaluate whether the guardian lacked the ability to comply given his obligation to act in the ward's best interest.

The issue matters because the guardian's statutory duty (as presented in argument) and the child's reported physical and emotional reactions were central to counsel's contention that a contempt finding was not supported by consideration of the totality of circumstances. DeFeo told the panel: "We are requesting that this court vacate the contempt judgment that was issued against him where the guardian did not have the ability to comply with the decree, and…