Opinion
Submitted on Briefs January 10, 1989.
Decided January 11, 1989.
Appeal from the Superior Court, Androscoggin County, Alexander, J.
Thomas M. Mangan, Lewiston, for plaintiff.
Nancy Dragalin Carlson, William Rocheleau, Rocheleau, Fournier Lebel, Lewiston, for defendant.
Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD and HORNBY, JJ.
We affirm the judgment of the Superior Court (Androscoggin County; Alexander, J.) affirming the judgment of the District Court (Lewiston; Scales, J.). In denying a motion to change the custody provision of a 1979 divorce decree, the District Court did not misapply 19 M.R.S.A. § 752 (Supp. 1988), nor did it abuse its discretion in evaluating the effect of changes in the mother's circumstances upon the children's interests. See Ziehm v. Ziehm, 433 A.2d 725, 730 (Me. 1981), Villa v. Smith, 534 A.2d 1310, 1312 (Me. 1987). The Court also properly denied a motion to hold the father in contempt. Though the father may have been in violation of a mediated agreement, that agreement never became a court order, 19 M.R.S.A. § 752(4), and therefore could not be the basis for a contempt finding.
The entry is:
Judgment affirmed.
All concurring.