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IN THE COURT OF APPEALS OF IOWA No. 0-748 / 10-0507 Filed November 10, 2010

IN RE THE MARRIAGE OF MICHELLE SAWYER AND BRENT SAWYER Upon the Petition of MICHELLE SAWYER, n/k/a MICHELLE JANSSEN, Petitioner-Appellee, And Concerning BRENT SAWYER, Respondent-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Marshall County, Michael J. Moon, Judge.

Brent Sawyer challenges the district court's refusal to find Michelle Janssen in contempt of court for failing to allow visitation from March 11, 2009, through June 18, 2009. AFFIRMED.

Reyne L. See of Johnson, Sudenga, Latham, Peglow & O'Hare, P.L.C., Marshalltown, for appellant. Melissa A. Nine and Barry S. Kaplan of Kaplan, Frese & Nine, L.L.P., Marshalltown, for appellee.

Considered by Sackett, C.J., and Potterfield and Tabor, JJ.

2 POTTERFIELD, J. Brent Sawyer challenges the district court's refusal to find Michelle Janssen in contempt of court for failing to allow visitation from March 11, 2009, through June 18, 2009. "Proof of contempt in violating a court order requires a showing that there was a willful violation." In re Marriage of Spears, 529 N.W.2d 299, 304 (Iowa Ct. App. 1994) (internal citations omitted). The party alleging contempt has the

burden of establishing willfulness beyond a reasonable doubt. Ary v. Iowa Dist. Ct., 735 N.W.2d 621, 624 (Iowa 2007). Contempt proceedings under chapter 598, involving noncompliance with a dissolution decree, are punitive in nature and our standard of review is "somewhat unique." In re Marriage of Swan, 526 N.W.2d 320, 327 (Iowa 1995). Brent is appealing from the court's refusal to hold Michelle in contempt under a statute that allows for discretion. See Iowa Code

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