Attorney Fees: A prevailing parent, demonstrating good cause for withholding court-ordered visitation, is entitled to appeal-related attorney fees.

KING v. KING, 99248, 2005 OK 4, ___ P.3d ___, Decided 02/01/2005

In a yet to be released opinion, the Oklahoma Supreme Court, in a case of first impression, held that "a prevailing parent, demonstrating good cause for withholding court-ordered visitation, is entitled to appeal-related attorney fees pursuant to 43 O.S. §112(D)(2)."

The custodial mother, upon hearing her son accuse his uncle of inappropriate sexual contact during a time when the boy was visiting his father, reported the incident to the Kansas police and to a child counselor. The counselor was going to turn the case over to the Kansas "DHS" and threatened to file a child in need of care petition if mother did not stop visitation. Mother stopped visitation. The father filed a Motion to Modify which the trial court granted. On appeal, the trial court was reversed. The Supreme Court granted certiorari to address the attorney fee issue.

The Supreme Court held that the mother demonstrated good cause for withholding visitation and as such, upon the trial court reversal, was the prevailing party, and therefore was entitled to an award of attorney fees on appeal.

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