Domestic Relations — Civil Practice – Contempt Motion – Involuntary Dismissal – New Motion – New Allegations – Parent & Child – Custody

Hebenstreit v. Hebenstreit (Lawyers Weekly No. 15-07-0238, 12 pp.) (John Tyson, J.) Appealed from Onslow County District Court (Louis Foy Jr., J.) N.C. App.

Holding: It is true that the plaintiff-father’s first contempt motion was dismissed with prejudice for failure to prosecute; however, his second contempt motion included new allegations and sought new remedies with regard to the defendant-mother’s apparently permanent move (with the parties’ child) to Texas. The trial court was not precluded from considering these new issues.

We reverse the trial court’s dismissal of plaintiff’s second contempt motion.