cautions The Marion County Building will be closed June 19th, 2024 in Observance of Juneteenth (Freedom Day)
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Juvenile & Domestic Relations

Family Court Rules

Rule 1: Adoption, Scope, and Construction Rules
  • The Family Division of the Court of Common Pleas for Marion County, Ohio adopts the following Rules for the management of proceedings and other functions of the Court pursuant to Rule 9 of the Rules of Superintendence of the Common Pleas Courts. The Court may amend these Rules from time to time as needed or as required by law.
  • These Rules are intended to supplement and compliment the Ohio Rules of Civil Procedure, the Ohio Juvenile Rules of Procedure, the Superintendence Rules of the Supreme Court of Ohio, and other controlling statutes.
  • These Rules shall be applied, construed and enforced so as to avoid inconsistency with other rules of Court and statutes governing proceedings of this Court. In their application, they shall be construed so as to provide fairness and to secure just, expeditious, and inexpensive determination of all proceedings. They shall apply to proceedings pending at the time they take effect.
  • These Rules shall be cited as “Marion F.C. Rule X.XX.”
  • These Rules shall be effective May 1, 2003, and supersede all previous rules promulgated by this Court.
Rule 2: Conduct in Court
  • Counsel for all parties shall be present and before the Court at the assigned hearing time. If counsel is not present in Court at the assigned hearing time, the case may commence without counsel, may be continued, or may be dismissed, as the Court may decide is appropriate. If counsel is going to be late for a hearing, counsel must make a reasonable effort to notify the Judge or Magistrate as soon as practical in order to explain the reason for their lateness. Repeated lateness or absences may result in the removal of an attorney from the appointment list in the Marion County Family Court and/or other remedial sanctions.
The unexcused failure of an attorney and/or party to appear for a hearing at the scheduled time, may result, within the discretion of the Court, in subjecting the offender to any or all of the sanctions provided by law.

  • Proper decorum in the Court is necessary to the administration of the Court’s business.
  • No cell-phones, radio or television transmission, voice recording device(other than a device used in making a record of the proceedings for the Court) or the making or taking of pictures shall be permitted in the Courtroom except as provided elsewhere under these Rules.
  • Spectators shall not be allowed in the courtroom without the consent of the Court. No child shall be permitted to enter or remain in any courtroom unless accompanied by an adult. In every case of an adult charged with a criminal offense, the right of public trial and hearing shall be observed, with the right to trial by jury as provided by law or the Rules of Criminal Procedure.
  • Food, beverages, gum chewing, and smoking are prohibited in the courtroom during all hearings. Smoking is prohibited throughout the Family Court area.
  • No person carrying a bag, case or parcel shall be permitted to enter or remain in the courtroom without first, if requested by the Court, submitting such bag, case or parcel to security personnel for inspection.
  • All persons shall dress appropriately and respectfully when appearing before the Court. Failure to comply with this Rule may result in any or all of the sanctions referred to in Rule 2.01 being imposed.
  • Persons committing any violation of proper conduct shall be removed from the courtroom, hallway or entry-way by security personnel charged with enforcement of this Rule.
Rule 3: Security for Costs
  • No action or proceeding shall be accepted by the Family Court for filing unless the party or parties offering the same for filing shall have first deposited a sum to secure the payment of the costs that may accrue in each action or proceeding, except as otherwise provided by law. Such advance deposit shall be in accordance with the following schedule:
Complaint for Divorce or Annulment without children
$300.00
Complaint for Divorce or Annulment with children
$328.00 
Counterclaim without children
$175.00
Counterclaim with children
$203.00
Legal separation without children
$241.00
Legal separation with children
$269.00
Petition for Dissolution without children
$273.00
Petition for Dissolution with children
$329.00
Request for appointment of Guardian Ad Litem
$2,000.00
Any Complaint or Motion for Allocation of Parental Rights and Responsibilities
$268.00
Case(Re)Activations (other than for Allocation of Parental Rights and Responsibilities)
$210.00
Motion for Mediation $200.00

  • When the Family Court has determined that costs in a case still active have exceeded the deposit, the Court shall require an additional deposit of the same amount as when the case was originally filed.
  •  In cases where service by publication is necessary, the notice and the payment for the legal notice is to be made directly to the newspaper by the party seeking service. However, such amount may be taxed as costs as the Court deems appropriate. Proof of publication shall be filed with the Family Court.
  • Affidavit of Poverty filed pursuant to Revised Code 2323.30 shall state the reasons for inability to advance security for costs including financial information. The Affidavit is subject to review by the Court at any stage of the proceedings. A Motion to Reduce PEACE fee shall be filed separately through the Family Court and shall state, by affidavit, the reasons for inability to advance the PEACE fee.
  • If filed by an inmate of a state institution, an Affidavit of Poverty shall be accompanied by a Certificate of Superintendent or other appropriate officer of the institution setting forth the amount of funds, if any, which the inmate may have on deposit with the institution available to the inmate.
  • The final judgment entry shall direct the Family Court to apply any and all security deposits to the costs in the case, regardless of the party against whom costs are assessed. A Deputy Clerk shall then deliver a statement of costs to the party against whom costs were assessed.
  • Documents already filed shall not be altered without a nunc pro tunc Order or other Order of the Court.
Rule 4: Dismissal of Cases
  • Upon failure to comply with any local rule, statute, order, civil rule, or failure to timely journalize, the assigned Judge may, after notice, exercise any sanction provided by the Civil Rules including dismissal.
Rule 5: Pleadings
  • All pleadings and motions shall be legibly typewritten or printed and be double spaced on a single-side 8½ by 11 inch paper and shall have a 2 inch top margin and a 1 inch bottom margin. In addition, all pleadings and motions shall contain the following: 
    • A case designation form (See Form F attached hereto)
    • The caption in a party’s initial pleading or motion shall contain the following: Actions for divorce, dissolution or post decree originating from a termination of marriage: Case number, name, address, zip code and date of birth of each party, assigned Judge’s name and Magistrate’s name. Indicate whether with child, with child with Juvenile Court Jurisdiction or without child. 
    • Case captions in all actions involving juveniles or parentage actions shall contain child’s name, date of birth, case number, SETS number (if available), Judge’s and Magistrate’s name. 
  • All pleadings and motions shall contain the name of the attorney, as counsel for plaintiff or defendant, office address, office telephone number, fax number, if any, and the attorney’s Ohio Supreme Court registration number. 
  • During the pendency of any case or Motion, all Notices directed to a Party to the case will be sent to the address the Party has listed upon the Complaint, Petition or Motion. All Parties to a case not represented by an attorney, must, during the pendency of the case advise the Court, in writing, of his or her address if the address is different than that listed upon the Complaint, Petition or Motion or if the address otherwise changes during the pendency of the case. Failure to do so may result in Hearings going forward and relief granted in default of a Party’s appearance. 
  • Form G contained herein may be used to comply with this Rule and should be sent or delivered to the Marion County Court of Common Pleas, Family Division at the time of filing. 
  • All Separation Agreements filed with the Court must be a separate document, typed, styled as a Separation Agreement, and not included in the body of the pleadings. 
  • All Shared Parenting Plans filed with the Court must be a separate document, typed, styled as a Shared Parenting Plan, and not included in the body of the pleadings. 
  • All Complaints in Divorce, Answers, and Counterclaims shall be accompanied by Affidavit 1 (Income and Expenses Affidavit) and Affidavit 2 (Property Affidavit). In addition if the action involves children, Affidavits 3 (Parenting Proceeding Affidavit) and 4 (Health Insurance) must be filed. A Notice of Submission shall be filed with the Family Court when income verification attachments are directly deposited with the assigned Judge’s Office. 
  • The parties shall file updated Affidavits as information changes or becomes available. 
  • Forms A,B,C and D contained herein may be used to comply with this Rule and shall be sent or delivered to the Marion County Family Court for filing. Additional copies of these forms may be obtained from the Court. 
  • It shall be the duty of the attorney or party to file copies for service on all parties. 
  • Any Petition for Dissolution and Separation Agreement shall be accompanied by Affidavits 1(Income and Expenses Affidavit) and 2(Property Affidavit). In addition if the petition involves children, Affidavits 3 (Parenting Proceeding Affidavit) and 4 (Health Insurance) must be filed. 
  • A Notice of Appearance or Substitution shall be filed by Counsel when entering any pending case. 
  • In all Divorces, Dissolutions and Legal Separations, each spouse shall disclose in a full and complete manner all marital property, separate property, and other assets, debts, income, and expenses of the spouse. 
Rule 6: Motions
  • All motions shall contain a notice of the hearing date and time obtained from the Family Court prior to filing.
  • In addition to that required by statute or Civil Rule, the following documents shall be filed with any motion to modify or establish child support and/or spousal support: Affidavits 1 (Income and Expenses Affidavit),3 (Parenting Proceeding Affidavit) and 4 (Health Insurance Affidavit) (Forms A, C and D); the preceding year’s W-2; a statement from the party’s employer of all wages received in the preceding six (6) pay periods or photocopies of pay stubs for the preceding six (6) pay periods; and a statement from the party’s employer of all overtime and bonuses received for the preceding three (3) years. The responding party shall deliver copies of his or her completed schedule and the above income information to the movant’s attorney prior to the commencement of the hearing. The responding party shall file copies of his or her completed schedule and the above income information three (3) days prior to the first scheduled pretrial hearing. Proof of Income documentation may be submitted directly to the Office of the assigned Judge or Magistrate and a Notice of Submission filed with the Court.
  • Except, however, CSEA shall comply with the SETS requirements and additional information as the Court requests.
  • In hearings on petitions for protection orders, the following shall apply:
    • Ex Parte Hearings will be heard by the Magistrate in accordance with the time limits outlined in Revised Code 3113.31(D). If the Magistrate is not available, hearings will be heard by the assigned Judge.
    • At the time of the Full Hearing, the Respondent may request a continuance to obtain counsel provided that the Ex-Parte orders remain in effect until the next hearing.
  • Any motion for contempt including but not limited to motions for failure to pay child support, failure to pay spousal support, denial of visitation, or a violation of a CPO, shall be accompanied by instructions to the Family Court to serve the alleged contemnor with a summons in compliance with Revised Code 2705.031(C).
  • An ex parte motion shall be supported by an affidavit of the moving party setting forth the facts on which the motion is based. A Magistrate/Judge may, upon filing, immediately hold a hearing. The respondent’s attorney, if any, shall be served with the motion and notified of any hearing. If the respondent is not represented, petitioner shall serve respondent notice by personal service. A full hearing on a motion for ex parte orders shall be held within seven business days from the date the ex parte order was granted. 
  • In the case of a Juvenile shelter care, a hearing shall be held pursuant to applicable Ohio Revised Code Statute.
Rule 7: Motions for Orders Pendente Lite and Temporary Orders
  •  All requests for temporary orders shall comply with the procedure set forth in Civil Rule 75 (N)(1), Requests for Orders Pendente Lite, and the procedure set forth in this local rule.
  • Upon expiration of the time limit set by Civil Rule 75 (N)(2), the Magistrate or assigned Judge will, without oral hearing, review and issue orders pendente lite.
  • Motions for orders pendente lite shall be in the same form as appended to these rules as Form E. Any Motion for hearing on orders pendente lite shall comply with Civil Rule 75 (N).
  • Motions for Temporary Orders which could have been resolved without oral hearing under Civil Rule 75(N) may be made only with leave of Court. The Magistrate/Judge may schedule any issue for hearing for Temporary Orders.
  • Any request for Temporary Orders that are not addressed under Civil Rule 75 (N) shall be made by Motion and scheduled for hearing.
  • To effectuate an agreed child support order in an action for Dissolution, an Agreed Temporary Order shall be filed with the Court and served upon the Child Support Enforcement Agency.
Rule 8: Motion to Vacate Premises
  • An ex parte exclusive occupancy order can be obtained preventing a party from returning to the premises if such a party has been absent for more than thirty (30) continuous days immediately preceding the filing of the motion. Absence from the premises means the party is no longer residing at the premises. The motion seeking an ex parte temporary restraining order preventing a party from returning to the premises must be accompanied by an affidavit setting forth the approximate date on which the absent party left the premises, the number of days (months) of continuous absence immediately preceding the filing of the motion and any reason for the absence which is known to the movant. Any motion to dissolve an ex parte temporary restraining order granted pursuant to this rule shall be set for hearing within fourteen (14) days of the date the motion to dissolve is filed.
Rule 9: Title IV-D Application
  • Any order which contains an order of support shall include language requiring the obligee to sign, at the time of the issuance or modification of said order, an application for Title IV-D services and to file as soon as possible the signed application with the Child Support Enforcement Agency that will consider the order, pursuant to Revised Code 2301.35(J)(2). The obligee may submit the signed application to the Family Court for filing with the appropriate Child Support Enforcement Agency.
  • Before any motion for reallocation of parental rights and responsibilities is heard, the current obligee shall file a Title IV-D application in accordance with this rule unless the obligee has already done so. If the current obligee is not available, the current obligor shall file a Title IV-D application in accordance with this rule unless the current obligee has already done so.
  • The Court case number and SETS number shall be typed or legibly written at the top of the Title IV-D application.
Rule 10: Income/Assets/Withholding Order
  • All income/assets withholding notices issued pursuant to Revised Code Sections 3111.21 and 3113.23 shall be issued by and through the Marion County Child Support Enforcement Agency. Attorneys shall be responsible for the preparation and submission of a Request to Issue income/assets withholding notice (Form H) with the Judgment Entry.
  • The Marion County Child Support Enforcement Agency shall complete the income/assets withholding notice to the Ohio Bureau of Employment Services when withholding from unemployment benefits is deemed necessary. 
  • All income/assets withholding notices shall include processing fee (except benefit withholding orders to the Ohio Bureau of Employment Services and child support arrearages), and shall be stated on a monthly basis. 
  • The Family Court shall forward a copy of the Request to Issue income/assets withholding notice (Form H) to the Marion County Child Support Enforcement Agency. The Child Support Enforcement Agency shall forward a copy to each party by regular mail. 
  • The Marion County Child Support Enforcement Agency shall forward a copy of all income/assets withholding notices issued by the Agency to the Family Court. A Deputy Clerk shall place a copy of said notice in the appropriate Court file.
Rule 11: Continuances
  •  Motions for continuances shall comply with Rule 41 of the Rules of Superintendence for Courts of Common Pleas. 
    • All Motions for continuances shall be filed with the Court at the earliest possible date after the discovery that a continuance is necessary. Counsel must file a Notice of Appearance prior to filing their Motion. Motions shall include the signature of counsel and the moving party. Notice shall be given to opposing counsel or opposing party if the party is not represented by counsel and to the Guardian ad litem. 
    • Motions for Continuance shall not be filed less than seven (7) days prior to the date of trial or hearing, nor shall a continuance be granted on the date of trial or hearing, except for good cause shown. 
    • If a Motion for Continuance is filed due to counsel being engaged in trial in another Court, a copy of the other Court’s Notice of Hearing shall be attached to the Motion to continue. 
    • At the discretion of the Court, the Court may require any oral requests for continuances be followed by a written Motion and Memorandum of support filed with the Clerk within two (2) days of the oral request. 
    • All requests for continuances, whether written or oral, shall be ruled upon and noted on the case docket sheet by the assigned Judge or Magistrate within 72 hours of presentation to the Court. The docket entry shall contain the date, party making the request, whether the continuance is granted or denied and if granted, the new hearing date. 
  • A motion for continuance of a hearing scheduled before the Magistrate shall be submitted to the Magistrate rather than the assigned Judge. The Magistrate will rule on the request for continuance by means of a Magistrate’s Order.
Rule 12: Education Programs
  • This rule applies to all parenting proceedings as defined in Revised Code 3109.21. 
  • In any parenting proceeding, every party requesting parental rights and/or companionship shall attend an informational seminar designed to educate the interested parties on how to minimize the negative impact separation may have on their children.  
  • The initiating party must attend a program within sixty (60) days of the filing of the initiating document. The responding party must attend a program within sixty (60) days of service of the summons or motion. Failure to comply may result in sanctions. 
  • The initiating party shall attach to the initiating document (Complaint or Motion) a form captioned “NOTICE TO RESPONDING PARTY.” Said notice shall be in the form prescribed by the Court as appended to these rules (Form I). 
  • Waiver of attendance may be granted by the assigned Judge or Magistrate only upon a demonstration of extreme hardship. 
  • If the initiating party has failed to attend a Court approved program, the Court may refuse to hear the motion until such program is attended. 
  • A certificate of attendance must be obtained and a copy delivered to the Family Court for filing. The Clerk of Courts shall file a copy of the certificate in the record and docket the attendance. 
  • If the party attended an approved program previously, it is the party’s responsibility to make certain that the Certificate of Attendance is filed in any subsequent case. A party will not be required to repeat a program unless the program was completed over one year prior to the new case or the party is specifically ordered by the Court to complete another program. 
Rule 13: Restraining Order
  • A temporary mutual restraining order shall be issued without notice upon the filing of a complaint for divorce, legal separation, or annulment and shall remain in force during the pendency of the action unless vacated or modified. 
  • The restraining orders shall accompany the Complaint at the time of filing. Attorney for the Plaintiff shall forthwith deliver a copy of the restraining orders to the Plaintiff. The Family Court shall serve Defendant a copy of the restraining orders along with the Complaint pursuant to Civil Rule and place a file stamped copy in the file. The mutual restraining orders shall be in the same format as appended to these rules (Form J). 
  • Upon Motion and supporting affidavit, additional restraining orders may be issued, with or without bond, against financial institutions or other parties that are joined as parties. 
  • A party against whom a temporary restraining order has been granted may file a motion, supported by affidavit, requesting that such an order be vacated. A motion to vacate a mutual or ex parte restraining order may be set for hearing before the Magistrate/Judge. 
  • All other motions for ex parte orders shall be handled in accordance with Marion F.C. Rule 6.05.
Rule 14: Service of Process by Posting and Mail
  • In all actions, when a party is proceeding in forma pauperis and if the residences of the parties to be served are unknown, service may be obtained by publication or by posting and mail, pursuant to the provisions of Civil Rule 4.4(A)(2). 
  • The Family Court shall cause service of Notice to be made by posting in a conspicuous place in: Marion County Courthouse, Courthouse Square, Marion, Ohio; the Marion County Building, 222 West Center Street, the Marion County Department of Job and Family Services Building, 363 West Fairground Street, Marion, Ohio; and the Marion Municipal Building, 233 West Center Street, Marion, Ohio: and the Marion County Family Court website,  www.co.marion.oh.us/familycourt

