Frivolity Finding Not Required.
In Parker v. Harbert, Case No. A134060 (1st Dist., Div. 5 Dec. 19, 2012) (unpublished), husband, a prisoner at some times during the germane time, appealed a $92,000 atttorney’s fees/costs award (out of a requested $121,113.90) awarded to ex-wife under Family Code section 271. Husband initiated a lengthy contempt proceeding against ex-wife for refusing to bring his son to him in prison and other related issues. The appellate court affirmed, determining that the contempt proceeding was slim to say the least and not justified. No frivolity determination was necessary to award 271 sanctions, which are promoted to avoid contentious proceedings that do not promote overall resolution in dissolution/family law matters. (In re Marriage of Tharp, 188 Cal.App.4th 1295, 1319 (2010).)