IN THE SUPERIOR COURT OF COBB COUNTY STATE OF GEORGIA BETHANY ARMSTRONG, § Plaintiff, § § CIVIL ACTION and § FILE NO.: 23-1-08159 BENJAMIN ARMSTRONG, § § § § Defendant. § EMERGENCY MOTION FOR CITATION OF CONTEMPT COMES NOW, BETHANY ARMSTRONG, Plaintiff in the above styled action (hereinafter “Plaintiff” or “Mother”), by and through her counsel of record, and files this, her Motion for Citation of Contempt, showing this Honorable Court as follows: 1. The above-styled case is an action for divorce, initiated by Plaintiff on October 18, 2023 against Defendant, BENJAMIN ARMSTRONG (hereinafter “Defendant” or “Father”). There are Three (3) minor children born of this marriage between the parties, to wit: Madden Armstrong, born in 2011, Zoe Armstrong, born in 2013, and Blake Armstrong, born in 2015 (hereinafter the “minor children”). 2. On December 14, 2023, after a pretrial conference with this Court, the Court entered a Consent Interim Emergency Order (hereinafter “Emergency Order”) A true and correct copy is attached hereto as Exhibit A. Addtionally, this Court entered an Emergency Order Temporarily Suspending Respondents Parenting Time (hereinafter “Suspending Order”) on August 16, 2024. Bethany Armstrong v. Benjamin Armstrong Superior Court of Cobb County; Civil Action File No. 23108159 Emergency Motion for Citation of Contempt Page 1 of 63. Pursuant to Paragraph Five (5) of the Emergency Order, “Both parties shall not disparage the adverse party or the child of the parties, including any act taken through a non-party, or via social media. Both parties shall not discuss the litigation with the Minor Children.” 4. Mother shows that despite the clear Emergency Order, Father has continued to drag Mother and the children into his online discussions in between discussing the business litigation, his attacks on this Court, his attacks on Dr. Howard Drutman, and his attacks on the Guardian ad Litem. For example, Father blamed Mother multiple times on YouTube for not allowing him to give the Minor Children Christmas gifts. Father did this while ignoring that Mother agreed for Father to have Christmas Eve parenting time with the Minor Children (with Father being late) despite the Suspending Order being in place. Additionally, Father attacked Mother for wanting a Court Order in place for further parenting time and materially misrepresented the Orders and facts of this case. 5. Unfortunately, Father’s harassing conduct has continued to the point of directly messaging the minor children disparaging Mother, threatening Mother to release information against her, and that Mother has “…five days. You better prepare yourself. ” Father is also refusing to pay the private school tuition, despite being required to do so under the terms of the Emergency Order. Mother is concerned about Father’s mental wellbeing and believes Father needs immediate inpatient psychiatric treatment. 6. Bethany Armstrong v. Benjamin Armstrong Superior Court of Cobb County; Civil Action File No. 23108159 Emergency Motion for Citation of Contempt Page 2 of 6Mother shows that Father should be held in contempt and be ordered to not speak about Mother or the minor children at all on social media or any other media platform. Father has many followers, and Mother is concerned about the safety of herself and the minor children if Father continues to distort and misrepresent the facts of this action. 7. Due to Father’s contemptuous behavior, Mother respectfully requests that Father be ordered to pay Mother’s litigation expenses including attorney’s fees for having to file and pursue this Motion pursuant to O.C.G.A. § 19-6-2 and all other available avenues. WHEREFORE, Mother prays that this Court: (a) Grant the Request for Emergency, or in the Alternative, Expedited Temporary Hearing; (b) That Mother’s Motion for Citation of Contempt be granted; (c) That Father be found in willful civil contempt of this Court; (d) That Father be ordered to have no contact with the minor children and Mother and that Father be ordered to not reference the minor children or Mother in any public setting; (e) That Mother be awarded all reasonable and necessary attorney’s fees and costs associated with bringing this Motion for Citation of Contempt pursuant to O.C.G.A. § 19-6-2 and all other available avenues of Georgia law; and (f) Award any additional relief that this Court deems just and equitable under the circumstances. Respectfully submitted this 24th day of February, 2025. Bethany Armstrong v. Benjamin Armstrong Superior Court of Cobb County; Civil Action File No. 23108159 Emergency Motion for Citation of Contempt Page 3 of 6/s/ Max E. Fishman Max E. Fishman Georgia State Bar No. 826770 KESSLER & SOLOMIANY, LLC Attorneys for Plaintiff/Mother 101 Marietta Street, Suite 3500 Atlanta, Georgia 30303 Phone: (404) 688-8810 Fax: (404) 681-2205 mfishman@ksfamilylaw.com Bethany Armstrong v. Benjamin Armstrong Superior Court of Cobb County; Civil Action File No. 23108159 Emergency Motion for Citation of Contempt Page 4 of 6IN THE SUPERIOR COURT OF COBB COUNTY STATE OF GEORGIA BETHANY ARMSTRONG, § Plaintiff, § § CIVIL ACTION and § FILE NO.: 23-1-08159 BENJAMIN ARMSTRONG, § § § § Defendant. § CERTIFICATE OF SERVICE I hereby certify that I have this day served counsel for the opposing party with a copy of the foregoing Emergency Motion for Citation of Contempt and to Reopen/Extend Discovery by Statutory Electronic Service and addressed to the following: Michael G. Lambros The Lambros Firm, LLC mlambros@thelambrosfirm.com Brandy Daswani Brandy Daswani, LLC brandy@dsfamilylaw.net This 24th day of February, 2025. /s/ Max E. Fishman Max E. Fishman Georgia State Bar No. 826770 KESSLER & SOLOMIANY, LLC Attorneys for Plaintiff/Mother 101 Marietta Street, Suite 3500 Atlanta, Georgia 30303 Phone: (404) 688-8810 mfishman@ksfamilylaw.com Bethany Armstrong v. Benjamin Armstrong Superior Court of Cobb County; Civil Action File No. 23108159 Emergency Motion for Citation of Contempt Page 5 of 6Bethany Armstrong v. Benjamin Armstrong Superior Court of Cobb County; Civil Action File No. 23108159 Emergency Motion for Citation of Contempt Page 6 of 6