  • Except as provided under F.C. Rule 14.01, in all Juvenile actions a party requesting service shall instruct the Family Court to issue service by personal service through the Sheriff, Special Process Server pursuant to Rule 15, or certified mail.
Rule 15: Special Process Server
  • One-Time Appointment. If a party desires personal service to be made by a special process server pursuant to Civil Rule 4.1, the party or counsel must file with the Marion County Family Court an Order appointing a special process server. The following must be stated in the Order of appointment: (a) The name of the person to be appointed as process server; (b) That the person to be appointed as process server is 18 years of age or older; (c) That the person to be appointed as process server is not a party to the action. 15.02 Continuing Appointment. A person may apply to be designated as a “Standing Special Process Server” for cases filed in this Court by filing an application supported by affidavit setting forth the following information: 
    • The name, address, and telephone number of the applicant; 
    • That the applicant is 18 years of age or older; 
    • That the applicant agrees not to attempt service of process in any case in which the applicant is a party or counsel for a party; 
    • That the applicant agrees to follow the requirements of Civil Rules 4 through 4.6, and any applicable local rules, and specific instructions for service of process as ordered by the Court in individual cases. 
The applicant requesting designation shall also submit an order captioned, “In re The Appointment of (name of applicant) As Standing Special Process Server,” and stating as follows: “It appearing to the Court that the following applicant has complied with the provisions of Marion F.C. Rule 15.02, (name of applicant) is hereby designated as a Standing Special Process Server authorized to make service of process in all cases filed in this Court, to serve until further order of the Court.” The Family Court shall record such appointment on the Court’s General Docket, and shall retain the original applications and entries. In any case thereafter, the Family Court shall accept a time-stamped copy of such an order as satisfying the requirements of Civil Rule 4.1 for designation by the Court of a person to make service of process.
Rule 16: Pre-Trial Procedure in Cases Originating from Terminations of Marriage
  • A pre-trial hearing shall be held in every contested divorce, post decree motion to change designation of residential parent and legal custodian, and post decree motion to modify companionship and in such other circumstances as the Court deems necessary. 
  • In contested divorces, pre-trial statements shall be filed with the Family Court three (3) days prior to the pre-trial hearing and are to include: 
    • Proposals; 
    • Updated Affidavits 1, 2, 3 and 4. 
    • Detailed agreed and contested issues; 
    • Assets or debts alleged to be non-marital; 
    • Prior six (6) pay stubs and the prior year’s W-2 form; 
    • The number and nature of exhibits to be introduced, and if required by the Court,
    • produce them for examination by the Court or parties; 
    • The names and addresses and specialties of any anticipated expert witnesses; 
    • The names of any anticipated lay witnesses. 
  • A copy shall be served on all parties and a copy submitted directly to the Family Court. Failure to file a pre-trial statement as ordered may result in a finding that there is agreement to all matters included in the pre-trial statement from opposing party. 
  • Appraisals of all real and personal property including, but not limited to, real estate and pensions shall be completed prior to the pre-trial hearing so that there can be an exchange of information. If written stipulations are filed, appraisals will not be necessary unless ordered by the Court. 
  • If the parties are unable to agree regarding an inventory and value of personal property or division of same, the parties shall arrange for an appraisal of the personal property and evidence of same shall be presented at the final hearing. 
  • The attorneys are expected to communicate before and after the pre-trial hearing in order to attempt to narrow the issues and resolve as many issues as possible prior to the final hearing. 
  • All parties shall be present at the pre-trial hearing unless excused by the Court. 
  • The attorneys shall be prepared to: 
    • Freely discuss the theories of their case, both factual and legal; 
    • Discuss the necessity or desirability of amendments to any pleadings or the filing of additional pleadings; 
    • Discuss simplification of the issues; 
      Make admissions as to the facts and the genuineness of documents and other exhibits which are not in dispute; 
    • Eliminate parties unnecessary to the case; 
    • Exchange reports of expert witnesses expected to be called by the parties; 
    • Exchange medical reports and hospital records if intended to be offered at final hearing; 
    • Discuss limitations on the number of expert witnesses; 
    • Discuss the necessity of supplementing interrogatory answers or other previous discoverable matters; 
    • Discuss procedures and time limitations for the completion of any further anticipated discovery;
    • Discuss any other matters that may expedite the trial or disposition of the case. 
  • Failure of an attorney to be prepared for pre-trial hearing; failure of a party or attorney to appear; or failure to cooperate in good faith in the conduct of the pre-trial hearing, may subject said attorney or party to sanctions, including a finding of contempt, an award of expenses and/or attorney fees. Upon failure of the plaintiff or defendant to appear in person or by counsel at the pre-trial hearing in accordance herewith, the Court may proceed with all matters ex parte.
Rule 17: Pre-Trial Procedure in All Other Cases
  • Trial counsel shall appear at each pre-trial conference with client(s). At the pre-trial, trial counsel should be prepared for settlement of all issues. In the event that all issues are not settled at the pre-trial, the following matters shall be considered or completed by counsel for the parties: 
    • Those matters set forth in Rule 16 of the Civil Rules. 
    • Those matters set forth in Juvenile Rule 24 (a)(1)-(6). 
    • Further discovery proceedings including a completion date. 
    • Trial briefs as ordered by the Court. 
    • Status of case for trial. 
    • Narrow trial issues by stipulation. 
    • Other than in delinquency, unruly, and traffic cases, parties shall have made at least one (1) good faith attempt to settle the case. 
  • The pre-trial conference shall be assigned no later than two (2) weeks before the assigned date of the trial of the action. All counsel shall be fully prepared to discuss all the above issues at pre-trial. Failure to be so prepared may result in the imposition of sanctions, attorney fees and/or court costs. 
  •  All records requested by motions for discovery in the custody of the Marion County Children Services (MCCS) shall be examined by counsel at the office of MCCS during normal business hours or at such time as MCCS may approve in advance. 
  • MCCS shall make all records in the particular case, except those protected by statute: ORC 2151.141; OAC 5101:2-24-38 and USC Title 42 (6A) sec. 290dd-2, available to counsel and permit the reproduction of any documents requested by counsel. 
  • Marion County Children Services may charge counsel a reasonable fee for reproductions and if counsel is Court-Appointed, counsel shall submit said charges as expenses on the fee request. 
  • All actions will be pre-tried unless they are not contested, in which case the initial hearing date may be considered a final hearing on the action if the Court deems it appropriate. A notice of the following effect should be included with the filing of the action. 
The hearing scheduled on the above action will be considered a pre-trial conference before the Court, rather than a hearing on the merits, unless the party against whom the action is brought fails to appear at the hearing and does not file an objection to the requested relief, and if no such appearance or objection is made, the Court may proceed to the merits of the action at the scheduled hearing without further notice.
Rule 18: Family Court Services Department
  • The Court, pursuant to Ohio Revised Code Section 3109.04(C), may appoint Family Court Services, upon its own Motion or the Motion of a party, in order to complete an investigation. 
  • An investigation may be made as to the character, family relations, past conduct, earning ability, and financial stability of each parent and request the Court to order the parents and their minor children to submit to drug testing, assessments (alcohol, drug, etc.) and/or examinations (medical, psychological, psychiatric.). 
  • The report of the investigation shall be deposited with the Court not less than ten (10) days before trial or at the final pre-trial/settlement conference whichever is earlier. The Court shall notify all parties and/or counsel of record that the report will be available for examination only at the Court during normal business hours for examination. Only parties and/or counsel shall be allowed to examine the report. Use of cell phones or other recording instruments are not permitted by the parties when examining the report.
The report may be available at the settlement conference or final pre-trial provided that a final hearing has already been scheduled. The report shall be signed by the investigator, and the investigator shall be subject to cross-examination by either parent concerning the contents of the report.
Any documents, records, and interview notes collected or created in the course of an investigation, other than a submitted official report from the investigator, shall not be made available for review without a Court order.
  • If counsel intends to call the investigator as a witness, the investigator must be subpoenaed seven (7) days prior to the scheduled hearing. 
  • The Court may tax as costs all or any part of the expenses for each investigation.
Rule 19: Court Mediation Services
  • Definitions
    All definitions found in the “Uniform Mediation Act” (UMA) O.R.C. section 2710.01 are adopted by this Court through this Local Rule, including the following as used in this Local Rule: 
    • “Mediation” means any process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. 
    • “Mediator” means an individual who conducts a mediation. 
    • “Mediation Communication” means a statement, whether oral, in a record, verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator. 
    • “Proceeding” means a judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery. 
  • Purpose
    Mediation services have been established in order to promote greater efficiency and to facilitate the earliest possible resolution in Marion County Family Court cases. The Court will determine whether a matter is appropriate for the mediation process before scheduling a mediation conference. A mediation conference may be scheduled by court order during any pending case. Parties must attend the scheduled mediation conference. 
  • Scope
    At any time and in any pending action under the jurisdiction of the Marion County Family Court, a case may be referred for mediation services either in house or to an outside mediator. Mediation is prohibited in any case as an alternative to the prosecution or adjudication of domestic violence; in determining whether to grant, modify or terminate a protection order; in determining the terms and conditions of a protection order; or in determining the penalties or disposition for violation of a protection order. Mediation may be utilized in a subsequent divorce or custody case even though that case may result in the termination or modification of the provisions of a protection order. 
In Probate proceedings, mediation is prohibited in the following cases: 
    • Cases where one of the parties is or is alleged to be mentally ill; 
    • In emergency circumstances requiring an immediate hearing by a jurist;
    • Cases in which the parties have submitted an executed Agreed Judgment Entry; 
    • In Motions for an Emergency Guardian; or 
    • Upon Applications for a Special Administrator 
  • Post Decree Mediation
    The parties may file a Motion for Post Decree Mediation through the Court. The Motion and UCCJA forms are available at the Court. A filing fee will be charged which will include the cost of mediation. 
  • Procedure
    The Court may order parties to participate in mediation and/or an assessment session to determine the need for appropriate services. If, as a result of the mediation assessment process, a determination is made that the case will proceed to mediation, the Court may permit both parties to participate in mediation for a period not to exceed ninety (90) days, unless both parties request an extension for a time certain. 
  • Mediator Duties
    The mediator shall do the following: 
    • Advise all parties of their right to participate in mediation, and if the parties wish, that their attorney or other individual they designate may accompany them and participate in mediation. 
    • Keep confidential all communication whether verbal or written and advise parties and other participants of confidentiality issues. 
    • (Disclose to the mediation parties, counsel, and any non party participants any known possible conflicts that may affect the mediator’s impartiality as soon as the conflict becomes known to the mediator (see O.R.C. 2710.08(A)and(B).
    • Inform all interested parties and the Court that mediation is terminated if the mediator determines that further mediation efforts would be of no benefit to the parties or is otherwise inappropriate. 
    • Screen for domestic violence both before and during mediation (see F.C. Rule 19.08). 
    • Encourage appropriate referrals to legal counsel and other support services for all parties, including victims of and suspected victims of domestic violence. 
    • Comply with the Rules of Superintendence for Courts of Common Pleas and submit to the Court an Affidavit of Compliance in a form prescribed by the Court; 
    • Provide to the parties and their attorneys a summary of any agreement reached or a statement that the mediation has been terminated without an agreement; 
    • Provide to the attorneys and the Court a mediation report in the form provided by the Court. 
  • Confidentiality/Privilege
    All mediation communications related to or made during the mediation process are subject to and governed by the “Uniform Mediation Act”(UMA)O.R.C.2710.01 to 2710.10, O.R.C. 3109.052, the Rules of Evidence and any other pertinent judicial rule(s). 
All disclosures made by parties or information received from any source or person during mediation shall be deemed confidential and the mediator shall not be required to disclose any statements or discussions which occurred during mediation. Communications during mediation fall within the purview of the Rules of Evidence which prohibit any party from introducing these communications into evidence. The foregoing confidentiality requirements shall not, however, be construed to exempt any person from the statutory duty to report child abuse pursuant to Revised Code 2151.421. 

  • Mediation in Cases with Domestic Violence Issues
    For mediation of allocation of parental rights and responsibilities or the care of, or parenting time with, minor children or delinquency or status offense cases, mediation may proceed, when violence or fear of violence is alleged, suspected or present, only if the mediator has specialized training set forth in “Specific qualifications and training: domestic abuse” of this rule and all of the following have been satisfied: 
    • The person who is or may be the victim is fully informed, both orally and in writing, about the mediation process, his or her right to decline participation in the mediation process, and his or her option to have a support person present at mediation sessions. 
    • The parties have the capacity to mediate without fear of coercion or control. 
       Appropriate procedures are in place to provide for the safety of the person who is or may be the victim of domestic violence and all other persons present at the mediation. 
    • Procedures are in place for the mediator to terminate mediation if he or she believes that there is a continued threat of domestic violence or coercion between the parties. 
    • Written findings of fact, as required by O.R.C. 3109.052, have been made by the Court in referring a case involving domestic violence to mediation. 
  • Mediation in Abuse, Neglect and Dependency Cases
    Mediations in abuse, neglect and dependency cases shall comply with all provisions outlined above. In addition the mediator shall: 
    • Have had specialized training as set forth in the “Specific Qualifications and Training: Abuse, Neglect, and Dependency” section of this rule. 
    • Ensure that all parties will either be represented by counsel during mediation or will waive the right to counsel in open court prior to the onset of mediation. If a party is represented by counsel the party may attend mediation without his Attorney only when the right to have counsel present at mediation has been specifically waived. Waivers can be rescinded at any time. 
    • Notify the parties and non party participants of all mediation sessions. 
    • When mediation is ordered in a permanent custody case or a dependency, neglect and/or abuse case, it is a Court docketed event and mandates the appearance of all parties, legal counsel and the guardian ad litem. 
  • Mediator Qualifications
    The following qualifications apply to all mediators to whom the Court makes a referral: 
    • General Possess a bachelor’s degree or equivalent education or have at least two (2) years of professional experience with families, have completed at least twelve hours of basic mediation training or equivalent experience as a mediator that is satisfactory to the Court. 
    • Specific Qualifications and Training: Family A mediator employed by the Family Court or to whom the Family Court makes referrals for mediation of allocation of parental rights and responsibilities, the care of, or parenting time/visitation with minor children, abuse, neglect and dependency, or juvenile perpetrated domestic violence shall satisfy, in addition to the above, at least forty hours of specialized family or divorce mediation training which has been approved by the Dispute Resolution Section of the Supreme Court and have at least two years of professional experience with families. “Professional experience with families” includes mediation, counseling, casework, legal representation in family law matter, or such equivalent experience satisfactory to the Court. 
    • Specific Qualifications and Training: Domestic Abuse A mediator employed by the Family Court or to whom the Family Court makes referrals for mediation of any case shall complete at least fourteen hours of specialized training in domestic abuse and mediation through a training program approved by the Ohio Supreme Court Dispute Resolution Section. A mediator who has not completed this specialized training may mediate these cases only if he/she co-mediates with a mediator who had completed the specialized training. 
    • Specific Qualifications and Training: Abuse, Neglect and Dependency In addition to satisfying the requirements outlined above, a mediator employed by the Family Court or who the Family Court makes referrals for mediation of abuse, neglect, or dependency cases shall complete at least thirty-two hours of specialized child protection mediation training through either a formal training session or through a mentoring program approved by the Dispute Resolution Section of the Ohio Supreme Court. In addition, the mediator shall possess significant experience in mediating family disputes. 
  • Model Standards
    Mediators providing services for the court shall endeavor to comply with the Model Standards of Practice for Family and Divorce Mediation and the Special Policy Considerations for the State Regulation of Family Mediators and Court Affiliated Programs. In cases where these models are in conflict with Rule 16 of the Rules of Superintendence for the Courts of Ohio, the Rule shall control. 
  • Mediation Reports
    • Mediation Agreement: If pro se parties or parties with their respective attorneys reach an agreement in mediation, the mediation report is submitted to the court for review. If an attorney is not present at the mediation and the parties reach an agreement, the attorney is mailed a copy of the mediation report. The attorney may file written objections to the mediation report within ten (10) days of the date of mailing. If an objection is timely filed, the case may be referred to a magistrate or judge. If no objection is timely filed, the mediation report is submitted to the court for review. 
    • Agreements reached by the parties during mediation may become an order of the Court after review by each party’s attorney and upon submission to the Court in proper entry form. 
    • Absence of Mediation Agreement: If the parties do not reach an agreement to mediation, the mediation report is filed with the court and the matter is referred to a magistrate or judge. 
  • Costs
    The Court reserves the right to assess costs for mediation services and determine compensation for any mediator as may be deemed appropriate.
Rule 20: Judgement
  • All decrees for dissolution and uncontested divorces shall be submitted to the Court for approval three (3) days prior to the final hearing. 
  • The judgment specified in Civil Rule 58 shall be journalized within thirty (30) days of the hearing. If judgment is not prepared and presented for journalization by counsel or party, then it may be prepared and journalized by the Court. Failure to submit an entry to the Court within thirty (30) days of hearing may result in the Court issuing a Sua Sponte Motion to dismiss and dismissal of the case. 
  • All orders related to child support or spousal support shall contain the following information: 
    • Names, addresses, Social Security numbers, birth dates of the parties, and SETS number; 
    • The amount of child support awarded on a monthly basis, per child, plus processing fee; 
    • Child support and/or spousal support to be paid through the Ohio Child Support Payment Central; 
      The effective date of the establishment or modification of support; 
    • A provision for income/assets withholding order consistent with Revised Code 3112.21(D); 
    • Whether any support arrearages/overages that have accrued pursuant to temporary orders are merged or not merged into the final Entry. (See Mar. F.C. Rule 20.14) 
  • Consent entries involving the allocation of parental rights or otherwise affecting the welfare of minor children must be preceded with the filing of a Motion and Affidavit 3 (Parenting Proceeding Affidavit)(Form C) and may be subject to investigation before approval by the Court. 
  • All shared parenting plans filed with the Court must be a separate document, typed, styled as a Shared Parenting Plan, and be attached to and incorporated into a Final Decree of Shared Parenting.(See Marion F.C. Rule 5.03) 
  • All separation agreements filed with the Court must be a separate document, typed, styled as a Separation Agreement, and be incorporated by reference into the Final Decree. (See also Marion F.C. Rule 5.03) 
  • If no effective date for support is stated in the order, the effective date shall be the file stamped date of the order.
  • Unless specifically stated otherwise in the separation agreement, the effective date of any support order shall be the date of execution of the separation agreement. 
  • In cases where motions have been settled and the attorney has been required to submit a judgment entry, the judgment entry shall be submitted within thirty (30) days of the hearing date. 
  • The Court may order either counsel to prepare the judgment entry setting forth the agreement of the parties. Said judgment entry shall be submitted to the opposing counsel prior to the submission to the Court. If counsel are unable to agree upon the judgment entry, the opposing counsel shall notify in writing, within five (5) days, the counsel who prepared the entry. Both counsel may thereafter submit an entry to the Court within ten (10) days of the written notice, and the Court may direct which entry shall be filed. A judgment entry sent for signature which is not returned or rejected by opposing counsel within five (5) days, may be submitted to the Court without the signature of the opposing counsel or party. A judgment entry submitted to the Court without the signature of the opposing counsel or party shall indicate “submitted but not approved”. All judgment entries not signed by both parties shall be accompanied by a copy of the transmittal letter indicating the date on which the judgment entry was sent to the opposing counsel or party. 
  • All judgments shall include a direction to the Family Court to serve upon all parties notice of the judgment and its date of entry upon the journal pursuant to Civil Rule 58. 
  • In order to ensure inclusion of certain required provisions/language, an addendum to the Judgment Entry in the same form as appended to these rules as Form K shall be attached to and incorporated by reference in all judgment entries related to allocation of parental rights and responsibilities, child support, or spousal support. 
Form L attached hereto may be used to comply with relocation notice requirements. 

  • All agreed Judgment Entries shall be signed by Counsel of Record and the parties. 
  • Any support arrearages/overages which might have accrued pursuant to temporary orders shall be merged with the final order unless specifically ordered otherwise. This issue shall be addressed in each entry before the final entry will be approved.
Rule 21: Qualified Domestic Relations Court Order
  • Unless otherwise agreed, the counsel for the alternate payee entitled to the pension or retirement plan shall prepare the Qualified Domestic Relations Order (“QDRO”) for submission to the Court. 
  • Whenever the parties agree to divide a pension or retirement program by a QDRO, they or their counsel shall sign and approve the original of a QDRO submitted to the Court, and shall sign and approve any subsequent QDRO submitted to the Court. 
  • The QDRO shall be submitted to the plan administrator no later than ninety (90) days after the judgment for divorce or legal separation. In a dissolution of marriage proceeding, the QDRO shall be submitted on the date of the final hearing with the decree of dissolution.
Rule 22: Guardian Ad Litem
  • The rules and qualifications concerning Guardian Ad Litems in the Marion County Family Court shall be governed by Rule 48 of The Rules of Superintendence. In addition, the individual must be an attorney who is a member in good standing of the Ohio Bar and who is experienced in Family Court matters.
Rule 23: Court Appointed Counsel
  • The right of all parties to be represented and retain counsel of their own choosing is implicit in the law and is fully recognized by the Court. Indigent parties shall be appointed counsel as provided in the Ohio Revised Code and Ohio Rules of Juvenile Procedure and Supreme Court rulings.
  • The list of attorneys available for appointment in any action will be maintained by the Court. Any eligible attorney whose name does not appear on the list may have his or her name added upon approval by the Court. 
  • All attorney fee applications for assigned counsel in any action shall be filed with the Court every thirty (30) days during the pendency of the action with the final application also being filed with the Court within thirty (30) days of the date of final disposition of the action. Any application for attorney fees for assigned counsel received after thirty (30) days from the date of final disposition will not be approved for the full amount. 
  • No attorney of record will be allowed to withdraw nor may they be discharged within fourteen (14) days of the trial date except for good cause shown and provided that such action is not the fault of the attorney and is not for the purpose of delay.
Rule 24: Withdrawl of Counsel
  • Attorneys seeking to withdraw as counsel in pending cases shall submit a written request, which shall be in the form of a motion, along with a proposed order. There must be a certificate of service to the opposing counsel and to the withdrawing counsel’s client. The order shall state the date and time of any scheduled hearing and that new counsel should be promptly obtained, unless new counsel is already substituted on the case. Should new counsel have been substituted, the name of said counsel shall be included in the motion and order.
Rule 25: Admission of Out of State Attorneys
  • An attorney not licensed to practice law in the State of Ohio, but who is duly licensed to practice law in any other state or the District of Columbia, may, in the discretion of the Trial Judge, be permitted to represent a party or parties in any litigation pending or to be in this County after completion of all of the following conditions: 
    • File a written oath substantially in compliance with Rule 1 Section 8A of the Rules for the Government of the Bar. 
    • Certify in writing that he or she has familiarized himself or herself with Local Court Rules and will familiarize himself or herself with the appropriate Civil, Juvenile, or Criminal Rules, the Rules of Evidence, and the Code of Professional Responsibility. 
    • Be sponsored in writing by an attorney, licensed to practice law in the State of Ohio. The motion made by the licensed attorney shall certify such out of state counsel’s compliance with this Rule and the Rules for the Government of the Bar. 
    • The sponsoring attorney shall submit with the motion and certification an entry authorizing the approval of the motion; and 
    • The sponsoring attorney, or any other attorney licensed to practice law in the State of Ohio, shall be co-counsel with the attorney admitted pro hoc vice. 

The continuance of any scheduled trial or hearing date shall not be permitted solely because of the unavailability or inconvenience of the out of state counsel.

