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Date: 03-12-2024

Case Style:

Howard Yntema v. Leah Smith

Case Number: A23A1562, A23A1660

Judge: Doyle

Court: Court of Appeals for Georgia, Third Division

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Defendant's Attorney:



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Description: Atlanta, Georgia family law lawyers represented the parties in a child custody dispute.


Following their divorce in 2010, the Father was awarded primary physical custody of their children, with the Mother receiving weekend and holiday custody. Since that time, the Father married Kitty,[1] and the Father and Mother have both filed petitions for modification of custody; the current petition was filed by the Mother in 2017. As part of those proceedings, temporary consent orders were entered to govern the reunification process with the Mother, who had been subject to a no-contact order since 2016. After various allegations of contempt, a hearing was held in May 2022 regarding allegations of contempt against the Father. At that hearing, the Mother and Father entered into the Consent Order to resolve the issues without further action by the court. Kitty was present at the hearing and was notified by the trial court that the Father and Mother had entered into an agreement memorialized in the Consent Order that prevented her from disparaging the parties:

I'm going to need you to review that order because I want you to understand that if you violate the spirit of that order in any way by any slight discouragement, any slight negativity towards [the Mother], anything at all, that I'm going to hold that against your husband and he's going to jail.... I think that along [the last seven years] you've made some mistakes that have hurt the boys, not intentionally, but you've hurt them, and now we have a chance to fix those mistakes.... So[,] it may not come natural . . . but fake it 'til you make it . . . it will become natural. . . . I really believe that you are sincerely understanding that this needs to happen because I believe that all you've ever wanted is the best for your boys.... I need you to stop telling everyone your version of what has happened because that is damaging.... I need you to . . . do a 180[,] and if you don't have anything nice to say, say nothing at all....

Kitty acknowledged that she had seen the order and seemed to agree with the trial court's message. The Consent Order was entered in June 2022, and later amended in July 2022.

Outcome: Judgment affirmed in part and reversed in part in Case No. A23A1562; judgment vacated in part and case remanded in Case No A23A1660.

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