OF JUDGMENT: 08/28/2015
COUNTY CHANCERY COURT TRIAL JUDGE: HON. ROBERT Q. WHITWELL
ATTORNEY FOR APPELLANT: KEVIN MCKEOWN (PRO SE)
ATTORNEYS FOR APPELLEE: T. SWAYZE ALFORD KAYLA FOWLER WARE
GRIFFIS, P.J., BARNES AND CARLTON, JJ.
After New York courts awarded Elizabeth Allison Estes
physical custody of her son and authorized their move from
New York City to Oxford, Mississippi, the New York County
Family Court entered an order awarding visitation to the
child's father, Kevin McKeown, who remained in New York
City. Among other things, the New York visitation order
obligated Kevin to provide Allison with advance notice of his
visitation, an itinerary, and the address where he would be
staying with their son.
This appeal follows Allison's successful complaint for
contempt and modification of the New York visitation order.
The Lafayette County Chancery Court found Kevin in contempt
for his failure to fulfill the notice, itinerary, and
address-disclosure requirements of the New York visitation
order. The chancellor further held that Kevin's
visitation would be suspended until he disclosed his physical
address. Additionally, the chancellor modified the visitation
order so that Kevin would have to exercise his visitation in
Mississippi if he did not fulfill the notice, itinerary, and
address-disclosure conditions of his visitation.
Kevin appeals and claims that the chancellor should not have
heard Allison's complaint because he had taken
preliminary steps to appeal the New York County Family
Court's decision that Mississippi was the proper forum
for Allison's complaint. He also claims that the process
server lied about personally serving him with process.
Finally, Kevin argues that the chancellor did not consider
the child's best interest. Finding no error, we affirm
the chancellor's judgment.
OF FACTS AND PROCEDURAL HISTORY
In April 2012, a New York state court awarded Allison sole
legal and physical custody of her son. After obtaining leave
from the First Department of the New York Supreme Court,
Appellate Division, Allison and her son moved to Oxford,
where her family lived. Kevin McK. v. Elizabeth
A.E., 111 A.D.3d 124, 129 (N.Y.App.Div. 2013).
The New York County Family Court subsequently entered a
visitation order. Along with visitation during certain
holidays, Kevin received "eight uninterrupted
weeks" of summer visitation. Kevin was obligated to
provide Allison with notice regarding their son's travel
arrangements. And if either parent traveled with the child,
he or she was obligated to provide the other with an
itinerary for the trip, including contact information and the
location where the child would be staying. If Kevin did not
have his own residence, he had to provide Allison with
"an affidavit from the legal resident of the home where
[the child] shall be staying indicating [the legal
resident's] willingness and availability" to have
Kevin and his son as guests.
In November 2014, Allison filed a complaint in chancery
court. She claimed that Kevin was in contempt of the New York
visitation order because he would not give her an itinerary
for his visitation or an affidavit from the resident where he
and the child would be staying during visitation. Allison
also requested modification of the visitation order so that
Kevin would be required to inform her of his physical address
by giving her "a copy of his valid driver[']s
license . . . prior to exercising any visitation."
At least five summonses were issued for Kevin between
November 14, 2014, and December 29, 2014. All of them
indicated that his mailing address was a post-office box in
New York City. The record contains a process server's
return reflecting that Kevin ...