Rule 26: Attorney Fees
  • Any request for attorney fees must be made by written Motion and affidavit. Said Motion shall be filed at least seven days prior to the final hearing and served upon opposing counsel or the opposing party, if pro se. The opposing counsel or party shall have 14 days to file a written objection to the Motion. In cases where the request for attorney fees is $500.00 or less, the Court will make a ruling as to the reasonableness of the fees based upon the affidavits. If the request for attorney fees exceeds $500.00 and an objection is filed, the Court shall set a hearing to determine whether the request is reasonable and equitable. 
    • In determining whether an award is equitable, the affidavit in support of attorney fees shall include the following: 

    •  An itemized statement describing the services rendered, the time for such services, the requested hourly rate, and necessary expenses and costs for litigation; 
    • A statement as to whether the case was complicated by any factor which necessitated extra time being spent on a case; 
    • A statement regarding the attorney’s years in practice and experience in Family Court cases; and 
    • In an action for divorce, dissolution, legal separation, or annulment, statements regarding the parties’ marital assets and income (Updated Affidavit 1 (Income and Expenses Affidavit)), awards of temporary spousal support, conduct of the parties, or other relevant factors. 
    • In any post decree motion or proceeding that arises out of an action for divorce, dissolution, legal separation, or annulment, the Court may consider statements regarding parties’ income, conduct of the parties, or other relevant factors but may not consider the parties’ assets. 
    • In any motion or proceeding arising out of an action to establish parentage, or the allocation of parental rights and responsibilities, the Court may consider statements regarding parties’ income, conduct of the parties, or other relevant factors but may not consider the parties’ assets. This rule shall not be construed to give rights not afforded under Ohio law.
Rule 27: Recording of Proceedings
  • Pursuant to Rule 37 of the Ohio Rules of Juvenile Procedure and the Rules of Superintendence for Courts of Common Pleas, a complete record of all testimony, or other oral proceedings shall be taken in shorthand, stenotype or by any other adequate mechanical or electronic recording device. 
  • If a party prefers the services of a stenographer, he or she shall make his or her own arrangements for such services. If the stenographer’s transcript is to be used as an official record, the Court will need to approve and appoint the reporter as official Court reporter for the particular hearings. The expense of a Court reporter may be taxed as costs in the case. 
  • No public use shall be made by any person, including a party, of any record or transcript thereof except in the course of an appeal or as authorized by the Court. 
  • If a request for a transcript is for the purposes of an appeal, the Court Reporter will certify the Docketing Statement by indicating an estimated number of pages and how much time is needed to complete the transcript. 
In indigent cases, the transcript is prepared and the Court is billed. 

In non-indigent cases, the attorney will be advised by the court reporter of the estimated cost of the transcript and a deposit is required prior to the preparation of the transcript.
 
  • If a request for transcript is for cases that are pending further hearing, (i.e. objections, trial, closed cases, etc.) that request must be made by filing a written Motion whether the attorney is appointed or retained or represents the State. A written Motion is also required if the party is not represented by counsel. The Motion should specify who is responsible for payment. No transcript shall begin until ordered by the Court. The same rules apply as in appeal cases: in indigent cases, the transcript is prepared and the Court is billed; in non-indigent cases, a deposit is required prior to preparation of the transcript. 
  • The policy of this Court is that indigent parties shall have access to transcripts/recordings equal to that of non-indigent parties. The officer of the Court, charged with securing counsel for indigent parties, shall determine those individuals entitled to a free or reduced rate transcript. All transcripts fully or partially paid by the Court must be approved by Judge’s order.
Rule 28: Photographing, Recording and Broadcasting of Court Proceedings
  •  In compliance with Canon 2 of the Code of Judicial Conduct and Superintendence Rule 12, the Court shall permit the broadcasting, televising, recording or photographing of Court proceedings. The term proceedings shall be understood to apply to public hearings by the Court. 
  • Requests for permission to broadcast, televise, record or photograph in the courtroom shall be made in writing (Form M) to the Court Director as far in advance as reasonably practicable but in no event later than twenty-four (24) hours prior to the courtroom session to be broadcast, recorded or photographed unless otherwise permitted by the Judge for good cause shown. 
  • The Court Director shall immediately inform the Judge assigned to the case of written media requests. The Court Director shall also immediately inform the attorneys for all the parties in the case of the media request. If time does not permit notification by mail then telephonic means or notification in person must be attempted. The intent of this Rule is to allow attorneys for all parties an opportunity to be heard prior to the Judge deciding the media request. 
  • In the event the Judge approves the media request, the Judge shall prepare and sign a journal entry setting forth the conditions of media broadcasting, televising, recording or photographing. This entry shall be made a part of the record of this case. Canon 2 of the Code of Judicial Conduct, Rule 12 of the Rules of Superintendence and this Rule shall govern the Judge’s granting of the media request. 
  • In the event of a continuance of the Court proceeding requested to be broadcast, televised, recorded or photographed for a period of more than 30 days, a new media request shall be required. 
  • Any equipment which is non-portable shall be set up and ready for operation prior to commencement of the morning or afternoon Court sessions. In no event will persons be permitted to bring equipment into the courtroom during trial unless such equipment can be easily carried by a single person and without causing a distraction or disturbance. 
  • No media recording of proceedings in the Judge’s chambers or accesses thereto shall be permitted except with express permission of the Judge. 
  • The Judge, counsel and witnesses shall not address any remark to or via the media when the Court is in session. In all respects, the trial shall proceed in exactly the same manner as though there were no media recording in progress. 
  • No media recording shall be made of any document or exhibit before or after such document or exhibit is admitted into evidence, except those that are clearly visible to spectators, e.g., maps, charts, blackboards, etc. 
  • Permission for media recording shall in no way diminish the ethical requirements applicable to Judges and attorneys respecting comments or the release of information relating to a case in progress. 
  • Canon 2 of the Code of Judicial Conduct and Rule 12 of the Rules of Superintendence are incorporated herein by reference and adopted into this Rule. 
  • All media representatives shall be properly attired in a manner which reflects positively upon the media profession. Proper courtroom decorum shall be maintained by all media representatives. 
  • No personal recording devices shall be permitted in the courtroom.
Rule 29: Record Retention and Destruction
  • The Court, in compliance with Superintendence Rule 26(F) may destroy exhibits, depositions and transcripts if they are not retrieved within sixty (60) days of the written notification of intent to destroy.
Rule 30: Magistrates
  • The powers and duties of Magistrates shall be defined in Rule 40 of the Ohio Rules of Juvenile Procedure, Rule 53 of the Ohio Rules of Civil Procedure and Criminal Rule 19, as amended on July 1, 1995. 
  • A Magistrate may enter orders effective without judicial approval in pre-trial proceedings. Any person may appeal to the Court from an interlocutory order by filing a motion to set the order aside, stating the party’s objection with particularity. The pendency of a motion to set aside does not stay the effectiveness of the Magistrate’s order unless the Magistrate or the Court grants a stay. 
  • A Magistrate is not required to prepare any report other than the Magistrate’s Decision. After conducting the proceedings necessary for decision of referred matters, the Magistrate shall prepare, sign and file a Magistrate’s decision with the Clerk. If any party requests findings of fact and conclusions of law, the Magistrate’s decision shall include proposed findings and conclusions. If an attorney of record requests findings of fact and conclusions of law, they shall present proposed findings and conclusions to the Magistrate within seven (7) days of the request. Failure to present proposed findings and conclusions within seven (7) days of the request will be deemed a withdrawal of the request. 
  • In a matter in which all issues are agreed, the parties may waive the Magistrate’s Decision by signing a waiver with unanimous consent. When there is a waiver of the Magistrate’s Decision, an agreed judgment entry shall be submitted to the Court. 
  • The Magistrate’s decision shall be effective when adopted by the Court as noted in the Journal Record. 
  • Within fourteen (14) days of the filing of a Magistrate’s decision, a party may file written objections to the decision. The objection shall be specific and state with particularity the grounds of the objection. 
  • The Court may adopt a Magistrate’s decision and enter judgment without waiting for timely objections by the parties, but the filing of timely written objections shall (except commitments to the Ohio Department of Youth Service or the North Central Ohio Rehabilitation Center in delinquency cases), operate as an automatic stay of execution of that judgment until the Court disposes of objections and vacates, modifies or adheres to the judgment previously entered.
Rule 31: Court Security
  • All persons entering the Court area or in the corridors adjacent thereto are subject to security screening. Security screening may occur for each visit to the Court facility regardless of the purpose or the hour.
  • CHILD RESTRAINT RULE
    • Physical restraint shall not be utilized unless the Judge or Magistrate before whom the child is appearing makes an individualized determination on the record that there is no less restrictive alternative to the use of physical restraint and that the physical restraint of the child is necessary because of either of the following:
      • The child represents a current and significant threat to the safety of the child’s self or other persons in the courtroom;
      • There is a significant risk the child will flee the courtroom.
    • The Judge or Magistrate shall permit any party, as defined in Juv.R. 2(Y), to be heard on the issue of whether the use of physical restraint is necessary for that particular child at that particular proceeding;
    • If physical restraint is found necessary by the Judge or Magistrate, such restraint shall be the least restrictive necessary to meet the risk requiring the restraint and in a manner which does not unnecessarily restrict the movement of the child’s hands.
Rule 32: Parenting Time Schedule (cannot be ordered as of 8/1/21)
  • Parties are encouraged to discuss and agree on a liberal parenting time schedule. When the parties are unable to agree on arrangements, the following schedule shall apply as a minimum order to those cases where the parties reside within a sixty (60) mile radius of each other. Specific orders in the Decree shall take precedence over this schedule. Changes or modifications may be ordered by the Court if demonstrated to be appropriate. 
  • GENERAL RULES

    • The child(ren) and parties shall cooperate during all periods of parenting time. The child(ren) and custodial party have no duty to await the visiting party for more than thirty (30) minutes past the scheduled time for the commencement of parenting time. 
    • In the event that the scheduled parenting time cannot be complied with because of illness or other good cause, the other party shall be notified as soon as possible. The period missed shall be rescheduled for the following weekend unless otherwise agreed upon. 
    • Sufficient clothing and personal items must be sent and returned with the child(ren). 
    • Unless the parties agree otherwise responsibility for transportation costs shall be shared equally by the parties, with the exception that the non-residential party shall have the responsibility of picking up and returning the child(ren) when the parties reside within a ten (10) mile radius of each other. 
    • All parties have the right to contact the child(ren) by phone at reasonable times when the child(ren) is/are with the other party. All parties shall contact the other in case of illness or injury to the child(ren) that requires medical attention by a physician. All parties shall be notified of any special school functions, teacher conferences or other special events. All parties shall have equal access to any school or medical information concerning the child(ren). The party first receiving any grade card or other information from the school shall give a copy to the other party if requested. 
    • Holidays take precedence over regularly scheduled visitation. 

  • SPECIFIC PARENTING TIME
    • Alternate weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. 
    • Five (5) weeks each summer to be scheduled two weeks in June, two weeks in July, and one week in August unless the parties agree otherwise. Each party shall provide the other with a general itinerary if they plan an out of town vacation with the child(ren). Both parties shall notify the other in writing by May 30th of each year as to the vacation schedules. 
    • The non-residential party shall have Christmas visitation from 11:00 a.m. Christmas Day to 6:00 p.m. December 29th. If the non-residential party’s regularly scheduled weekend parenting time includes the residential party’s Christmas Eve day, that weekend parenting time is eliminated and shall not be made up. 
    • Non-residential party on even numbered years: Easter from the Friday before at 6:00 p.m. to Easter Sunday at 6:00 p.m.; Independence Day from 9:00 a.m. to July 5th at 9:00 a.m.; Thanksgiving Day weekend from the Wednesday before at 6:00 p.m. until the Sunday after at 6:00 p.m. 
Non-residential party on odd numbered years: Memorial Day weekend from the Friday before at 6:00 p.m. until Memorial Day at 6:00 p.m.; Labor Day weekend from the Friday before at 6:00 p.m. until Labor Day at 6:00 p.m. 
When the non-residential party’s regularly scheduled weekend parenting time coincides with a residential party’s holiday enumerated in paragraph d, then the residential party’s holiday shall control and the non-residential party’s regularly scheduled parenting time shall be made up the weekend following said holiday. 
    • The child(ren) shall celebrate his or her birthday in the home of the residential party, unless it falls on a parenting time day, and the other party can celebrate at another time if desired. 
    • Parent’s Days: If it falls on a non-parenting time weekend and if parent is non-residential, from noon to 6:00 p.m. If it falls on a parenting time weekend and if parent is residential, child to be returned by non-residential parent at noon on Sunday.
Rule 32 A: Parenting Time Schedule (cannot be ordered as of 8/1/21)
  • Children require the continued and regular involvement of both parents despite the termination of their parent’s relationship. No standard Parenting Time schedule can possibly meet the needs of every parent-child relationship and therefore the Court encourages parties to develop parenting plans which meet the specific needs of their child(ren). This includes the importance of keeping cultural and religious celebrations in mind when creating a schedule. 
  • During and after the termination of a family relationship, there is often a crisis period during which families are under great stress because of loss, conflict and change. Unfortunately, whether intentional, or otherwise, children tend to become pawns in a struggle between their parents. Most studies indicate, and psychologists uniformly agree, that the children who “do best” are those whose parents are able to maintain a low level of conflict. The absence of conflict is just as important as the amount of time either parent spends with the child(ren). 
  • The Court adopts this minimum Parenting Time Schedule in the hopes that it is unnecessary. In cases where the parents cannot agree to parenting times, the Court’s Standard Parenting Time Schedule will be considered the minimum parenting time for a non-residential parent absent a showing of danger to the child(ren), and the Court encourages the parties to minimize conflicts as much as possible. Specific items in a Journal Entry take precedence over this schedule. 
  • Careful consideration has been given to fostering Parenting Time between the child(ren) and both parents. The Court has established distinct schedules according to the distance between the parents and the age of child(ren). 
  • GENERAL RULES
    • Waiting for Parenting Time exchange: The child(ren) and/or residential parent have no duty to wait for the non-residential parent to arrive for more than thirty (30) minutes. The non-residential parent who is more than thirty (30) minutes late for a particular period of time shall forfeit that time. An exception shall be made if, and only if, the tardiness of the non-residential parent is for just cause and the residential parent receives both prompt notification and a reasonable estimated arrival time. 
    • Cancellation of Parenting Time period: In the event that the scheduled parenting time cannot be complied with because of illness or other good cause, the other party shall be notified as soon as possible. The period missed shall be rescheduled for the next available comparable day and time unless otherwise agreed upon. 
    • Clothing: The residential parent is responsible for providing sufficient, appropriate, clean clothing for every parenting time period, based on the lifestyle of the residential parent and the child(ren). If the planned Parenting Time activities require special or unusual clothing needs, the non-residential parent must notify the residential parent at least two (2) days in advance of the Parenting Time period. If the child(ren) do not have the type of clothing requested, the residential parent is under no obligation to comply with the request. All clothing sent by either parent must be returned immediately after the Parenting Time period. The non-residential parent is not required to return the clothing washed and cleaned, unless the non-residential parent has the child(ren) for a period in excess of four (4) days. Additionally, any clothing purchased by the non-residential parent and which the child(ren) are wearing upon their return to the residential parent after Parenting Time, shall be returned, washed and cleaned, by the residential parent to the non-residential parent at the next Parenting Time period. 
    • Transportation: Unless otherwise provided for in these rules or the parties agree, responsibility for transportation costs shall be shared equally by the parties with the parent beginning to exercise their parenting time being responsible for providing the transportation. (i.e. non-residential picks up child(ren) on Friday evening and residential parent picks up the child(ren) on Sunday evening) The exception to this rule is that the non-residential parent shall have the responsibility of picking up and returning the child(ren) when the parties reside within a ten (10) mile radius of each other. 
    • Telephone Contact: Both parents have the right to contact the child(ren) by phone at reasonable times when the child(ren) are with the other parent. The frequency of these phone calls shall also be reasonable. The other parent shall not participate in these calls. The parent placing the call shall bear any expense associated with telephone calls unless the other parent has given permission to be phoned collect. The child(ren) may call either parent (collect with the agreement of the parent being called) at any and all reasonable times as the child(ren) wish. 
    • Access to records: Both parents shall have access to all medical, dental, optometric, psychiatric and psychological records of the minor child(ren) and may consult with any treating physician, dentist, or other health care provider of the child(ren). Both parents shall execute any authorizations or releases necessary to release these records and documents to the other. Both parents shall have the authority to consent to any necessary emergency medical treatment for the child(ren). All parties shall contact the other in case of illness or injury to the child(ren) that requires medical attention by a physician. 
Both parents shall have equal access to any school records concerning the child(ren). Both parents shall have the right to participate in parent-teacher conferences, school trips, school programs, and other school activities and events in which the parents are invited to participate. The party first receiving any grade card or other information from the school shall give a copy to the other party within three (3) days of receipt unless otherwise agreed. 

Both parents shall have access to baby-sitting, day care, preschool and/or latchkey records of the child(ren). Both parents shall be entitled to communicate with all physical care providers for the child(ren). Either parent shall execute any authorizations or releases necessary to release the records to the other. Both parents shall have access to all religious records of the child(ren). Both parents shall have the right to participate and attend all religious activities of the child(ren). 

(Also see Form K of the Marion County Rules of the Court of Common Pleas, Family Division.) 
    • Extra-curricular activities: Regardless of where the child(ren) are living, their continued participation in a reasonable amount of extra-curricular activities, school related, or otherwise, shall continue uninterrupted. For parents following the local parenting time plan, it shall be the responsibility of the parent with whom they are in the physical care at the time of the activity to provide the physical and economic cost of transportation to these activities. For parents following regional or long distance parenting plans, uninterrupted participation in extracurricular activities may not be possible. The Court encourages parents to communicate and cooperate in order to support their child(ren)’s extra-curricular activities. Both parents shall provide the other parent with notice of all extra-curricular activities, school related, or otherwise in which the child(ren) participate. Schedules of all extra-curricular activities and the name of the activity leader (including address and telephone number if reasonably available) shall be given to the other parent. 
    • Car/Booster Seat: For any and all child(ren) required by law to ride in a car/booster seat, the parents shall transfer the car/booster seat with the child(ren) as Parenting Time exchanges occur. 
    • Current address and phone number: Each parent must keep the other informed of his/her current address and telephone number at all times. Any change of address, or phone number is to be reported to the other parent within forty-eight (48) hours. Also, each parent must file a Notice of Change of Address (Form L) with the Court. 
      Conflict between Parenting Time Schedules: In the event of a conflict, holidays take precedence over regularly scheduled visitation. 
If the parties have more than one child and the children are between the ages of three (3) and thirteen (13) and fall into different age categories, parenting time will be controlled by the age category in which the oldest child may fall for all children at issue, unless otherwise agreed by the parties or ordered by the Court. 

  • SPECIFIC PARENTING TIME
    • Local
      • Birth to 2 years 
Three weekly visits, two of which will be for 2-6 hours, and one over night, on the days and times the parties can agree. If the parties cannot agree, then parenting time will take place on every Monday and Wednesday, from 4:30 p.m. until 7:00 p.m. and overnight pursuant to the following rotating schedule (unless otherwise ordered by the Court). 
Week 1 – Friday 6:00 p.m. until Saturday 6:00 p.m. Week 2 – Saturday 6:00 p.m. until Sunday 6:00 p.m. Week 3 – Friday 6:00 p.m. until Saturday 6:00 p.m. Week 4 – Residential parents’ weekend 
      • 3 Years to 5 Years 
Two weekly visits for 2-6 hours, and alternating weekends on the days and times the parties can agree. If the parties cannot agree, the parenting time will take place on every Monday and Wednesday from 4:30 p.m. until 7:00 p.m. and alternating weekends from Friday, 6:00 p.m. until Sunday, 6:00 p.m., unless otherwise ordered by the court. 
      • 6 Years to 13 Years 
Every other weekend from Friday after school (as soon as the non-residential parent can pick up the child) until Sunday at 6:00 p.m. plus one evening a week, as the parties can agree. If the parties cannot agree, the midweek visit will be Wednesdays from 4:30 p.m. until 7:00 p.m. and alternating weekends from Friday 6:00 p.m. until Sunday 6:00 p.m., unless otherwise ordered by the court. 
      • 14 Years until age 18 
Parents must keep in mind that at this stage of development, the teenager’s world revolves around peers and activities. Being flexible is key to designing a parenting time schedule that allows the adolescent to spend time with his/her parents and also participate in academic and social activities that are valued by the adolescent. That is, both parents will probably find that they are spending less time with their teenager(s). Parenting time is expected to take place weekly, with days and times to be agreed upon between the adolescent and the parents (parties). 

If the adolescent and the parents (parties) cannot agree: 
      • For ages 14 and 15, parenting time will be every other weekend from Friday after school (as soon as the non-residential parent can pick up the child) until Sunday at 6:00 p.m. and every Wednesday, from 4:30 p.m. until 7:30 pm, unless otherwise ordered by the court. 
      • For ages 16 until age 18, the parenting time will be every Wednesday from 4:30 p.m. until 8:00 p.m. and overnight pursuant to the following rotating schedule (unless otherwise ordered by the Court). 
Week 1 – Friday 6:00 p.m. until Saturday 6:00 p.m. Week 2 – Saturday 6:00 p.m. until Sunday 6:00 p.m. Week 3 – Friday 6:00 p.m. until Saturday 6:00 p.m. Week 4 – Residential parent’s weekend 

  • Regional (more than 100 miles apart but less than 200 miles)
Parents shall follow the same plans as the Local schedule with the following exception: 
Any mid-week parenting time must be exercised in the county of the child(ren)’s residence. The non residential parent shall bear the cost of transportation to the mid-week visits. 

  • Summers (For Local and Regional Parenting Plans)
Non-residential parents shall have five (5) weeks each summer to be scheduled two weeks in June, two weeks in July, and one week in August unless the parties agree otherwise. The two week periods will be divided by a residential parent weekend. 
The mid-week parenting time shall be available to both the residential and non-residential parents in their respective weeks. Each parent shall be entitled to designate two (2) of their weeks as uninterrupted time without mid-week visits, upon giving fourteen (14) days written or electronic notice to the other parent. 
If the child(ren) are not school age the five (5) weeks may be scheduled at any time during the year. 
Both parties shall notify the other in writing at least three months prior to the date they wish to exercise their time. If both parents submit the same dates thereby creating a conflict, then the non-residential parent’s schedule shall control in even numbered years and the residential parent’s schedule shall control in odd numbered years. 
Each party shall provide the other with a general itinerary and contact phone numbers if they plan an out of town vacation with the child(ren). 

