The central issues in this appeal are whether the trial court ruled properly in finding defendant in civil contempt, and whether the trial court erred in awarding compensatory damages to plaintiff as a result of the alleged contemnor's conduct. Because the order of contempt allegedly violated was not directed at the contemnor, and the order constitutes improper punishment, we conclude the trial court incorrectly found defendant in civil contempt. Additionally, we reaffirm existing precedent holding that compensatory damages are an inappropriate form of relief in civil contempt proceedings. At the onset, we note that this is the instant parties' second visit to this Court. 117 N.C. App.
Defendant is a neurosurgeon practicing in Fayetteville.
The parties have one child, Azmi Atassi, who was born 16 January 1992. On 4 June 1993, plaintiff filed a complaint for alimony, child custody, child support, relief from domestic violence and equitable distribution. By the trial court's order of 19 November 1993, plaintiff was awarded primary temporary custody, and defendant was awarded secondary temporary custody. On or about 21 April 1994, plaintiff filed a motion requesting a modification of the 19 November 1993 temporary custody order. Plaintiff wished to take the parties' child, Azmi Atassi, to Syria for a visit with plaintiff's relatives.