Elizabeth Eberbach v. Christopher Eberbach

This case involves post-divorce litigation over child support and residential parenting time. In connection with a petition for a decrease in child support, the parties found themselves in a discovery dispute, which resulted in the trial court awarding Mother $10,000 in attorney’s fees.  Later, as a result of his move out of state, Father filed a motion to modify the parties’ permanent parenting plan. When Father decided not to pursue his motion to modify, Mother filed an emergencymotion for relief to set holiday parenting time. The court ordered that the parenting plan remain in effect for the holiday period and required Father to personally pick up and return the children for visitation. Father appeals the award of attorney’s fees to Mother stemming from the discovery dispute and the order requiring him to personally pick up and return his children when exercising holiday parenting time. We affirm the trial court’s order awarding attorney’s fees to Mother. Because we find the issue to be moot, we dismiss Father’s appeal regarding holiday parenting time.