  • Holidays
The non-residential parent shall have parenting time every year from December 27th at noon until December 30th at noon. The long distance schedule is an exception to this provision. 
Non-residential parent on even numbered years: 
  • Easter from the Friday before at 6:00 p.m. to Easter Sunday at 6:00 p.m.;
  • Independence Day from 9:00 a.m. to July 5th at 9:00 a.m.; 
  • Thanksgiving Day weekend from the Wednesday before at 6:00 p.m. until the Sunday after at 6:00 p.m.; 
  • Christmas Day at noon until December 30th at noon, with the residential parent getting December 23rd at noon until Christmas Day at noon.
Non-residential parent on odd numbered years: 
    • Memorial Day weekend from the Friday before at 6:00 p.m. until Memorial Day at 6:00 p.m.; 
    • Labor Day weekend from the Friday before at 6:00 p.m. until Labor Day at 6:00 p.m.; 
    • December 23rd at noon until Christmas Day at noon, with the residential parent getting Christmas Day at noon until December 27th at noon. 
When the non-residential parent’s regularly scheduled weekend parenting time coincides with a residential parent’s holiday enumerated in this section, then the residential parent’s holiday shall control and the non-residential parent’s regularly scheduled parenting time shall be made up the weekend following said holiday. 
The child(ren) shall celebrate his or her birthday in the home of the residential parent, unless it falls on a non-residential parenting time day, and the other parent can celebrate at another time if desired. 
Parent’s Days: The mother shall have parenting time from noon to 6:00 p.m. on Mother’s Day. The father shall have parenting time from noon to 6:00 p.m. on Father’s Day. 
If a scheduled day off from school falls on a Friday preceding a non-residential parent’s weekend that is not a holiday as set out above, the non-residential parent’s weekend shall commence Thursday at 6:00 p.m. 
If a scheduled day off from school falls on a Monday following a non-residential parent’s weekend that is not a holiday as set out above, the non-residential parent’s weekend shall be extended until Monday at 6:00 p.m. 

  • Long Distance (more than 200 miles apart)
(Excerpts from Planning for Parenting Time: Arizona’s Guide for Living Apart) 

Parents must be aware of the impact of relocation on their child and that relocation may require the permission of a judge. Long?distance parenting rules apply whenever the move between homes is more than 200 miles. 

Disagreements about long?distance parenting time often result in the judge or magistrate making a decision. Unfortunately, a decision by a judge or magistrate may not please either party. Each relocation case is unique, and the right decision is based on the specific facts for each family. Parents should make a serious effort to resolve a parenting time dispute themselves or with the help of a mediator, or an attorney. Any reasonable agreement between the parents negotiated in good faith is usually better than having a judge decide the matter after the expense and stress of a court hearing. 

A parent who wants to move a long distance with, or without, a child should think about many things before making a decision. Long distances often weaken the relationships between children and parents. If the move is necessary, parents might want to consider relocating both households to the same city. If it isn’t possible, parenting time for the distant parent must be at regular and frequent times during the year. The court considers many factors, and parents should think about these factors. Each parent should take a moment and “stand in the other parent and the child’s shoes.” What is their point of view? How would I feel if my child moved away to another city? Think about all the facts including the age and maturity of the child, the child’s developmental needs, sibling bonds, school and work schedules, transportation costs, the presence of supportive family and friends in each city, and the gains or loss of extended family. 
For most children, a long?distance move may result in less regular contact with both parents. If both parents are within a reasonable distance of each other, the child will benefit. When parents live far apart, a child’s daily and weekly contact is reduced and large gaps of time without physical contact between the child and parent develop. When both parents move to the same general area, it is less disruptive. No matter the distance, a child will benefit from as much regular and frequent physical contact with each parent as possible. 
If the parties have more than one child and the children fall into different age categories, parenting time will be controlled by the age category in which the oldest child falls for all children at issue, unless otherwise agreed by the parties or ordered by the Court. 

  • Birth to Kindergarten
This is an important time for bonding between parents and children. For most children, the loss of a strong bond is a lifelong issue. In contrast, building a strong bond creates a sense of belonging, encourages active and committed parents, causes healthy adult relationships with both genders, facilitates co?parenting, and improves communication between parents and a growing child. If possible, the long distance separation should be delayed so that both parents and children can make best use of their time together during these formative years. If the move can’t be delayed, the parenting time schedule should be designed to provide the most direct and frequent physical contact between the child and both parents that time and money permit. If the parents cannot agree, the following schedule shall control. 
Upon thirty (30) day notice to the residential parent the non-residential parent may exercise any of the times granted under the Local schedule. 
Up to eight (8) weeks per year in four (4) separate blocks of time lasting two (2) weeks each. Unless otherwise agreed, parenting time shall occur February 1st through 14th, May 1st through 14th, and August 1st through August 14th. 
Additionally, parenting time shall occur in odd numbered years from December 1st through 14th and in even numbered years from December 14th through December 28th. 

  • Kindergarten to Age 18
The parties should continue to make the most of the time each parent has with the child. The schedule should be adjusted to follow closely the child’s regular school schedule. The school year parent must sacrifice frequent physical contact during non?school times such as the summer and holidays, while the non?school parent must sacrifice frequent physical contact during the school semesters. Some schools have year?round or modified year?round schedules that provide for more frequent or longer breaks with the distant parent. If parents can find a school with such a schedule, this will be of assistance to children. 
Parents need to remember that as children get older they may be less likely to be in favor of spending large blocks of time due to their own activities. It is important to consider the child’s wishes, concerns, and ideas in developing a long distance plan. If the parents cannot agree, the following schedule shall control. 
Upon thirty (30) day notice to the residential parent the non-residential parent may exercise any of the times granted under the Local schedule. 
Up to eight (8) weeks during the summer break commencing a week after the last day of school and ending no later than a week before school resumes in the fall. 
Every spring break from 6:00 PM on the last day of school before the break until 6:00 PM the day before school resumes. 
One half of every winter break. The non-residential parent shall exercise parenting time the first half of the winter break in even numbered years and the second half of winter break in odd numbered years.
Parenting Addendum (Form K) (effective date: 2/26/2019)
ADDENDUM

To the extent the provisions in this addendum are inconsistent with the specific language of the Judgment Entry, the Judgment Entry shall control.

CHILD SUPPORT NOTICE PROVISIONS

  • The current child support obligation and cash medical support obligation shall continue until the child reaches the age of eighteen (18) years, the support obligor dies, the child dies, or the child becomes otherwise emancipated, whichever first occurs; however, as long as the child continuously attends on a full-time basis any recognized and accredited high school, the current child support obligation and cash medical support shall continue until the child reaches the age of nineteen (19) years.  The current child support obligation and cash medical support obligation shall continue during the child’s seasonal vacation periods.
  • Payments are to be paid to Ohio Child Support Payment Central, P.O. Box 182372, Columbus, Ohio  43218.  The Child Support Obligor shall make payments by certified check, money order, personal check, or traveler’s check until such time as the payments are withheld by an income withholding or deduction notice.  Case Number and Order Number shall be included on all payments.
  • All child support ordered by this Order shall be withheld or deducted from the wages or assets of the obligor under the Order in accordance with O.R.C. Section 3121.03 and shall be forwarded to the Child Support Obligee under the Order in accordance with the Ohio Revised Code.  Pursuant to O.R.C. Section 3121.34, a person required to comply with withholding or deduction notices described in O.R.C. Section 3121.03 shall determine the manner of withholding or deducting from the specific requirement included in the notices without the need for any amendment to the support order, and a person required to comply with an order described in O.R.C. Sections 3121.03, 3121.04 to 3121.06, and 3121.12 shall comply without the need for any amendment to the support order.
  • Pursuant to O.R.C. Section 3121.33, the withholding or deduction notices and other Orders issued under O.R.C. Sections 3121.03, 3121.04 to 3121.06, and 3121.12, and the notices that required the obligor to notify the Child Support Enforcement Agency administering the support order of any change in the status of the obligor’s assets, are final and enforceable by the Court.  Each withholding notice shall include the current child support, current cash medical support, any arrearage payment, and processing charges.
  • Pursuant to O.R.C. Section 3121.51, the Child Support Enforcement Agency that is required to administer the child support order shall administer it on a monthly basis.  Pursuant to O.R.C. Section 3121.52, a court or child support enforcement agency that issues or modifies a support order with support payments to be made other than on a monthly basis shall calculate a monthly amount due under the order, in the following manner:
    • If the support order is to be paid weekly, multiply the weekly amount of support due under the order by fifty-two (52) and divide the resulting annual amount by twelve (12);
    • If the support order is to be paid bi-weekly, multiply the bi-weekly amount of support due under the order by twenty-six (26) and divide the resulting annual amount by twelve (12);
    • If the support order is to be paid periodically but is not to be paid weekly, bi-weekly, or monthly, multiply the periodic amount of support due by an appropriate number to obtain the annual amount of support due under the order and divide the annual amount of support due by twelve (12).
  • Pursuant to O.R.C. Section 3121.45, any payment of money by the Child Support Obligor to the Child Support Obligee that is not made through Ohio Child Support Payment Central or the Child Support Enforcement Agency administering the support order under O.R.C. Sections 3125.27 to 3125.30 shall not be considered a payment of support under the support order, unless the payment is made to discharge an obligation other than support, shall be deemed to be a gift.  No child support payments shall be paid or forwarded to any third party, including a private collection agency, without a court order.
  • Pursuant to R.C. 3121.24, the Obligor shall immediately notify the Child Support Enforcement Agency, in writing, of any change in his/her employment or income situation.
  • Pursuant to R.C. 3121.24, each party to this action shall notify the Child Support Enforcement Agency, in writing, of any change in their mailing or residence address.
  • Pursuant to R.C. 3125.36(B), the Obligee shall sign an application for Title IV?D services and file, as soon as possible, the signed application with the Marion County Child Support Enforcement Agency.
MEDICAL SUPPORT PROVISIONS

  • Pursuant to O.R.C. Section 3119.30,  if, after the issuance of this order, private health insurance coverage for the child named in the order becomes available through any group policy, contract, or plan available to the Child Support Obligor or Child Support Obligee, the Child Support Obligor or Child Support Obligee to whom the coverage becomes available SHALL IMMEDIATELY INFORM THE CSEA OF THE AVAILABLE COVERAGE.  When the CSEA becomes aware through reporting by either party or by any other means that private heath insurance may be available, the CSEA will then determine whether the private health insurance is reasonable in cost.  When the CSEA determines that the private insurance is reasonable in cost, the CSEA shall notify both parties that the person to whom the coverage is available is now the Health Insurance Obligor and is ordered to secure and maintain private health insurance for the child named in the order and to meet the requirements identified under this addendum without an additional order or hearing.
  • In accordance with Paragraph (C) of O.R.C. Section 3119.30, the Child Support Obligor shall pay cash medical support during the period in which the child named in the order is not covered by private health insurance.  The cash medical support shall be paid in the amount as determined by the child support computation worksheet pursuant to O.R.C. Sections 3119.022 or 3119.023.
  • Within thirty (30) days of the date of this support order, the Health Insurance Obligor must designate the child named in this order as covered dependants under any health insurance policy, contract, or plan for which the Health Insurance Obligor contracts.
  • The health plan administrator that provides the health insurance coverage for the child named in this order may continue making payments for medical, optical, hospital, dental, or prescription services directly to any health care provider in accordance with the applicable health insurance policy, contract, or plan.
  • The Health Insurance Obligor may be required to pay the co-payment or deductible costs required under the health insurance policy, contract, or plan that covers the child named in the order.
  • The Health Insurance Obligor’s employer is required to release to the other parent, any person subject to an order issued under O.R.C. Section 3109.19, or the CSEA on written request any necessary information on the private health insurance coverage, including the name and address of the health plan administrator and any policy, contract, or plan number, and to otherwise comply with O.R.C. Section 3119.32 and any order or notice issued under O.R.C. Section 3119.32.
  • If the Health Insurance Obligor obtains new employment, the CSEA shall comply with the requirements of O.R.C. Section 3119.32, which may result in the issuance of a notice requiring the new employer to take whatever action is necessary to enroll the child named in the order in private health insurance coverage provided by the new employer.
  • Within thirty (30) days of the date of this support order, the Health Insurance Obligor must provide to the other party information regarding the benefits, limitations, and exclusions of the coverage, copies of any insurance forms necessary to receive reimbursement, payment, or other benefits under the coverage, and a copy of any necessary insurance cards.
NOTICE TO REPORT REASON WHY SUPPORT SHOULD TERMINATE

Pursuant to O.R.C. Sections 3119.87 and 3119.88

  • The Child Support Obligee and Obligor shall immediately notify the CSEA of any reason for which the child support order should terminate.  Reasons for which a child support order should terminate include any of the following:
    • The child’s attainment of the age of majority if the child no longer attends an accredited high school on a full-time basis;
    • The child ceasing to attend an accredited high school on a full-time basis after attaining the age of majority;
    • The child’s death;
    • The child’s marriage;
    • The child’s emancipation;
    • The child’s enlistment in the armed services;
    • The child’s deportation; or,
  • Change in legal custody of the child.
OTHER NOTICE PROVISIONS

  • Pursuant to R.C. 3109.051(G), if the residential parent intends to move to a residence other than the residence specified in the parenting time order or decree of the court, the residential parent shall file a notice of intent to relocate with the Court.
  • Pursuant to R.C. 3109.051(H) (I), and (J)(1) and subject to R.C. 3125 and R.C. 3319.321(F), both parents shall have access to all records (including medical and school records), school activities and to any day-care center which the child(ren) attend or have attended on the same basis the said records or access is legally permitted to a custodial parent, unless a restrictive order has been obtained from the court.  It is the responsibility of the parent obtaining a restrictive order to serve it on the appropriate organization.
NOTICE TO ALL KEEPER OF RECORDS AND SCHOOL OFFICIALS AND EMPLOYEES: ANY KEEPER OF A RECORD AND/OR ANY SCHOOL OFFICIAL OR EMPLOYEE WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER IS IN CONTEMPT OF COURT.

  • PURSUANT TO O.R.C. §3121.29, EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER’S LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION.  EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER.
IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE.  IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.

IF YOU ARE AN OBLIGOR OR OBLIGEE AND YOU FAIL TO GIVE THE REQUIRED NOTICES TO THE CHILD SUPPORT ENFORCEMENT AGENCY, YOU MAY NOT RECEIVE NOTICE OF THE CHANGES AND REQUESTS TO CHANGE THE CHILD SUPPORT AMOUNT, HEALTH CARE PROVISIONS, OR TERMINATION OF THE CHILD SUPPORT ORDER.  IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVERS LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION
Rule 32 B: Parenting Time Schedule (effective 3/8/24)

Local Rule 32B supersedes Local Rule 32 and Local Rule 32A.  After the effective date of Local Rule 32B, prior Local Rule 32 and 32A parenting time shall not be ordered, although Local Rule 32 and Local Rule 32A Orders journalized previously will remain effective and enforceable pursuant to the terms of local Rule 32 or Local Rule 32A. 

32.01               Children require the continued and regular involvement of both parents despite the termination of their parents’ relationship.  No standard 
                            Parenting Time schedule can possibly meet the needs of every parent-child relationship and therefore the Court encourages parties to
                           develop parenting plans which meet the specific needs of their child(ren).  This includes the importance of keeping cultural and religious
                           celebrations in mind when creating a schedule.  This Rule provides model language for multiple parenting-time plans which may be
                           appropriate for some parents and children.

                        During and after the termination of a marital/non-marital romantic relationship, there is often a crisis period during which families are under
                        great stress because of loss, conflict, and change.  Unfortunately, whether intentional, or otherwise, children sometimes become pawns in a
                        struggles between their parents.  Most studies indicate, and psychologists uniformly agree, that the children who “do best” are those whose
                       parents are able to maintain a low level of conflict.  The absence of conflict is just as important as the amount of time either parent spends with
                       the child(ren).

                        The Court adopts these Parenting Time Schedules with the hopes that one of the plans or a combination of the plans accommodates the needs
                        of your family.  In some cases where the parents cannot agree to parenting times, the Court’s Local Rule 32(B) Option 1 Parenting Time
                        Schedule will be considered the minimum parenting time for a non-residential parent absent a showing of danger to the child(ren).  Specific
                        items and/or parenting-time provisions in a Journal Entry shall take precedence over contradictory provisions of this Rule.

                        Careful consideration has been given to fostering Parenting Time between the child(ren) and both parents.  The Court has established distinct
                        schedules according to the distance between the parents and the age of child(ren). 

 

32.02               GENERAL RULES

  1. Waiting for Parenting Time exchange: The child(ren) and/or parent with the child(ren) have no duty to wait for the parent scheduled to pick up the child(ren) to arrive for more than thirty (30) minutes. The parent scheduled to pick up the chil(ren) who is more than thirty (30) minutes late for a particular period of time shall forfeit that time.  An exception shall be made if, and only if, the tardiness of the parent is for just cause and the parent with the child(ren) receives both prompt notification and a reasonable estimated arrival time.
  2. Cancellation of Parenting Time period: In the event that the scheduled parenting time cannot be complied with because of illness or other good cause, the other party shall be notified as soon as possible. The period missed shall be rescheduled for the next available comparable day and time unless otherwise agreed upon.
  3. Transportation: Unless otherwise provided for in these rules or the parties agree, responsibility for transportation costs shall be shared equally by the parties with the parent beginning to exercise their parenting time being responsible for providing the transportation. (i.e. non-residential picks up child(ren) on Friday evening and residential parent picks up the child(ren) on Sunday evening)

                   The exception to this rule is that the non-residential parent shall have the responsibility of picking up and returning the child(ren) when the
                   parties reside within a  ten (10) mile radius of each other.

              d. Telephone Contact: Both parents have the right to contact the child(ren) by phone at reasonable times when the child(ren) are with the other
                   parent. The frequency of these phone calls shall also be reasonable. The other parent shall not participate in these calls. The parent placing the
                   call shall bear any expense associated with telephone calls unless the other parent has given permission to be phoned collect.  The child(ren) may
                   call either parent (collect with the agreement of the parent being called) at any and all reasonable times as the child(ren) wish.

              e. Access to records: Both parents shall have access to all medical, dental, optometric, psychiatric and psychological records of the minor child(ren)
                   and may consult with any treating physician, dentist, or other health care provider of the child(ren). Both parents shall execute any
                   authorizations or releases necessary to release these records and documents to the other. Both parents shall have the authority to consent to
                   any necessary emergency medical treatment for the child(ren).  All parties shall contact the other in case of illness or injury to the child(ren) that
                   requires medical attention by a physician. 

                  Both parents shall have equal access to any school records concerning the child(ren).  Both parents shall have the right to participate in parent-
                   teacher conferences, school trips, school programs, and other school activities and events in which the parents are invited to participate.  The
                   party first receiving any grade card or other information from the school shall give a copy to the other party within three (3) days of receipt
                   unless otherwise agreed.

                   Both parents shall have access to baby-sitting, day care, preschool and/or latchkey records of the child(ren).  Both parents shall be entitled to
                   communicate with all physical care providers for the child(ren).  Either parent shall execute any authorizations or releases necessary to release                      the records to the other.  Both parents shall have access to all religious records of the child(ren).  Both parents shall have the right to participate                      and attend all religious activities of the child(ren).

                   (Also see Form K of the Marion County Rules of the Court of Common Pleas, Family Division.)

              g. Extra-curricular activities: Regardless of where the child(ren) are living, their continued participation in a reasonable amount of extra-curricular
                   activities, school related, or otherwise, shall continue uninterrupted. For parents following the local parenting time plan, it shall be the                                           responsibility of the parent with whom they are in the physical care at the time of the activity to provide the physical and economic cost of                                 transportation to these activities. For parents following regional or long distance parenting plans, uninterrupted participation in extracurricular
                   activities may not be possible. The Court encourages parents to communicate and cooperate in order to support their child(ren)’s extra-
                   curricular activities.  Both parents shall provide the other parent with notice of all extra-curricular activities, school related, or otherwise in
                   which the child(ren) participate.  Schedules of all extra-curricular activities and the name of the activity leader (including address and telephone
                   number if reasonably available) shall be given to the other parent. 

              h. Car/Booster Seat: For any and all child(ren) required by law to ride in a car/booster seat, the parents shall transfer the car/booster seat with the                    child(ren) as Parenting Time exchanges occur.

               i. Current address and phone number: Each parent must keep the other informed of his/her current address and telephone number at all times.                           Any change of address, or phone number is to be reported to the other parent within forty-eight (48) hours.  Also, each parent must file a Notice

                   of Change of Address (Form L) with the Court.

               j. Conflict between Parenting Time Schedules: In all schedules including regular, holiday and summer; if the parties have more than one child and

                   the children are between the ages of three (3) and thirteen (13) and fall into different age categories, parenting time will be controlled by the age
                   category in which the oldest child may fall for all children at issue, unless otherwise agreed by the parties or ordered by the Court.

                   In the event of a conflict between the holiday and regularly scheduled or summer parenting times, holidays take precedence over the regularly                          scheduled or summer parenting times.

                   The Guidelines contained in the Parenting Time Addendum (Form K) shall be attached to every Entry allocating parental rights and
                   responsibilities.  Not all parents will be able to achieve the goals set out in the Addendum due to specific rules governing their parenting
                   arrangement.  When these specific rules conflict with the ideals in the Parenting Time Addendum, then the specific rules control.  Although
                   failure to adhere to the Parenting Time Addendum may cause significant and long term negative issues for your child(ren), they are not a
                   technical violations of a Court Order.   


