Right to Counsel in Civil Contempt Proceeding for Violation of Custody Order

When a court is considering whether to hold a party in civil contempt for the failure to comply with provisions in a child custody order, must the court inform that parent that he has the right to a court-appointed attorney if he wants an attorney and is unable to afford one?

The court of appeals recently held that the answer to that question must be determined on a “case-by-case basis” with appointed counsel being required only “where assistance of counsel is necessary for the adequate presentation of the merits, or to otherwise insure fundamental fairness.”