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Jaggers v. Magruder

Court of Appeals of Mississippi

January 7, 2014

Wesley JAGGERS, Appellant
v.
Janet (Jaggers) MAGRUDER, Appellee.

Page 966

Richard Shane McLaughlin, Tupelo, D. Kirk Tharp, attorneys for appellant.

Stephen Travis Bailey, Tupelo, attorney for appellee.

Before GRIFFIS, P.J., BARNES and JAMES, JJ.

GRIFFIS, P.J.

¶ 1. Wesley Jaggers, the noncustodial parent, argues that the extracurricular activities of the children have interfered with his visitation. The chancellor denied a modification of custody but changed the visitation schedule. Wesley argues that the chancellor erred when he failed to: relieve Wesley of the obligation to allow the children to participate in extracurricular activities and adopt the guardian ad litem's recommendation as to visitation. We find no error and affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. Wesley Jaggers and Janet Jaggers Magruder were married on March 6, 1993. During their marriage, they had three children: Allie (born on August 16, 1996), Tanner (born on August 27, 1998), and Bo (born on November 20, 2002). They were divorced by a judgment dated April 13, 2004.

¶ 3. On July 27, 2004, Wesley and Janet presented the chancellor with an agreed order of modification, which was signed by Wesley, Janet, and their lawyers. Likewise, the chancellor signed and entered the order.

¶ 4. Since then, Wesley and Janet have been involved in what appears to be continuous litigation. They have filed claims seeking contempt and modification, and alleging abuse. As a result of the claim of abuse, the chancellor appointed Jonathan Martin as the guardian ad litem.

¶ 5. On June 20, 2009, the chancellor entered an order that ruled:

This Court entered an Agreed Order of Modification on July 27, 2004, which provided in part the following:
That each parent shall allow the children to attend and participate in the scheduled extra-curricular activities of each child, including baseball, speech therapy, etc., it being the intention of this paragraph that the children's regular schedules be maintained so as to provide as great a degree of continuity as possible.
It is the order of the Court that until the completion of the hearing on the merits of this cause that the parties' minor child Tanner shall be allowed to participate in his extracurricular activities pursuant to the terms of the Agreed Order of Modification entered by this Court on or about July 27, 2004.
The parties are further directed to communicate and to cooperate with one another to assure that all of their minor children are able to participate in extracurricular activities as provided for in the Agreed Order of Modification entered by this Court on or about July 27, 2004.

¶ 6. On November 19, 2009, the chancellor entered a judgment that ruled:

a. Janet's motion to modify Wesley's visitation was denied.

Page 967

b. As to Wesley's counterclaim for contempt that alleged Janet interfered with his visitation, Janet was found in contempt.
c. As to Janet's claim for contempt that alleged Wesley was in contempt for failing to take the children to their extracurricular activities, Wesley was found in contempt.

The chancellor then held that the contempt findings as to the imposition of sanctions were held in abeyance pending further review of ...


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