32.03               PARENTING TIME SCHEDULES

32.031             LOCAL RULE 32B, PARENTING TIME OPTION 1

                        SPECIFIC RULES

                        Waiting for Parenting Time exchange:  The child(ren) and/or residential parent have no duty to wait for the non-residential parent to arrive
                       for more than thirty (30) minutes.  The non-residential parent who is more than thirty (30) minutes late for a particular period of time shall
                       forfeit that time.  An exception shall be made if, and only if, the tardiness of the non-residential parent is for just cause and the residential
                       parent receives both prompt notification and a reasonable estimated arrival time.

                       Clothing: The residential parent is responsible for providing sufficient, appropriate, clean clothing for every parenting time period, based on
                       the lifestyle of the residential parent and the child(ren).  If the planned Parenting Time activities require special or unusual clothing needs, the
                       non-residential parent must notify the residential parent at least two (2) days in advance of the Parenting Time period.  If the child(ren) do not
                       have the type of clothing requested, the residential parent is under no obligation to comply with the request.  All clothing sent by either parent
                       must be returned immediately after the Parenting Time period.  The non-residential parent is not required to return the clothing washed and
                       cleaned, unless the non-residential parent has the child(ren) for a period in excess of four (4) days.  Additionally, any clothing purchased by the
                       non-residential parent and which the child(ren) are wearing upon their return to the residential parent after Parenting Time, shall be returned,
                       washed and cleaned, by the residential parent to the non-residential parent at the next Parenting Time period.

                        SPECIFIC PARENTING TIME

  1. Local

                       Birth to 2 years

                       Three weekly visits, two of which will be for 2-6 hours, and one overnight, on the days and times the parties can agree.  If the parties cannot
                       agree, then parenting time will take place on every Monday and Wednesday, from 4:30 p.m. until 7:00 p.m. and overnight pursuant to the
                       following rotating schedule (unless otherwise ordered by the Court).

                                              Week 1 – Friday 6:00 p.m. until Saturday 6:00 p.m.

                                              Week 2 – Friday 6:00 p.m. until Saturday 6:00 p.m.

                                              Week 3 - Friday 6:00 p.m. until Saturday 6:00 p.m.

                                              Week 4 – Residential parents’ weekend

                       2 Years to 5 Years

                       Two weekly parenting time periods for 2-6 hours, and alternating weekends on the days and times the parties can agree. If the parties cannot
                       agree, the parenting time will take place on every Monday and Wednesday from 4:30 p.m. until 7:00 p.m. and alternating weekends from
                       Friday, 6:00 p.m. until Sunday, 6:00 p.m., unless otherwise ordered by the court.

                       5 Years to 13 Years

                       Every other weekend from Friday after school (as soon as the non-residential parent can pick up the child) until Sunday at 6:00 p.m. plus one
                       evening a week, as the parties can agree.  If the parties cannot agree, the midweek parenting time will be Wednesdays from 4:30 p.m. until 7:00
                       p.m. and alternating weekends from Friday 6:00 p.m. until Sunday 6:00 p.m., unless otherwise ordered by the court.

                       13Years until age 18

                       Parents must keep in mind that at this stage of development, the teenager’s world revolves around peers and activities. Being flexible is key to
                       designing a parenting time schedule that allows the adolescent to spend time with his/her parents and also participate in academic and social
                       activities that are valued by the adolescent.  That is, both parents will probably find that they are spending less time with their teenager(s). 
                       Parenting time is expected to take place weekly, with days and times to be agreed upon between the adolescent and the parents (parties). 

                                              If the adolescent and the parents (parties) cannot agree:

                                                                     Parenting time will be every other weekend from Friday after school (as soon as the non-residential parent can pick up the
                                                                     child) until Sunday at 6:00 p.m. and every Wednesday, from 4:30 p.m. until 7:30 pm, unless otherwise ordered by the court.


              B. Regional (more than 100 miles apart but less than 200 miles)

                       Parents shall follow the same plans as the Local schedule with the following exception:

                       Any mid-week parenting time must be exercised in the county of the child(ren)’s residence. 


              C. Summers (For Local and Regional Parenting Plans)

                       Parents shall exercise parenting time on a week on/week off basis during the summer.  The rotation shall begin with the non-residential parent
                       beginning his or her first week at 6:00 p.m. on the first Friday after school is dismissed for the summer.  Exchanges shall occur each Friday
                       thereafter at 6:00 p.m. until the Friday before school resumes, at which time the child(ren) shall be with the residential parent and the
                       alternating weekend rotation resumes.  There shall not be mid-week visits for either parent during the summer unless agreed upon by the
                       parties or ordered by the Court.

                       If the child(ren) are not school age the non-residential parent may schedule five (5) weeks at any time during the year with sixty (60) days’
                       notice to the residential parent.  The weeks shall not interfere with the residential parent’s holiday parenting time unless by agreement.

                       Each party shall provide the other with a general itinerary and contact phone numbers if they plan an out of town vacation with the child(ren). 

            D.  Holidays

                       The long distance schedule is an exception to this provision. 

                                              Even-Numbered Years
                                              Non-residential parent in even-numbered years;

      • Easter from the Friday before at 6:00 p.m. to Easter Sunday at 6:00 p.m.;
      • Independence Day from 9:00 a.m. to July 5th at 9:00 a.m.;
      • Thanksgiving Day weekend from the Wednesday before at 6:00 p.m. until the Sunday after at 6:00 p.m.;
      • Christmas Day at noon until December 30th at noon.

                                              Residential parent in even-numbered years:

      • Memorial Day weekend from the Friday before at 6:00 p.m. until Memorial Day at 6:00 p.m.;
      • Labor Day weekend from the Friday before at 6:00 p.m. until Labor Day at 6:00 p.m.;
      • December 23rd at noon until Christmas Day at noon.

                                              Odd-Numbered Years
                                              Non-Residential parent in odd-numbered years:

      • Memorial Day weekend from the Friday before at 6:00 p.m. until Memorial Day at 6:00 p.m.;
      • Labor Day weekend from the Friday before at 6:00 p.m. until Labor Day at 6:00 p.m.;
      • December 23rd at noon until Christmas Day at noon
      • December 27th at noon until December 30th at noon.

                                              Residential parent in odd-numbered years;

      • Easter from the Friday before at 6:00 p.m. to Easter Sunday at 6:00 p.m.;
      • Independence Day from 9:00 a.m. to July 5th at 9:00 a.m.;
      • Thanksgiving Day weekend from the Wednesday before at 6:00 p.m. until the Sunday after at 6:00 p.m.;
      • Christmas Day at noon until December 27th at noon.

                       When the non-residential parent's regularly scheduled weekend parenting time coincides with a residential parent's holiday enumerated in                        this section, then the residential parent's holiday shall control and the non-residential parent's regularly scheduled parenting time shall be                        made up on the weekend following said holiday.  If that weekend falls on the residential parent’s weekend, residential parent’s weekend shall                        be forfeited.  The alternating weekend schedule is not otherwise modified.

                       (example: It is the year 2020.  The non-residential parent’s regularly scheduled weekend falls on Memorial Day.  The holiday schedule says                        Memorial Day weekend belongs to the residential parent in even numbered years.  The holiday schedule controls and the residential parent                        has the child for the holiday weekend.  The following weekend would be the residential parent’s regularly scheduled weekend, however,                                        because the non-residential parent lost their regularly scheduled weekend due to the holiday, they now can make up their lost weekend on the                        residential parent’s regularly scheduled weekend.  The non-residential parent then exercises their next regularly schedule weekend (two                        weekends in a row) to return to the regular schedule.)

                       The child(ren) shall celebrate his or her birthday in the home of the parent in whose care the child is on the birthday.  The other parent may                        celebrate the birthday during his or her parenting before or after the actual birthdate.

                       Parent's Days:  The mother shall have parenting time from noon to 6:00 p.m. on Mother’s Day.  The father shall have parenting time from noon                        to 6:00 p.m. on Father’s Day.

                       If a scheduled day off from school falls on a Friday preceding a non-residential parent’s weekend that is not a holiday as set out above, the
                       non- residential parent’s weekend shall commence Thursday at 6:00 p.m.  This provision does not apply to snow days or other calamity days                        that create days off of school.

                       If a scheduled day off from school falls on a Monday following a non-residential parent’s weekend that is not a holiday as set out above, the                        non-residential parent’s weekend shall be extended until Monday at 6:00 p.m.  This provision does not apply to snow days or other calamity                        days that create days off of school.

                  E. Long Distance (more than 200 miles apart)

                       (Excerpts from Planning for Parenting Time: Arizona’s Guide for Living Apart)

                       Parents must be aware of the impact of relocation on their child and that relocation may require the permission of a judge. Long‐distance                        parenting rules apply whenever the distance between homes is more than 200 miles.

                       Disagreements about long‐distance parenting time often result in the judge or magistrate making a decision. Unfortunately, a decision by a                        judge or magistrate may not please either party. Each relocation case is unique, and the right decision is based on the specific facts for each                        family. Parents should make a serious effort to resolve a parenting time dispute themselves or with the help of a mediator, or an attorney. Any                        reasonable agreement between the parents negotiated in good faith is usually better than having a judge decide the matter after the expense                        and stress of a court hearing.

                       A parent who wants to move a long distance with, or without, a child should think about many things before making a decision. Long distances                        often weaken the relationships between children and parents. If the move is necessary, parents might want to consider relocating both                        households to the same city. If it isn’t possible, parenting time for the distant parent must be at regular and frequent times during the year. The                        court considers many factors, and parents should think about these factors. Each parent should take a moment and “stand in the other parent                        and the child’s shoes.” What is their point of view? How would I feel if my child moved away to another city? Think about all the facts including                        the age and maturity of the child, the child’s developmental needs, sibling bonds, school and work schedules, transportation costs, the                        presence of supportive family and friends in each city, and the gains or loss of extended family.

                       For most children, a long‐distance move may result in less regular contact with both parents. If both parents are within a reasonable distance                        of each other, the child will benefit. When parents live far apart, a child’s daily and weekly contact is reduced and large gaps of time without                        physical contact between the child and parent develop. When both parents move to the same general area, it is less disruptive. No matter the                        distance, a child will benefit from as much regular and frequent physical contact with each parent as possible.

                       If the parties have more than one child and the children fall into different age categories, parenting time will be controlled by the age category                        in which the oldest child falls for all children at issue, unless otherwise agreed by the parties or ordered by the Court.

                       Birth to Kindergarten

                       This is an important time for bonding between parents and children. For most children, the loss of a strong bond with a parent is a lifelong                        issue. In contrast, building a strong bond creates a sense of belonging, encourages active and committed parents, causes healthy adult                        relationships with both genders, facilitates co‐parenting, and improves communication between parents and a growing child. If possible, the                        long distance separation should be delayed so that both parents and children can make best use of their time together during these formative                        years. If the move can’t be delayed, the parenting time schedule should be designed to provide the most direct and frequent physical contact                        between the child and both parents that time and money permit.  If the parents cannot agree, the following schedule shall control.

                       Upon thirty (30) day notice to the residential parent the non-residential parent may exercise any of the times granted under the Local                        schedule, Option 1, described hereinabove. 

                       Up to ten (10) weeks per year in five (5) separate blocks of time lasting two (2) weeks each.  Unless otherwise agreed, parenting time shall                        occur February 1st through 14th, May 1st through 14th, July 6th through July 20th, and September 10th through September 24th.

                       Additionally, parenting time shall occur in odd-numbered years from December 1st through 14th and in even-numbered years from December                        14th through December 28th.

                       Kindergarten to Age 18

                       The parties should continue to make the most of the time each parent has with the child. The schedule should be adjusted to follow closely the                        child’s regular school schedule. The school-year parent must sacrifice frequent physical contact during non‐school times such as the summer                        and holidays, while the non‐school parent must sacrifice frequent physical contact during the school semesters.  Some schools have year‐round                        or modified year‐round schedules that provide for more frequent or longer breaks with the distant parent. If parents can find a school with                        such a schedule, this will be of assistance to children.

                       Parents need to remember that as children get older they may be less likely to be in favor of spending large blocks of time due to their own                        activities.  It is important to consider the child’s wishes, concerns, and ideas in developing a long distance plan. If the parents cannot agree, the                        following schedule shall control.

                       Upon thirty (30) day notice to the residential parent the non-residential parent may exercise any of the times granted under the Local schedule                        Option 1, described hereinabove. 

                       Up to eight (8) weeks during the summer break commencing a week after the last day of school and ending no later than a week before school                        resumes in the fall.

                       Every spring break from 6:00 PM on the last day of school before the break until 6:00 PM the day before school resumes.

                       One half of every winter break.  The non-residential parent shall exercise parenting time the first half of winter break in even-numbered years                        and the second half of winter break in odd-numbered years.  Winter break shall be defined as beginning at 6:00 p.m. on the day school is                        dismissed for the Christmas Holiday break and shall end at 6:00 p.m. on the day before school resumes.  If there is an even number of days in                        the Holiday break, the mid-point exchange shall be at 6:00 p.m. on the day that evenly divides the break.  If there is an odd number of days the                        exchange shall be at noon on the mid-point day.  If air travel is implicated, the exchanges shall be as close as possible to the exchange times                        above.

32.032             LOCAL RULE 32B, PARENTING TIME OPTION 2                       

                       Every other weekend from Thursday after school (as soon as the non-residential parent can pick up the child) or 6:00 p.m. if child is not school                        age, until Monday when school begins or 9:00 a.m. if no school, plus a midweek weekday evening for a minimum of 2 ½ hours, as the parties can                        agree.  If the parties cannot agree, the midweek parenting time will be Wednesdays from 4:30 p.m. until 7:00 p.m. Holidays and summers                        follow the same schedule as in Option 1.

32.033             LOCAL RULE 32B, PARENTING TIME OPTION 3 (2/2/3)

                        This Option is impractical for school-aged children if the parents do not live in relatively close proximity to each other.  This plan provides for                        equal time for each parent.  Holidays are addressed differently in this Option than they are in Option 1 because the parents have equal time                        otherwise, and are never more than a few days from parenting time.

                       The parents in this Option are identified as Parent A and Parent B.

                       Exchanges occur on Mondays, Wednesdays, and Fridays at 6:00 p.m.  Parent A shall have parenting time beginning Monday at 6:00 p.m. and                        continuing until Wednesday at 6:00 p.m.  Parent B shall have parenting time beginning Wednesday at 6:00 p.m. and continuing until Friday at                        6:00 p.m.  Parent A shall have parenting time beginning Friday at 6:00 p.m. and continuing until Monday at 6:00 p.m.  The following week the                        rotation continues with Parent B having parenting time from Monday at 6:00 p.m. until Wednesday at 6:00 p.m., Parent A having parenting                        time from Wednesday at 6:00 p.m. until Friday at 6:00 p.m., and Parent B has parenting time from Friday at 6:00 p.m. until Monday at 6:00 p.m.

32.034             LOCAL RULE 32B, PARENTING TIME OPTION 4 (2/5, 5/2)

                        This Option is impractical for school-aged children if the parents do not live in relatively close proximity to each other.  This plan provides for                        equal time for each parent.  Holidays are addressed differently in this Option than they are in Option 1 because the parents have equal time                        otherwise, and are never more than a few days from parenting time.

                       The parents in this Option are identified as Parent A and Parent B.

                       Exchanges occur on Mondays, Wednesdays, and Fridays at 6:00 p.m.  Parent A shall have parenting time beginning Monday at 6:00 p.m. and                        continuing until Wednesday at 6:00 p.m. every week.  Parent B shall have parenting time beginning Wednesday at 6:00 p.m. and continuing                        until Friday at 6:00 p.m. every week.  Parent A shall have parenting time beginning Friday at 6:00 p.m. and continuing until Monday at 6:00 p.m.                         The following week the rotation continues with Parent A again having parenting time from Monday at 6:00 p.m. until Wednesday at 6:00 p.m.,                        Parent B again having parenting time from Wednesday at 6:00 p.m. until Friday at 6:00 p.m., and Parent B has parenting time from Friday at                        6:00 p.m. until Monday at 6:00 p.m.  The effect of the arrangement is that When Parent A has weekend parenting time, he or she will have from                        Friday at 6:00 pm until Wednesday at 6:00 p.m.  When Parent B has weekend parenting time, he or she will have from Wednesday at 6:00 p.m.                        until Monday at 6:00 p.m.

32.035             LOCAL RULE 32B PARENTING TIME, OPTION 5 (Week on/Week off)

                        This Option is impractical for school-aged children if the parents do not live in relatively close proximity to each other.  This plan provides for                        equal time for each parent.  Holidays are addressed differently in this Option than they are in Option 1 because the parents have equal time                        otherwise, and are never more than a few days from parenting time.

                       The parents in this Option are identified as Parent A and Parent B.

                       Parent A shall have parenting time for one week beginning Friday at 6:00 pm and continuing until 6:00 p.m. the following Friday, at which time                        Parent B shall begin one week of parenting time.  The parent not in possession of the child(ren) shall have mid-week parenting time on                        Tuesdays from 5:00 p.m. to 8:30 p.m.

32.036             SUMMERS/VACATIONS FOR PARENTING TIME OPTIONS 3, 4, AND 5

                       Each parent shall be entitled to two (2) one (1) week uninterrupted parenting periods.  The parent exercising uninterrupted week(s) shall                        include his or her weekend in the uninterrupted week, meaning that the other parent loses only two days of parenting time.  The parent                        exercising the uninterrupted time shall provide the other parent with thirty (30) days’ notice, and the uninterrupted time shall not interfere                        with the other parent’s holiday parenting time.  The parenting time described here may occur at any time during the year for pre-school aged                        children.

32.037             HOLIDAYS FOR PARENTING TIME OPTIONS 3, 4, AND 5

                       Given that each parent is exercising parenting time fifty per cent (50%) of the time, there is a fifty per cent (50%) chance that a holiday will fall                        during a parent’s parenting time.  This Option, therefore, does not allocate all holidays. 

                       There are, however, holidays typically of significance to most parents.  This Option addresses those holidays as follows:

                       Easter:  The parent not in possession shall exercise parenting time from 12:00 noon to    6:00 p.m. on Easter Sunday.

                       Thanksgiving:  The parent not in possession shall exercise parenting time from 2:00 p.m. to 8:00 p.m. on Thanksgiving Day.

                       Christmas:  The parent not in possession shall exercise parenting time from 10:00 a.m. 6:00 p.m. on Christmas Day.

                       Parent's Days:  The mother shall have parenting time from noon to 6:00 p.m. on Mother’s Day.  The father shall have parenting time from noon                        to 6:00 p.m. on Father’s Day.

                       The normal rotation resumes after the holiday parenting time.

                       If there are other holidays or events of significance to the parties, the parties are free to allocate time to the parent not otherwise in possession                        by agreement, and the parties are free to agree to adjust the times above to accommodate family traditions.

                       ADDENDUM

                       To the extent the provisions in this addendum are inconsistent with the specific language of the Judgment Entry, the Judgment Entry shall                        control.

                       CHILD SUPPORT NOTICE PROVISIONS

  1. The current child support obligation and cash medical support obligation shall continue until the child reaches the age of eighteen (18) years, the support obligor dies, the child dies, or the child becomes otherwise emancipated, whichever first occurs; however, as long as the child continuously attends on a full-time basis any recognized and accredited high school, the current child support obligation and cash medical support shall continue until the child reaches the age of nineteen (19) years. The current child support obligation and cash medical support obligation shall continue during the child’s seasonal vacation periods.
  2. Payments are to be paid to Ohio Child Support Payment Central, P.O. Box 182372, Columbus, Ohio   The Child Support Obligor shall make payments by certified check, money order, personal check, or traveler’s check until such time as the payments are withheld by an income withholding or deduction notice.  Case Number and Order Number shall be included on all payments.
  3. All child support ordered by this Order shall be withheld or deducted from the wages or assets of the obligor under the Order in accordance with O.R.C. Section 3121.03 and shall be forwarded to the Child Support Obligee under the Order in accordance with the Ohio Revised Code. Pursuant to O.R.C. Section 3121.34, a person required to comply with withholding or deduction notices described in O.R.C. Section 3121.03 shall determine the manner of withholding or deducting from the specific requirement included in the notices without the need for any amendment to the support order, and a person required to comply with an order described in O.R.C. Sections 3121.03, 3121.04 to 3121.06, and 3121.12 shall comply without the need for any amendment to the support order.
  4. Pursuant to O.R.C. Section 3121.33, the withholding or deduction notices and other Orders issued under O.R.C. Sections 3121.03, 3121.04 to 3121.06, and 3121.12, and the notices that required the obligor to notify the Child Support Enforcement Agency administering the support order of any change in the status of the obligor’s assets, are final and enforceable by the Court. Each withholding notice shall include the current child support, current cash medical support, any arrearage payment, and processing charges.
  5. Pursuant to O.R.C. Section 3121.51, the Child Support Enforcement Agency that is required to administer the child support order shall administer it on a monthly basis. Pursuant to O.R.C. Section 3121.52, a court or child support enforcement agency that issues or modifies a support order with support payments to be made other than on a monthly basis shall calculate a monthly amount due under the order, in the following manner:
    1. If the support order is to be paid weekly, multiply the weekly amount of support due under the order by fifty-two (52) and divide the resulting annual amount by twelve (12);
    2. If the support order is to be paid bi-weekly, multiply the bi-weekly amount of support due under the order by twenty-six (26) and divide the resulting annual amount by twelve (12);
    3. If the support order is to be paid periodically but is not to be paid weekly, bi-weekly, or monthly, multiply the periodic amount of support due by an appropriate number to obtain the annual amount of support due under the order and divide the annual amount of support due by twelve (12).

  1. Pursuant to O.R.C. Section 3121.45, any payment of money by the Child Support Obligor to the Child Support Obligee that is not made through Ohio Child Support Payment Central or the Child Support Enforcement Agency administering the support order under O.R.C. Sections 3125.27 to 3125.30 shall not be considered a payment of support under the support order, unless the payment is made to discharge an obligation other than support, shall be deemed to be a gift. No child support payments shall be paid or forwarded to any third party, including a private collection agency, without a court order.
  2. Pursuant to R.C. 3121.24, the Obligor shall immediately notify the Child Support Enforcement Agency, in writing, of any change in his/her employment or income situation.
  3. Pursuant to R.C. 3121.24, each party to this action shall notify the Child Support Enforcement Agency, in writing, of any change in their mailing or residence address.
  4. Pursuant to R.C. 3125.36(B), the Obligee shall sign an application for Title IV‑D services and file, as soon as possible, the signed application with the Marion County Child Support Enforcement Agency.

                       MEDICAL SUPPORT PROVISIONS

  1. Pursuant to O.R.C. Section 3119.30, if, after the issuance of this order, private health insurance coverage for the child named in the order becomes available through any group policy, contract, or plan available to the Child Support Obligor or Child Support Obligee, the Child Support Obligor or Child Support Obligee to whom the coverage becomes available SHALL IMMEDIATELY INFORM THE CSEA OF THE AVAILABLE COVERAGE.  When the CSEA becomes aware through reporting by either party or by any other means that private heath insurance may be available, the CSEA will then determine whether the private health insurance is reasonable in cost.  When the CSEA determines that the private insurance is reasonable in cost, the CSEA shall notify both parties that the person to whom the coverage is available is now the Health Insurance Obligor and is ordered to secure and maintain private health insurance for the child named in the order and to meet the requirements identified under this addendum without an additional order or hearing.
  2. In accordance with Paragraph (C) of O.R.C. Section 3119.30, the Child Support Obligor shall pay cash medical support during the period in which the child named in the order is not covered by private health insurance. The cash medical support shall be paid in the amount as determined by the child support computation worksheet pursuant to O.R.C. Sections 3119.022 or 3119.023.
  3. Within thirty (30) days of the date of this support order, the Health Insurance Obligor must designate the child named in this order as covered dependants under any health insurance policy, contract, or plan for which the Health Insurance Obligor contracts.
  4. The health plan administrator that provides the health insurance coverage for the child named in this order may continue making payments for medical, optical, hospital, dental, or prescription services directly to any health care provider in accordance with the applicable health insurance policy, contract, or plan.
  5. The Health Insurance Obligor may be required to pay the co-payment or deductible costs required under the health insurance policy, contract, or plan that covers the child named in the order.
  6. The Health Insurance Obligor’s employer is required to release to the other parent, any person subject to an order issued under O.R.C. Section 3109.19, or the CSEA on written request any necessary information on the private health insurance coverage, including the name and address of the health plan administrator and any policy, contract, or plan number, and to otherwise comply with O.R.C. Section 3119.32 and any order or notice issued under O.R.C. Section 3119.32.
  7. If the Health Insurance Obligor obtains new employment, the CSEA shall comply with the requirements of O.R.C. Section 3119.32, which may result in the issuance of a notice requiring the new employer to take whatever action is necessary to enroll the child named in the order in private health insurance coverage provided by the new employer.
  8. Within thirty (30) days of the date of this support order, the Health Insurance Obligor must provide to the other party information regarding the benefits, limitations, and exclusions of the coverage, copies of any insurance forms necessary to receive reimbursement, payment, or other benefits under the coverage, and a copy of any necessary insurance cards.

                       NOTICE TO REPORT REASON WHY SUPPORT SHOULD TERMINATE
                       Pursuant to O.R.C. Sections 3119.87 and 3119.88

  1. The Child Support Obligee and Obligor shall immediately notify the CSEA of any reason for which the child support order should terminate. Reasons for which a child support order should terminate include any of the following:
    1. The child’s attainment of the age of majority if the child no longer attends an accredited high school on a full-time basis;
    2. The child ceasing to attend an accredited high school on a full-time basis after attaining the age of majority;
    3. The child’s death;
    4. The child’s marriage;
    5. The child’s emancipation;
    6. The child’s enlistment in the armed services;
    7. The child’s deportation; or,
    8. Change in legal custody of the child.

                       OTHER NOTICE PROVISIONS

  1. Pursuant to R.C. 3109.051(G), if the residential parent intends to move to a residence other than the residence specified in the parenting time order or decree of the court, the residential parent shall file a notice of intent to relocate with the Court.
  2. Pursuant to R.C. 3109.051(H) (I), and (J)(1) and subject to R.C. 3125 and R.C. 3319.321(F), both parents shall have access to all records (including medical and school records), school activities and to any day-care center which the child(ren) attend or have attended on the same basis the said records or access is legally permitted to a custodial parent, unless a restrictive order has been obtained from the court. It is the responsibility of the parent obtaining a restrictive order to serve it on the appropriate organization.

                                              NOTICE TO ALL KEEPER OF RECORDS AND SCHOOL OFFICIALS AND EMPLOYEES: ANY KEEPER OF A RECORD AND/OR ANY                                               SCHOOL OFFICIAL OR EMPLOYEE WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER IS IN CONTEMPT OF COURT.

  1. PURSUANT TO O.R.C. §3121.29, EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER’S LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER.

                       IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE                        FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE.  IF YOU ARE                        AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED                        NOTICES, YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR                        NOT MORE THAN 90 DAYS.

                       IF YOU ARE AN OBLIGOR OR OBLIGEE AND YOU FAIL TO GIVE THE REQUIRED NOTICES TO THE CHILD SUPPORT ENFORCEMENT                        AGENCY, YOU MAY NOT RECEIVE NOTICE OF THE CHANGES AND REQUESTS TO CHANGE THE CHILD SUPPORT AMOUNT, HEALTH                        CARE PROVISIONS, OR TERMINATION OF THE CHILD SUPPORT ORDER.  IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE                        REQUIRED NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION                        OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVERS LICENSE, OR                        RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS                        IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOUR                        SUPPORT OBLIGATION.

 

Parenting Addendum (Form K) (effective date: 8/1/21)
PARENTING ADDENDUMPARENTAL COMMITMENT:  Parents shall share in the parenting of their child so that each parent may continue to have a full and active role in providing a sound and loving environment for their child.  The parents shall promote a healthy and beneficial relationship with the other parent and will not demean, speak out against, or act negatively in any manner that would damage the natural flow of love and caring between the parents and their child.  Parents shall encourage their child to respect, honor and love the other parent.

PARENTAL RIGHTS:  Each parent shall have the following rights and obligations with respect to the other parent:

  • The right to consult and participate in major decisions concerning their child’s health, social situation, morals, welfare, education and economic environment;
  • The right to authorize emergency medical, emergency surgical, emergency hospital or emergency dental care;
  • The right to be promptly notified by the other parent in case of an injury to the child; and in case of a child’s illness &/or hospitalization, the right to visit the child at all reasonable times, subject only to written medical advice to the contrary;
  • The right to be present with their child at medical, dental or other health-related examinations and treatments, the right to consult with any treating physician, dentist or other health care provider to the child, and the right to inspect and receive the child’s medical and dental records;
  • The right to be present at all school, religious, and/or community functions and other extra-curricular activities in which their child is involved, and to exchange schedules of those events, to exchange contact information with coaches or event leaders, and exchange other information concerning uniforms, practices, and any of the other customary information pertaining to extra-curricular and school functions;
  • The right to be present and participate at all of a child’s Parent/Teacher conferences, the right to consult with school officials concerning a child’s welfare and educational status, and the right to inspect and receive student records, report cards or other progress reports, calendars of school events and notices of Parent/Teacher conferences and school programs.
PARENTAL GUIDELINES:  For the best interest of their child, both parents shall abide by the following guidelines:

  • To provide their child with an emotional environment in which their child is free to continue to love the other parent and to spend time with that parent;
    • To encourage good feelings about each parent’s extended family;
      • To communicate with each other respectfully, openly and honestly;
      • To plan together as parents rather than using the child as a go-between;
      • To plan and consult with each other in advance for time with their child;
      • To avoid taking sides or taking issue with the decisions or actions of the other parent in the presence of their child;
      • To present a united front in handling problems with their child and establish mutually agreed upon behavioral standards & discipline for their child, and apply them consistently in each house;
      • To refrain from fighting and arguing with the other parent and degrading the other parent in the presence of a child;
      • To refrain from withholding time from the other parent as a punishment to the child or to the other parent;
      • To take a consistent and predictable role in their child’s life, using time with their child to strengthen the parental relationship with them;
      • To be flexible in arranging dates and times with their child, so that dates and times do not interfere with important family activities or prior planned activities of the other parent;
      • To see that time schedules with their child will be regularly observed, with the late parent to phone and leave word concerning the reason for lateness and the estimated new time of arrival, the child(ren) and/or a parent have no duty to wait for the other parent to arrive for more than thirty (30) minutes.  The parent who is more than thirty (30) minutes late for a particular period of time shall forfeit that time.  An exception shall be made if, and only if, the tardiness of the parent is for just cause and the other parent receives both prompt notification and a reasonable estimated arrival time.  This provision should not, however, be used to deny the late parent all of the scheduled time.  Efforts should be made to arrange a new exchange time as soon as is practicable.  In the event that the scheduled parenting time cannot be complied with because of illness or other good cause, the other parent shall be notified as soon as possible.  The period missed shall be rescheduled for the next available comparable day and time unless otherwise agreed upon.
      •  To ensure their child has a smooth transition between parenting time periods, a parent is responsible for providing sufficient, appropriate, clean clothing for every parenting time period, based on the lifestyle of the parent and the child(ren).  If the planned Parenting Time activities require special or unusual clothing needs that are in the other parent’s possession, the parent must notify the other parent at least two (2) days in advance of the Parenting Time period.  All clothing sent by either parent must be returned immediately after the Parenting Time period.  A parent is not required to return the clothing washed and cleaned, unless the parent has the child(ren) for a period in excess of four (4) days.  The child(ren) should be permitted to transport his or her belongings between parents’ homes as the child(ren) desires.
*Plain Language = We all know you bought the Barbie Doll for your daughter, but unless you plan on playing with it while she is at the other parent’s house, let her take the Barbie Doll with her.  Also, don’t hoard clothing items and property at your house.  Allow for a free flow of exchange of those items between households.

  • To ensure consistency for parental exchanges, unless otherwise provided for in these rules or the parties agree, responsibility for transportation costs shall be shared equally by the parties with the parent beginning to exercise their parenting time being responsible for providing the transportation. (i.e. Under Parenting time Option 1:  parent A picks up child(ren) on Friday evening and parent B picks up the child(ren) on Sunday evening).  For any and all child(ren) required by law to ride in a car/booster seat, the parents shall transfer the car/booster seat with the child(ren) as Parenting Time exchanges occur.
    • To treat the child as an individual, respecting their feelings and needs.
*Plain Language = You are the people responsible for raising a young human being.  You must look at your interaction with the other parent through your child’s eyes because everything you do creates a memory for your child, and they will carry those memories throughout their lives.  You don’t have to be best friends with the other parent, but for the sake of your child’s memories, you must be respectful and act maturely. 

*To Parent:  If someone bad-mouthed your parent, you would want to sock that person in the mouth.  As a child, we say to ourselves, “Nobody better talk badly about my parent!”  Thus, what do you believe your child will think when you [whether now or when your child becomes an adult] treat the other parent badly or speak badly about them.

Said another way, your child will grow up and may get married, have children of their own, and host any number of different family events throughout their life.  Though the two of you won’t be attending those events as a married couple, the two of you will be attending those events as parents.  You will always be parents to your child.

SPECIAL EVENTS 

If the child is scheduled/invited to attend a special event including, but not limited to; a wedding, graduation, company picnic, funeral, family reunion, tradition, or extra-curricular activity, the parents agree to work together to allow the child to attend such events no matter the parenting time schedule.  [Example:  Sally is invited to attend a wedding on parent A’s side of the family.  The wedding takes place over parent B’s parenting time weekend.  Parent B understands that Sally wants/needs to be able to go to the wedding, so they simply switch weekends (or days) with parent A so Sally can go to the wedding].

RELOCATION OF THE CHILD

Each parent must keep the other informed of his/her current address and telephone number at all times.  If a parent plans on moving to a new home, that parent must file a “Notice of Intent to Relocate” (Form L) with the Court and send a copy of the notice to the other parent (A copy is attached at the end of this Plan).  Moving to a new home could cause problems with a parenting time schedule, for example, if the new home is outside of the school district or the new home increases the distance between the parents’ homes.  Remember, a relocation may result in a revised Shared Parenting Plan and parenting time schedule, so talk to the other parent about your proposed move before you make any decisions.

*Plain Language = If you plan on moving a few blocks away:  No problem.  If you plan on moving a few hours away:  It could be a big problem. 

COMMUNICATION

Both parents have the right to contact the child(ren) by phone or other electronic means at reasonable times when the child(ren) are with the other parent. The frequency of the contact shall also be reasonable.  The other parent shall not participate in the communication.  The parent placing a telephone call shall bear any expense associated with telephone calls unless the other parent has given permission to be phoned collect.  The child(ren) may call either parent (collect with the agreement of the parent being called) at any and all reasonable times as the child(ren) wish provided the contact remains reasonable.  While denying the use of a phone may be an appropriate punishment for a child, the denial of access to a phone should not extend to denial of use of the phone for contact with the other parent.  The parents understand that when the child is with the other parent, their time is important.  Thus, constant phone calls, texts, etc. to the child or other parent during the other parent’s parenting time should be avoided.

  • EXAMPLE: 
Reasonable – Parent A has weekend parenting time and spends the weekend with Sally at Cedar Point.  Parent B calls parent A and Sally each night to check in and see how their day was, but parent B did not call during the day because he knew parent A and Sally would be having fun riding rides or playing in the water park.

Unreasonable – Parent A has weekend parenting time and spends the weekend lounging around the house with Sally.  Sally is 14 years of age, and has her own cell phone.  Parent B texts Sally multiple times throughout the day asking what she’s doing and who she’s with while at parent A’s house.  Parent B calls Sally at 11:59 pm on Saturday night to say goodnight, which is about 2 hours past Sally’s bed time.

Cell Phone Provision:  If a child is provided with his/her own cell phone, neither parent shall interfere with that child’s use of that cell phone regarding communication with the other parent, i.e., a parent could discipline a child by not allowing the child to play games on the phone, or not allowing the child to call friends, but cannot just take the phone away and prevent the child from communicating with the other parent.

Social Media:  The parents acknowledge that children can get into trouble through the use of social media, and the parents acknowledge that children can become the victims of all sorts of negative things through the use of social media; thus, the parents shall cooperate in providing each other with the user names and passwords to social media accounts the child has so each parent can monitor what the child is doing on social media.

The parents shall not disparage each other through social media posts.

Changing a Child’s Appearance:  The parents must communicate with each other and come to an agreement before either parent can do something which changes the child’s appearance in a major way because one parent may not want the change, or the parent may want to be part of the change.  The typical “major” appearance changes include things like:

  • Piercings
  • Tattoos
  • Hair Color
  • Hair Cuts
  • Plastic Surgery
Harmful Games Parents Play

            *Plain Language:  Studies have shown that if you don’t want to screw your kids up,

then you’ll avoid the following five (5) things:

  • Messenger – The child is used to carry communication between the parents because the parents can’t or won’t talk to each other.  The child feels caught in the middle.
  • I Spy – Parents ask the child to gather information while the child is with the other parent, or when the child returns from a visit, the child is interrogated.
  • Put Downs – One parent verbally trashes the other parent, directly to the child or within hearing distance.  The parent makes negative comments about the other parent’s behavior, personality, decisions, lifestyle, etc.  The parent points out to the child that he/she possesses the same bad qualities or looks just like the parent being put down.
  • You Choose / Loyalty Battles – The parent expects the child to see the situation the same way they do and to feel the same about the other parent as they do.  If the child expresses any positive regard for the other parent, it is viewed as a betrayal.
  • Disneyland Dad and Merry-Go-Round Mom – The parent allows the children to make the rules and the parent neither disciplines the children nor plays a substantial role in teaching the children life lessons.  The children see this parent as “the fun parent,” and grow to understand that the rules don’t apply in that parent’s home.  The most beneficial thing to do for the children is to use similar disciplinary rules and to institute similar chores in both households.
~ Kathleen Clark, PhD.

DECISION MAKING

  • REMEMBER – Think of your parenting time as your children’s time with you…also known as when you are “On Duty” to nurture, discipline, and guide your children.  Do not think of it as your time with your children.  Children are not porcelain dolls to be set on the fireplace mantle during “your time.”  For example, if your children want to spend an additional hour, day or weekend with the other parent because of a special event or some other reason, just go with the flow.  The quality of the time your children get to spend with you is more important than sticking to a rigid schedule.  Think of the benefits, learning opportunities and fun your children can experience if you and the other parent think of the children’s time instead of your own time, i.e. when your children are in their 30’s, they aren’t going to look back at their childhood and say, “We’re so glad our parents always exchanged us right at 7:00 pm and didn’t ever cooperate with each other or take our feelings into consideration.”  If you look at parenting time based on this broader way of thinking, you will do be doing your children a great service in life.
  • “As the parents agree, but if they can’t agree…”:  Parenting plans are specific and detailed for a reason.  That reason – some parents do not work well with each other and need to follow detailed directions.  Otherwise, they continually argue and debate the meaning of words, sentences and terms in their parenting plan. 
Parents who truly co-parent go with the flow and make changes as needed.  Sure, parents like this will generally stick to the basic outline provided by their parenting plans, but they allow for plenty of give and take, and they work with each other to change weekends, holidays, exchange times, etc. 

What does this mean?  It means the two of you could literally throw your parenting plan in a drawer somewhere and not look at it for months, or maybe even years at a time!  The two of you can do whatever you want to do and change parenting times, visitation, holidays, etc. as long as you BOTH agree to those changes.  If BOTH of you cannot agree to a change, then you simply follow the default terms, or what some parents call the “fall back” terms.

It is the goal that the parents make all important decisions regarding their child (including, but not limited to, education, activities and healthcare) jointly, however, because both parents are the legal custodians and residential parents entitled to make decisions, disagreements may occur.  The parents should consult with individuals with experience and knowledge regarding this issue(s) about which the parents are unable to agree.

  • EXAMPLE for Education-Related Decision:  Sally does very well in school and the topic of Sally skipping from 3rd grade to 5th grade comes up.  Because this is a Shared Parenting Plan, the parents must agree on a decision to move forward.  Parent A feels Sally should skip a grade, and Parent B feels Sally should not skip a grade.  Due to the disagreement, the parents have a meeting with Sally’s 3rd grade teacher, who tells the parents it would not be a good idea for Sally to skip 4th grade for social reasons.  Thus, Sally does not skip a grade.
  • EXAMPLE of Healthcare-Related Decision:  Sally breaks her leg on the playground.  When the parents arrive at the hospital, they are informed the break may require surgery.  Parent A thinks surgery is out of the question and only believes a cast is necessary.  Parent B thinks surgical placement of pins would help Sally heal and recover properly.  Because they do not agree, the parents ask the treating physician his/her opinion.  The doctor tells the parents that a cast would certainly allow the leg to heal and that surgery would be a last resort.  Thus, Sally would be treated with a cast.
*Both parents have the right to execute any consent forms necessary for treatment.

EXAMPLE of Extra-Curricular Activity-Related Decision:  Sally is 14 years old and has played soccer since she was 5 years old.  Now, Sally wants to play golf on the school team, in addition to soccer.  Parent A wants Sally to play golf and parent B does not want Sally to play golf.  The parents do not agree; thus, they agree to go to mediation.  At mediation, it is discovered that parent B didn’t want Sally to play golf because parent B thought the weekend golf tournaments during the school year would interfere with their parenting time and they wouldn’t get to see Sally very often.  Parent A agrees that if a golf tournament takes place on a weekend that parent B is to have parenting time, parent A will switch weekends with parent B to accommodate the parenting time.  The parents agree;

  • Both parents understand that a child’s time with the other parent is important and therefore shall not enroll the child in activities that will adversely affect the other parent’s time with the child i.e., one parent shall not enroll the child in activities/functions that will unreasonably interfere with the other parent’s parenting times, unless otherwise agreed. 
  • An example of an unreasonable interference with a parent’s parenting time would be enrolling a child in a travelling sports team that competes in tournaments every weekend for three (3) months straight, and competes in Cincinnati one weekend, Chicago the next, then Pittsburgh, etc.  However, for example, if a child becomes an expert (insert skill here) and gets the opportunity to hone his/her skill by investing countless weekends in lessons, the parents should focus on the benefit/potential benefit to that child and balance the competing interests between the skill and parenting time;
  • The parents must understand that as their child becomes more active in school and community activities, each parent’s time with the child will be subject to practices, games, rehearsals, performances, etc.  The parents must ensure that their child makes it to practices, games, rehearsals, performances, etc., i.e., the parents realize their parenting time could be spent sitting in the stands or standing on the sidelines for years to come. 
*Plain Language = Neither parent is allowed to keep the child from practices or games because, “…it interferes with my time.”  Remember, it’s the child’s time with the parent, and if a child has a game, then the parent the child is with will be going to the game.

SIGNIFICANT OTHERS & THIRD-PARTY ASSISTANCE

Every person who enters a child’s life has the potential to play an important role in that child’s life.  As the parents continue on in their lives, they may meet new significant others.  Introducing a child to new significant others can be problematic if there is a revolving door of new boyfriends/girlfriends, so special care should be taken in this arena.

*Plain Language = Be sure your special someone is special enough to meet your child.  Going out on two (2) dates doesn’t make someone special.

The parents acknowledge that the child has two parents.  Significant others are not replacements for either parent.  Instead, significant others should be positive additions to the lives of the child.  A parent shall be responsible for ensuring their significant other shall not interfere with, nor complicate the parenting relationship between the parents.   

*Plain Language = Significant others can play a significant role in the lives of the child by being positive and mature role models, but they also have to know when to butt out.

The parents acknowledge that each of them may request a third party (such as a significant other, parent, relative, friend, etc.) to assist them in the daily care and responsibility for the minor child.  Such daily care may include providing transportation for the minor child, taking the minor child to the doctor, and any other assistance requested by the parent.  Each parent acknowledges that the other parent is a responsible parent and trust that the other parent will request third party assistance with the child’s best interest in mind.  Each parent shall not interfere or otherwise cause conflict with the other parent’s decisions to request third party assistance.

*Plain Language = If you have a relative drive the child to practice, that’s fine.  If your relative has three (3) DUI convictions and is currently on parole for armed robbery, that’s not fine.

STATUTORY NOTICESRELOCATION NOTICE: Pursuant to Ohio Revised Code Section 3109.051(G), the Parties hereto are hereby notified as follows:

IF THE RESIDENTIAL PARENT INTENDS TO MOVE TO A RESIDENCE OTHER THAN THE RESIDENCE SPECIFIED IN THE PARENTING TIME ORDER OR DECREE OF THE COURT, THE RESIDENTIAL PARENT SHALL FILE A NOTICE OF INTENT TO RELOCATE WITH THIS COURT, ADDRESSED TO THE ATTENTION OF THE RELOCATION OFFICER. UNLESS OTHERWISE ORDERED PURSUANT TO O.R.C. SECTIONS 3109.051(G)(2), (3) AND (4), A COPY OF SUCH NOTICE SHALL BE MAILED BY THE COURT TO THE PARENT WHO IS NOT THE RESIDENTIAL PARENT.  UPON RECEIPT OF THE NOTICE, THE COURT, ON ITS OWN MOTION OR THE MOTION OF EITHER PARTY, MAY SCHEDULE A HEARING WITH NOTICE TO BOTH PARTIES TO DETERMINE WHETHER IT IS IN THE BEST INTEREST OF THE CHILD TO REVISE THE PARENTING TIME SCHEDULE.

RECORDS ACCESS NOTICE: Pursuant to Ohio Revised Code Sections 3109.051(H) and 3319.321(B)(5)(a), the Parties are hereby notified as follows:

EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER AND SUBJECT TO O.R.C. SECTIONS 3125.16 AND 3319.321(F), THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS ANY RECORD THAT IS RELATED TO THE CHILD, UNDER THE SAME TERMS AND CONDITIONS AS THE RESIDENTIAL PARENT, AND TO WHICH SAID RESIDENTIAL PARENT IS LEGALLY PROVIDED ACCESS.  ANY KEEPER OF RECORD WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER IS IN CONTEMPT OF COURT.

DAY CARE CENTER ACCESS NOTICE:  Pursuant to Ohio Revised Code Sections 3109.051(I), the Parties hereto are hereby notified as follows:

EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND IN ACCORDANCE WITH O.R.C. SECTION 5401.011, THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS TO ANY DAY CARE CENTER THAT IS OR WILL BE ATTENDED BY THE CHILD WITH WHOM PARENTING TIME IS GRANTED, TO THE SAME EXTENT THAT THE RESIDENTIAL PARENT IS GRANTED ACCESS TO THE CENTER.

SCHOOL ACTIVITIES NOTICE:  Pursuant to Ohio Revised Code Section 3109.051(J),                the Parties hereto are hereby notified as follows:

EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND SUBJECT TO O.R.C. SECTION 3319.321(F), THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS, UNDER THE SAME TERMS AND CONDITIONS AS THE RESIDENTIAL PARENT, TO ANY STUDENT ACTIVITY THAT IS RELATED TO THE CHILD AND TO WHICH THE RESIDENTIAL PARENT OF THE CHILD LEGALLY IS PROVIDED ACCESS.  ANY SCHOOL EMPLOYEE OR OFFICIAL WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER IS IN CONTEMPT OF COURT.

CHILD SUPPORT NOTICE:  Pursuant to Ohio Revised Code Section 3119., 3121.,  3123., and 3125., the Parties hereto are hereby notified as follows:

ALL SUPPORT UNDER THIS ORDER SHALL BE WITHHELD OR DEDUCTED FROM THE INCOME OR ASSETS OF THE OBLIGOR PURSUANT TO A WITHHOLDING OR DEDUCTION NOTICE OR APPROPRIATE COURT ORDER ISSUED IN ACCORDANCE WITH CHAPTERS 3119, 3121, 3123, AND 3125 OF THE OHIO REVISED CODE OR A WITHDRAWAL DIRECTIVE ISSUED PURSUANT TO SECTIONS 3123.24 TO 3123.38 OF THE OHIO REVISED CODE AND SHALL BE FORWARDED TO THE OBLIGEE IN ACCORDANCE WITH CHAPTERS 3119, 3121, 3123 AND 3125 OF THE OHIO REVISED CODE. THE WITHHOLDING OR DEDUCTION NOTICES AND OTHER ORDERS ISSUED UNDER SECTIONS 3121.03 TO 3121.06 AND 3121.12 OF THE REVISED CODE AND THE NOTICES THAT REQUIRE THE OBLIGOR TO NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY ADMINISTERING THE SUPPORT ORDER OF ANY CHANGE IN THE OBLIGOR’S EMPLOYMENT STATUS OR OF ANY OTHER CHANGE IN THE STATUS OF THE OBLIGOR’S ASSETS ARE FINAL AND ARE ENFORCEABLE BY THE COURT.  A PERSON REQUIRED TO COMPLY WITH WITHHOLDING OR DEDUCTION NOTICES DESCRIBED IN SECTION 3121.03 OF THE REVISED CODE SHALL DETERMINE THE MANNER OF WITHHOLDING OR DEDUCTING FROM THE SPECIFIC REQUIREMENT INCLUDED IN THE NOTICES WITHOUT THE NEED FOR ANY AMENDMENT TO THE SUPPORT ORDER, AND A PERSON REQUIRED TO COMPLY WITH AN ORDER DESCRIBED IN SECTIONS 3121.03, 3121.04 TO 3121.06 AND 3121.12 OF THE REVISED CODE SHALL COMPLY WITHOUT THE NEED FOR ANY AMENDMENT TO THE SUPPORT ORDER.

REGARDLESS OF THE FREQUENCY OR AMOUNT OF SUPPORT PAYMENTS TO BE MADE UNDER THE ORDER, THE CHILD SUPPORT ENFORCEMENT AGENCY REQUIRED TO ADMINISTER THE ORDER SHALL ADMINISTER IT ON A MONTHLY BASIS IN ACCORDANCE WITH SECTIONS 3121.51 TO 3121.54 OF THE REVISED CODE.  PAYMENTS UNDER THE ORDER ARE TO BE MADE IN THE MANNER ORDERED BY THE COURT OR AGENCY, AND IF THE PAYMENTS ARE TO BE MADE OTHER THAN ON A MONTHLY BASIS, THE REQUIRED MONTHLY ADMINISTRATION BY THE AGENCY DOES NOT AFFECT THE FREQUENCY OR THE AMOUNT OF THE SUPPORT PAYMENTS TO BE MADE UNDER THE ORDER.

IF THE PERSON REQUIRED TO OBTAIN PRIVATE HEALTH CARE INSURANCE COVERAGE FOR THE CHILDREN SUBJECT TO THIS CHILD SUPPORT ORDER OBTAINS NEW EMPLOYMENT, THE AGENCY SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 3119.34 OF THE REVISED CODE, WHICH MAY RESULT IN THE ISSUANCE OF A NOTICE REQUIRING THE NEW EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY TO ENROLL THE CHILDREN IN PRIVATE HEALTH CARE INSURANCE COVERAGE PROVIDED BY THE NEW EMPLOYER, WHEN INSURANCE IS NOT BEING PROVIDED BY ANY OTHER SOURCE.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT THE OBLIGOR SHALL MAKE ALL PAYMENTS DIRECTLY TO THE OHIO CHILD SUPPORT PAYMENT CENTRAL P.O. BOX 182372, COLUMBUS, OHIO 43218-2394, BY CASH, CHECK OR MONEY ORDER, DURING ALL PERIODS OF TIME IN WHICH A WAGE WITHHOLDING IS NOT IN EFFECT.  IF THE OBLIGOR MAKES ANY CHILD SUPPORT PAYMENTS DIRECTLY TO THE OBLIGEE THESE PAYMENTS SHALL BE DEEMED GIFTS, PURSUANT TO SECTION 3121.45 OF THE OHIO REVISED CODE, AND SHALL NOT BE CREDITED TOWARDS THE OBLIGOR’S CURRENT CHILD SUPPORT OBLIGATION OR ARREARAGE.

EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER’S LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER.

IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.

IF YOU ARE AN OBLIGOR OR OBLIGEE AND YOU FAIL TO GIVE THE REQUIRED NOTICES TO THE CHILD SUPPORT ENFORCEMENT AGENCY. YOU MAY NOT RECEIVE NOTICE OF THE CHANGES AND REQUESTS TO CHANGE THE CHILD SUPPORT AMOUNT. HEALTH CARE PROVISIONS. OR TERMINATION OF THE CHILD SUPPORT ORDER. IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVERS LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION.

IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED THAT, PURSUANT TO SECTIONS 3119.87 AND 3119.88 OF THE OHIO REVISED CODE, THE OBLIGEE SHALL IMMEDIATELY NOTIFY THE COURT OF ANY REASON FOR WHICH THE CHILD SUPPORT ORDER SHOULD BE MODIFIED OR TERMINATED, INCLUDING, BUT NOT LIMITED TO, DEATH, EMANCIPATION, MARRIAGE, INCARCERATION, ENLISTMENT IN THE ARMED SERVICES, DEPORTATION, OR CHANGE OF LEGAL CUSTODY OF THE CHILD(REN). THE OBLIGOR MAY NOTIFY THE COURT OF ANY REASON FOR WHICH THE CHILD SUPPORT ORDER SHOULD BE MODIFIED OR TERMINATED. YOU ARE HEREBY GIVEN NOTICE THAT A WILLFUL FAILURE TO NOTIFY THE COURT AS REQUIRED BY OHIO REVISED CODE SECTION 3119.87 IS CONTEMPT OF COURT. ANY NOTICE REQUIRED BY THIS ENTRY IS HEREBY ORDERED TO BE SENT TO THE COUNTY CHILD SUPPORT ENFORCEMENT AGENCY (CSEA) AS WELL.

IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED THAT THE OBLIGOR SHALL REPORT IN WRITING, ANY NEW EMPLOYMENT OR CHANGE IN HIS/HER EMPLOYMENT STATUS TO THE COUNTY CHILD SUPPORT ENFORCEMENT AGENCY (CSEA) WITHIN FORTY-EIGHT (48) HOURS AFTER ANY CHANGE. UPON NOTICE TO THE COUNTY CSEA THAT THE OBLIGOR HAS OBTAINED NEW EMPLOYMENT, THE AGENCY SHALL ISSUE A WAGE WITHHOLDING ORDER WITHOUT FURTHER HEARING.  THE OBLIGOR SHALL INCLUDE IN THE NOTIFICATION THE NAME, BUSINESS ADDRESS AND TELEPHONE NUMBER OF HIS/HER NEW EMPLOYER, HIS/HER RATE OF PAY AND ANY OTHER INFORMATION REASONABLY RELATED TO THIS EMPLOYMENT AS REQUIRED BY THE COUNTY CSEA.

IT IS FURTHER ORDERED THAT PURSUANT TO O.R.C. § 3119.32, THE PARENT ORDERED TO PROVIDE PRIVATE HEALTH INSURANCE FOR THE CHILD SHALL, NO LATER THAN THIRTY [30] DAYS AFTER THE ISSUANCE OF THIS ORDER, SUPPLY THE OTHER PARENT WITH INFORMATION REGARDING THE BENEFITS, LIMITATIONS, AND EXCLUSIONS OF THE HEALTH INSURANCE COVERAGE, COPIES OF ANY INSURANCE FORMS NECESSARY TO RECEIVE REIMBURSEMENT, PAYMENT OR OTHER BENEFITS UNDER THE HEALTH INSURANCE COVERAGE AND A COPY OF ANY NECESSARY INSURANCE CARDS.

IT IS FURTHER ORDERED THAT THE EMPLOYER(S) OF THE PERSON REQUIRED TO OBTAIN PRIVATE HEALTH INSURANCE COVERAGE IS REQUIRED TO RELEASE TO THE OTHER PARENT, ANY PERSON SUBJECT TO AN ORDER ISSUED UNDER O.R.C. § 3109.19, OR THE CHILD SUPPORT ENFORCEMENT AGENCY, ON WRITTEN REQUIRES, ANY NECESSARY INFORMATION ON THE PRIVATE HEALTH INSURANCE COVERAGE, INCLUDING THE NAME AND ADDRESS OF THE HEALTH PLAN ADMINISTRATOR AND ANY POLICY, CONTRACT OR PLAN NUMBER, AND OTHERWISE COMPLY WITH O.R.C. § 3119.32 AND ANY ORDER OR NOTICE ISSUED UNDER THIS SECTION.

IT IS FURTHER ORDERED THAT IF THE PERSON REQUIRED TO OBTAIN PRIVATE HEALTH CARE INSURANCE COVERAGE FOR THE CHILD(REN) SUBJECT TO THIS CHILD SUPPORT ORDER OBTAINS NEW EMPLOYMENT, THE AGENCY SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 3119.34 OF THE REVISED CODE, WHICH MAY RESULT IN THE ISSUANCE OF A NOTICE REQUIRING THE NEW EMPLOYER TO TAKE WHATEVER ACTION IS NECESSARY TO ENROLL THE CHILD(REN) IN PRIVATE HEALTH CARE INSURANCE COVERAGE PROVIDED BY THE NEW EMPLOYER, WHEN INSURANCE IS NOT BEING PROVIDED BY ANY OTHER SOURCE.

PURSUANT TO O.R.C. § 3119.364, ANY EMPLOYER WHO RECEIVES A COPY OF AN ORDER ISSUED UNDER O.R.C. § 3119.30, § 3119.33, OR §3119.34 SHALL NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY (CSEA) OF ANY CHANGE IN OR THE TERMINATION OF THE CHILD SUPPORT OBLIGOR’S OR THE CHILD SUPPORT OBLIGEE’ S PRIVATE HEALTH INSURANCE COVERAGE THAT IS MAINTAINED PURSUANT TO THE ORDER OR NOTICE.

IT IS FURTHER ORDERED THAT ANY UNCOVERED MEDICAL COSTS FOR THE BENEFIT OF THE CHILD(REN), INCLUDING CO-PAYS AND DEDUCTIBLES, SHALL BE DIVIDED EQUALLY BETWEEN THE PARENTS.

Any notices required by this order are to be sent to the Marion County Child Support Enforcement Agency, 620 Leader St., Marion, OH 43302.  All payments required by this order are to be sent to the Ohio Child Support Payment Central (CSPC), P. O. Box 182394, Columbus, Ohio 43218.
Rule 33: Specialized Dockets
  • For the purposes of decreased recidivism and increased family stability, the Court on its own motion may refer cases of appropriateness to any special court program.  Each program will coordinate agency collaboration, provide regular judicial oversight, and assess progress on goals.
  • Family Dependency Treatment Court (effective June 8, 2023)
For cases of abuse, neglect and/or dependency whereas the parent or guardian has been assessed as having one or more of the following:  mental illness, alcohol abuse/dependence or drug abuse/dependence.

A Judge/Magistrate may refer a case to the Family Dependency Treatment Court (FDTC) program.  The FDTC Treatment Team will determine appropriateness for participation in the program based upon specific eligibility criteria and make recommendations to the FDTC Judge/Magistrate.  The FDTC Treatment Team shall then determine whether to accept the family into the program.  If admitted the family shall be diverted to the specialized docket of the FDTC program for further proceedings.

All parties involved with a case in the FDTC are to comply with all aspects of the program as certified by the Ohio Supreme Court and orders of the Court.  If unsuccessfully terminated from the FDTC program the family shall be returned to the Abuse, Neglect and/or Dependency Docket for further proceedings as defined in the Ohio Revised Code.

All Judgment Entries or Orders issued by the Family Dependency Treatment Court shall be file stamped and placed in a confidential folder within the Abuse, Neglect and/or Dependency case file. These documents may be viewed by the parties and their counsel.

  • Juvenile Re-Entry Court
For cases involving a child adjudicated delinquent, and returning to the community from institutional and/or residential placement.

A Judge/Magistrate refer the case the Juvenile Re-Entry Court.  The Juvenile Re-Entry Court Treatment team will determine appropriateness for participation in the program based upon specific eligibility criteria and make recommendations to the Juvenile Re-Entry Court Judge/Magistrate.  The Juvenile Re-Entry Court Treatment Team shall determine whether to accept the family into the program.  Each participant and their family are to comply with all aspects of the program as certified by the Ohio Supreme Court and the orders of the Court.  If unsuccessfully terminated, the case will be returned to the Delinquency Docket for further proceedings.
Rule 37: Neutral Evaluation
  • Introduction
  • Definitions

 As used in this rule:

    1. “Neutral Evaluation” (“NE”) is a process in which the parties to a dispute present their claims or defenses and describe the principal evidence on which their claims or defenses are based to a neutral third-party who then shares impressions about the strengths and weaknesses and probable outcome of each matter.
    2. “Neutral Evaluator” (“Evaluator”) means a court appointed individual who conducts the NE session.
    3. “NE Communication” means a statement, whether oral, in a record, verbal or nonverbal, that occurs during a NE session or is made for the purposes of considering, conducting, participating in, initiating, continuing, or reconvening a NE session.

 

  • Purpose

It is the policy of this Court to utilize NE to promote greater public satisfaction through the facilitation of a fair and efficient resolution for Marion County Family Court cases.   

  • Scope

NE may be chosen as an appropriate method of resolution for a case.  A case may be referred to NE for the resolution of parenting issues.

  • Case Selection and Referral
    1. The Court, upon its own motion or upon the motion of a party, may refer a case to Neutral Evaluation.
    2. If a case is deemed appropriate for NE, a NE session may be scheduled and two Evaluators will be assigned by the Court.
    3. Unless otherwise ordered by the Court, the Evaluators will consist of a legal professional and a mental health professional.
  • Participation

The NE session requires the participation of each party, their respective attorney, if represented, and the guardian ad litem.  No other person shall be permitted to participate without prior approval of the Court.

  • Fees

Unless otherwise ordered by the Court, the NE fees shall be shared equally between the parties.  These fees shall be applied to the court costs of the action.  In the event the case requires more than one NE session, the Court may order the parties to pay additional fees.

  • Neutral Evaluation Session Procedure
A.  A team of two Evaluators shall be appointed to conduct the NE session.
B.  At the NE session, the Evaluators will oversee the discussion to allow each party and/or attorney the opportunity to be heard in an 
       atmosphere of cooperation and respect.
C.  Unless otherwise permitted by the Evaluators:
    1. When a party is represented by an attorney, the party shall have 15 minutes to present his or her case/issues to the Evaluators. The party’s attorney is then allowed 5 minutes to present.
    2. A self-represented party and the guardian ad litem, if appointed, shall each be allotted the entire 20 minutes to present.
    3. The Evaluators may ask each party questions to clarify the issues, if necessary.
D.  After the parties’ presentations, the Evaluators will consult privately to discuss the strengths and weaknesses of each party’s position
       and to discuss probable outcomes for the parties. The Evaluators will then present their feedback and recommendation to the parties
       and their attorneys, if represented.
E.  The parties will be given an opportunity to consult privately with their attorneys to review and discuss the Evaluator’s feedback. The 
       parties will then reconvene to discuss the results and attempt resolution.
F.  If the parties come to a full or partial agreement, the Evaluators will report that to the Court as well as who will submit Agreed
      Entry/Stipulations. The matter may be referred for other services if the case is unable to be resolved.
G. Evaluators are prohibited from offering legal advice. However, Evaluators may encourage referrals to legal counsel and other support
      services for all parties.
H. A party or counsel who has a comment or complaint regarding the performance of an Evaluator, shall contact the Director of the Marion          County Family Court.

  • Domestic Abuse and Domestic Violence
A.  All cases shall be screened for domestic abuse and domestic violence by the Evaluators before the commencement of the NE session and
      during the NE session.
B.  When violence or fear of violence is alleged, suspected, or present, NE may proceed only if one of the Evaluators has specialized training
      as set forth in “Specialized Domestic Abuse Issues and Mediation Training” of this Rule and the Evaluators have done all of the following:
    1. Informed the person who is or may be the victim of domestic abuse or domestic violence about the NE process, the right to decline participation in the NE process, and the option to have a support person, in addition to an attorney, present at the NE session.
    2. Assessed and determined that the parties have the capacity to participate in the NE session without fear of coercion or control.
    3. Implemented procedures to provide for the safety of the person who is or may be the victim of domestic abuse or domestic violence and all other persons present at the NE session.
    4. Implemented procedures for the Evaluators to terminate the NE session if there is a threat of domestic abuse, domestic violence, or coercion between the parties.
C. Evaluators may encourage referrals to legal counsel and other support services for victims of and suspected victims of domestic abuse or
      domestic violence.
D. NE shall not be used in any of the following:
  1. As an alternative to the prosecution or adjudication of domestic violence;
  2. In determining whether to grant, modify or terminate a protection order;
  3. In determining the terms and conditions of a protection order: and
  4. In determining the penalty for violation of protection order.
E.  Nothing in this division of this Rule shall prohibit the use of NE in a subsequent divorce or custody case even though the case may result
      in the termination of the provisions of a protection order under Ohio Revised Code Section 3113.31.

  • Qualifications and Continuing Education

A team of Evaluators, whether employed by the Court, or with whom the Court is contracted, or to whom the Court makes referrals, shall have the following minimum qualifications:

    1. At least one Evaluator shall be licensed to practice law in Ohio and have a minimum of five years of experience in family law handling cases involving the allocation of parental rights and responsibilities. Experience includes mediation, legal representation, or equivalent experience that is satisfactory to the Court.
    2. The second Evaluator Must possess at least a master’s degree in the fields of psychology, social work, sociology, counseling, or related field acceptable to the Court and have a minimum of five years of experience working with children and families. Experience includes mediation, counseling, casework, legal representation in family law matters, or equivalent experience that is satisfactory to the Court.
    3. At least one Evaluator shall have completed the following courses approved by the Supreme Court Dispute Resolution Section in accordance with the standards established by the Commission on Dispute Resolution:
i.    Fundamentals of Mediation Training or be a qualified Mediator in accordance with Rule 31.09;
ii.   Specialized Family or Divorce Mediation Training; and
iii.  Specialized Domestic Abuse Issues and Mediation Training.
         D. Additionally, an Evaluator shall complete at least three hours per calendar year of continuing education relating to neutral evaluation,
               negotiation, mediation, child development, or other area related to NE subject matter as approved by the Court.

If an Evaluator fails to comply with the continuing education requirement, the Evaluator shall not be eligible to serve as an Evaluator until the continuing education requirement is met.

         E. The Court will maintain a list of qualified Evaluators. All individuals interested in being on the list of qualified Evaluators shall submit
              on or before January 1st of each year to the Court an updated curriculum vitae (including a list of training related to the field of
              dispute resolution and profession or association memberships) and continuing education certificates.  The Court will review
              applications of persons seeking to be added to the list of qualified Evaluators in accordance with the procedures adopted by the
             Court.
        F.  At the request of a party to the NE, the Evaluator shall disclose his or her qualifications to evaluate the subject matter in dispute.

 

  • Neutrality of Evaluators
    1. If at any time during the NE process an Evaluator or party becomes aware of a conflict of interest or an issue with respect to the neutrality of the Evaluator(s), the Evaluator, the party, or the party’s counsel, when applicable, shall disclose the facts of the purported conflict. A party may agree to waive the conflict after a full disclosure of the facts.  If a party requests that the Evaluator withdraw, or if the Evaluator believes it necessary that he or she withdraw from the case, the Court may appoint another Evaluator.
    2. An Evaluator shall not serve as a witness, consultant, attorney, or expert in any pending or future action relating to a dispute for which the Evaluator conducted a NE session.
  • Confidentiality
    1. Neutral Evaluation communications are confidential.
    2. Exceptions to confidentiality include, but are not limited to, the following:
      1. Parties may share NE communications with their attorneys;
      2. Allegations of abuse or neglect of a child:
      3. Certain threats of harm to other people or oneself;
      4. Statements made during the NE process to plan or to hide an ongoing crime; and
      5. Statements made during the NE process that reveal a felony.
    3. The foregoing confidentiality requirements shall not preclude Evaluators and participants in a NE session from testifying as to a crime committed in their presence, nor shall they be construed to exempt any person from the statutory duty to report child abuse pursuant to Ohio Revised Code Section 2151.421 or to limit any exceptions contained in Ohio Revised Code 2710.05.
    4. Neutral Evaluation sessions shall NOT be recorded.
  • Privileged Communications
    1. A NE communication is privileged and not subject to discovery or admissible as evidence in a judicial proceeding. An Evaluator shall not be deposed or subpoenaed to testify about any NE communication unless an exception applies.
    2. Exceptions to privilege include the following:
      1. The NE communication is otherwise discoverable;
      2. The NE communication is an imminent threat or statement of a plan to inflict bodily injury or commit a crime of violence;
      3. The NE communication is intentionally used to plan, to attempt to commit or to commit a crime, or to conceal an ongoing crime or ongoing criminal activity; and
      4. The NE communication is required to be disclosed pursuant to Ohio Revised Code Section 2921.22.
  • 37.14   Sanctions 

The Court may impose sanctions for any violation of this rule which may include, but not limited to, attorney’s fees and other costs, contempt or other appropriate sanctions at the discretion of the Court.

Rule 34: Juvenile Competency Proceedings
  • General Purpose: The purpose of these rules is to expedite proceedings under sections 2152.51 to 2152.59 of the Revised Code, to ensure that proper notice of competency hearings is provided to the appropriate persons, and to ensure that any proceedings on an underlying complaint are stayed pending the determinations under these sections.
  • Expedited Hearings:   Juvenile competency proceedings shall be scheduled and heard on an expedited basis.  Hearings in juvenile competency proceedings shall be held in strict compliance with applicable deadlines as established by statute or by this rule.
    • Notice:  Upon the conclusion of each hearing, the court shall provide written notice to the prosecuting attorney, the child’s attorney, the child’s guardian ad litem, and the child’s parents, guardian, or custodian of the date, time and place of the next scheduled hearing.  Mailed notice shall not be required for any party or other individual designated in this rule to whom notice of the next hearing was provided in writing upon conclusion of the immediately preceding hearing
  • Stay of Proceedings:  Upon the filing of a motion for a determination regarding a child’s competency or upon the court’s own motion the court shall stay all delinquency proceedings pending a determination of competency.  If, upon a determination of competency, the court determines that the child is not competent but could likely attain competency, the court order staying the delinquency proceedings shall remain in effect until such time as the child attains competency or the proceeding is dismissed.
Rule 35: Efiling of Court Documents
  • Except as otherwise provided in Subsection (L) of this Rule, all pleadings, motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders or other documents submitted may be filed electronically through the Court’s authorized electronic filing system. Documents filed in accordance with this Rule shall be deemed filed and shall become the Court’s Official Court Record when they are entered by the Clerk in the Court’s e-File system.
  • DEFINITION OF TERMS: The following terms in this Rule shall be defined as follows:
    • Accepted Filing:  A filing is accepted after a clerk review has occurred and is approved for docketing.
    • Case Management System (“CMS”): The Court CMS manages the receipt, processing, storage and retrieval of data associated with a case and performs actions on the data.
    • Clerk Review: A review of documents electronically submitted by the Clerk in accordance with Court rules, policies, procedures, and practice.
    • Confidentiality or Confidential: All documents submitted for filing shall not be considered a public record until accepted by the Clerk, and shall remain confidential thereafter if so entitled to confidentiality under rule or law.
    • Court Electronic Record: Any document that the Court receives in electronic form, records in the CMS and stores in its DMS. This includes Court initiated filings as well as pleadings, other documents and attachments created by parties or their counsel. It does not include physical exhibits brought into the courtroom for the Court or jury’s edification that cannot be captured in electronic form.
    • Court Initiated Filings: Official Court documents entered into the docket or register of actions, such as notices or orders. The term “Court initiated filings” is a simplification to indicate that documents will be submitted as part of the electronic court record, but could be submitted using exactly the same process as external filings if the Court so desires.
    • Direct Access: The ability of any person to inspect and obtain a copy of a court record at all reasonable times during regular business hours at the place where the record is made available.
    • Document: A filing made with the Clerk in either electronic format or paper form, becoming the Court’s official record.
    • Document Management System (“DMS”): A DMS manages the receipting, indexing, storage and retrieval of electronic and non-electronic documents associated with a case.
    • E-file ID Number: A number that is assigned to a document upon submission to the CMS. A Registered User may log into his/her/its account to review the status of documents filed on cases on which the Registered User is a filer, and view the number assigned to each filing for receipting/verification purposes.
    • Electronic Filing (“e File”): The electronic transmission, acceptance, and processing of a filing. A submission consists of data, one or more documents, and images. This definition of e-File does not apply to facsimile or email.
    • Nunc Pro Tunc: “Now for Then” An order that allows a Judge to correct an order previously made which was improperly entered or expressed.
    • Public Access: Both Direct and Remote Access.
    • Public Access Terminal: A terminal located in the Clerk’s office for use by the public during regular business hours. Users shall be charged for printed copies of documents at rates permitted by law.
    • Registered User: A person who has read and agreed to the terms of the CMS’s User Agreement, has provided his/her credentials through the CMS proving his/her identity, and has been provided with a User ID and password through the CMS. A Registered User, by virtue of his/her registration with the CMS, expressly assents to service by email as the default method of service for all documents except Complaints. A Registered User may log into his/her account 24/7 to review cases on which he/she is a party, and shall use the CMS to file any documents electronically, at any time of the day, from any location he/she chooses, using his/her User ID and password.
    • Rejected Filing: A document that does not comply with the applicable Court rules, policies and procedures and does not meet the requirements of Clerk Review.
    • Remote Access: The ability of any person to electronically search, inspect, and copy a court record at a location other than the place where the record is made available.
    • Service of Documents: All pleadings (unless excluded herein), motions, briefs, memoranda of law, deposition transcripts, transcripts of proceedings, orders and other documents filed electronically with the Clerk shall be served by the parties to a case and the Court in accordance with Ohio Civil Rule 5.
    • Submitted Filing:  A document that has been uploaded to the Court’s e-file system by a registered user for clerk review and acceptance.
    • System Error: When the Court’s e-File system is not operational.
  • SERVICE OF COURT INITIATED FILINGS:
Service of Court Initiated Filings shall be made at the Court or Clerk’s discretion.

  • REGISTRATION IN e-File SYSTEM:
                All counsel of record and pro se parties shall register with the Court’s e-File system if they wish to file, serve, receive, review and retrieve copies of e-Filed pleadings, orders and other documents in the case.

  • Any document filed electronically that requires a filing fee may be rejected by the clerk of court unless the filer has complied with the mechanism established by the court for the payment of filing fees in accordance with Civ. R. 5(E)(3).
  • CONFIDENTIAL AND UNIQUE ELECTRONIC IDENTIFIER:
    • The Court’s e-File system shall assign an individual who has registered pursuant to Subsection (C) of this Rule a confidential and unique electronic identifier that shall be used to file, serve, receive, review, and retrieve e-Filed pleadings, orders, and other documents in the case.
    • Each person to whom a unique identifier has been assigned shall be responsible for the security and use of such identifier.
    • All e-Filed documents shall be deemed to be made with the authorization of the party who is assigned the specific unique electronic identifier, unless the party proves to the satisfaction of the Court that the contrary is demonstrated.
  • OFFICIAL COURT RECORD:
 For documents that have been e-Filed pursuant to Subsection(I) of this Rule or documents filed in paper format pursuant to Subsection (L) of this Rule that have been scanned and uploaded to the e-File system by the Clerk, the electronic version constitutes the Official Court Record. e-Filed Documents have the same force and effect as those filed by traditional means.

  • FORM OF DOCUMENTS:
    • Format:  All pleadings, motions, briefs, and other documents shall be formatted in accordance with the following:
Typewritten or printed, double spaced, on 8 ½” x 11” paper, not less than 11-point and not greater than 12-point regular type font, paginated sequentially.

Filed documents shall not contain links to other documents or references to the CMS, unless they are incorporated into the filed documents. External links are prohibited.

    • Portable Document Format (“.pdf”):
Except as provided in Subsection (H) (2) (b) of this Rule, all e-Filed documents, pleadings, and papers shall be filed with the Clerk in .pdf.

A proposed order or proposed entry shall be submitted in Word [.doc] format and reference the specific motion to which it applies.

  • Signatures:
  • Attorney/Filing Party Signature: e-Filed documents that require the signature of the attorney or filing party shall be signed with a conformed signature of “/s/ [name].” The correct format for an attorney’s conformed signature is as follows:
/s/Attorney Name

Attorney Name (printed)

Bar Number 1234567

Attorney for [i.e. Plaintiff/Defendant/Third Party]

ABC Law Firm

Address Telephone

Fax and E-mail address

  • The conformed signature on an e-Filed document is deemed to constitute a signature on the document for the purposes of signature requirements imposed by the Ohio Rules of Superintendence, Rules of Civil Procedure, Rules of Criminal Procedure and any other law.
  • Multiple Signatures: When a stipulation or other document requires two or more signatures, the filer shall:
    • confirm that the content of the document is acceptable to all persons required to sign the document;
    • Indicate the agreement of other counsel or parties at the appropriate place in the document, usually on the signature line; and
    • e-File the document, indicating the signatories, e.g., /s/ Jane Doe, /s/ John Smith, etc.
  • Original Signatures: Documents requiring an original signature, such as an affidavit or other notarized documents shall be e-Filed as a .pdf.
    • The filer shall maintain the signed document in the filer’s records and have it available for production upon request of the Court.
    • The signed document shall be maintained until the case is closed and the time for appeal has expired or the appeals have been heard or denied and all opportunities for post judgment relief are exhausted.
  • Signature of Judge or Judicial Officer: e-Filed documents may be signed by a Judge or judicial officer via a digital signature. All orders, decrees, judgments and other documents signed in this manner shall have the same force and effect as if the Judge had affixed his or her signature to a paper copy of the order and journalized it.
  • TIME, EFFECT AND PROCESS OF e-Filing:
    • Submission: Any filing may be e-Filed with the Clerk 24 hours a day, 7 days a week.
    • Receipt: Upon receipt, the Court’s e-File system shall issue a confirmation that the submission has been received. The confirmation shall include the date and time of receipt and serve as proof of receipt.
    • Clerk Review: After Clerk Review, a filer will receive notification from the Clerk that the submission has been accepted or rejected by the Clerk.
      • If the submission is rejected, the document shall not become part of the Court record and the filer shall be required to re-submit the document to meet the requirements within 48 business hours.  If not resubmitted within 48 hours, the document will be rejected.
      • If the submission is accepted, the document shall be docketed and filed.
    • Official Time Stamp: Upon acceptance, the submission shall be deemed filed and shall receive an electronic stamp that includes the date and time that the filer submitted the document to the Court’s e-File system. Once accepted the document will be deemed filed for purposes of Ohio Law and relevant Rules of Court Procedure.
    • System Errors: If a submission is not received by the Court because of a System Error, the Court may, upon satisfactory proof, enter an order permitting the document to be filed nunc pro tunc to the date it was submitted.
  • SERVICE:
    • Instructions for Service: For all documents that require service by the Clerk or documents for which a party is requesting that service be made by the Clerk, Instructions for Service shall be filed as a separate document. The Clerk shall not accept Instructions for Service that do not designate the names and addresses of the parties to be served. If the address of the party to be served is unknown, the filer shall substitute “unknown” for the address and the Clerk will not attempt to serve unless specified instructions for service are provided.
    • Complaint and Related Documents in Civil Cases:
      • Upon filing the original complaint or any counterclaim, cross claim, or third party complaint, in addition to the Instructions for Service required by Subsection (35.11)(a) of this Rule, the filer shall include the address of the plaintiff(s) and defendant(s) in the caption of the document. If the address of any plaintiff or defendant is unknown, the filer shall substitute “unknown” for the address in the caption.
      • Unless an attorney or party has obtained permission signed by the assigned Judge to defer service of summons for a specific period of time, the Instructions for Service filed with the original complaint or any counterclaim, cross claim or third party complaint shall indicate a method of service pursuant to Civ. R. 4. The Clerk shall issue a summons and process the method of service in accordance with the Ohio Rules of Civil Procedure.
    • Documents Filed Subsequent to Initial Pleading:
      • In accordance with the Ohio Civil and Juvenile Rules of Procedure, the filer, not the Clerk, shall be responsible for serving all documents filed subsequent to the original complaint on all parties or their attorneys.
      • Entries and Orders:  After the order or entry has been signed and filed, the Court or Clerk shall serve copies of all entries and orders.
      • Certificate of Service by attorneys or pro se parties:  Proof of service of all documents required or permitted to be served shall be made in compliance with Ohio Rules of Civil and Juvenile Rules of Procedure.
PERSONAL AND PRIVATE INFORMATION IN DOCUMENTS FILED WITH THE CLERK:

  • Definition: Personal and private information includes, but is not limited to, social security numbers, financial account numbers, names of minors, information protected by law from public disclosure, or other personal identification numbers.
  • Exclusion: The filer shall not include personal and private information in any document filed with the Court unless such inclusion is necessary and relevant to the case, unless it is filed as a separate document – such as the Personal Identifier Information Sheet, which is a secure document not subject to public record. This requirement extends to and includes exhibits or addenda attached to filings, such as financial reports that use social security numbers as case numbers or medical records.
  • Redaction: If personal and private information is necessary and must be included in a document, the filer shall redact the personal and private information from the document in the following manner:
    • For social security numbers, financial account numbers, or other personal identification numbers, all but the last four digits of the number shall be redacted.
    • For minors, only the child’s initials shall be included except where a filing is confidential as a requirement by law.
    • For any other personal or private information, the information shall be replaced with “[REDACTED]”.
  • Responsible Party: The filer is responsible and liable for redacting personal and private information. The Clerk shall not review each document for compliance with this Rule.
  • Entries and Orders: Personal and private information required to be included in entries and orders shall be redacted in the manner prescribed under paragraph (c) of this section.
Rule 36: Parenting Coordination
36.01 Definitions.

As used in this rule:

  1. “Civil stalking protection order case” means a proceeding under O.R. C. 2903.214.
  2. “Domestic abuse” means aggressive behaviors directed toward a current or former intimate partner that are physical, sexual, economic, spiritual, or coercively controlling.  “Domestic abuse” may occur as a single aggressive behavior or a combination of aggressive behaviors and may vary from family to family in terms of frequency, recency, severity, intention, circumstance, and consequence.
  3. “Domestic violence” has the same meaning as in R.C. 3113.31(A)(1).
  4. “Parenting coordination” means a child-focused dispute resolution process ordered by a court of common pleas or division of the court to assist parties in implementing a parental rights and responsibilities or companionship time order using assessment, education, case management, conflict management, coaching, or decision-making. “Parenting coordination” is not mediation subject to R.C. Chapter 2710 or Sup.R. 16.20 through 16.25. 
  5. “Parenting Coordinator” means an individual appointed by the Court to conduct parenting coordination.
36.02 Purpose

To promote greater efficiency and public satisfaction through the facilitation of the earliest possible resolution for Marion County Family Court cases through the use of parenting coordination.

36.03 Scope

At any point after a parental rights and responsibilities or companionship time order is filed the Court may order parenting coordination except to determine the following:

  1. Whether to grant, modify, or terminate a protection order;
  2. The terms and conditions of a protection order;
  3. The penalty for violation of a protection order;
  4. Changes in the designation of the primary residential parent or legal guardian;
  5. Changes in the school placement of a child, in the case of shared parenting;
  6. Substantive changes in parenting time;
  7. The modification of child support or the allocation of tax exemptions or benefits or the division of uncovered medical expenses.

36.04 Appointment

A case in this Court may be selected and referred to parenting coordination in the following manner:

  • The Court may order parties to participate in parenting coordination sua sponte or upon written or oral motion by one or both parties, when one or more of the following factors are present:
    1. The parties have ongoing disagreements about the implementation of a parental rights and responsibilities or companionship time order and need ongoing assistance;
    2. There is a history of extreme or ongoing parental conflict that has be unresolved by previous litigation or other interventions and from which a child of the parties is adversely affected;
    3. The parties have a child whose parenting time schedule requires frequent adjustments, specified in an order of the Court, to maintain age-appropriate contact with both parties, and the parties have been previously unable to reach agreements on their parenting time schedule without intervention by the Court;
    4. The parties have a child with a medical or psychological condition or disability that requires frequent decisions regarding treatment or frequent adjustments in the parenting time schedule, specified in an order of the Court, and the parties have been previously unable to reach agreements on their parenting time schedule without intervention by the Court;
    5. One or both parties suffer from a medical or psychological condition or disability that results in an inability to reach agreements on or makes adjustments in their parenting time schedule without assistance, even when minor in nature;
    6. Any other factor as determined by the Court.
  • The appointment order shall set forth the following:
    1. The name of the parenting coordinator and any contact information the Court may choose to include;
    2. The specific powers and duties of the parenting coordinator;
    3. The term of the appointment;
    4. The scope of the confidentiality;
    5. The parties’ responsibility for fees and expenses for services rendered by the parenting coordinator;
    6. Parenting coordination terms and conditions.
  • The parenting coordinator who meets the qualifications in Section 36.05 shall be selected using one of the following:
    1. Use of a court employee;
    2. Random selection from the Court’s roster of parenting coordinators;
    3. Specific appointment based upon the type of case and the qualifications and caseload of the parenting coordinator;
    4. Parties select a parenting coordinator from the Court roster to be approved by the Court.
  •  The Court may not appoint a parenting coordinator who does not have the qualifications in Section 36.05 of this rule or who has served or is serving in a role that creates a professional conflict including, but not limited to, a child’s attorney or child advocate; guardian ad litem; custody evaluator; therapist, consultant, coach, or other mental health role to any family member; or attorney for either party.  Parties may not waive this conflict.
  • The Court may appoint a mediator to serve as a parenting coordinator with the same family, provided the parties give their written consent and it is approved by the court.
  • Upon motion of a party, for good cause shown, the court may terminate or modify the parenting coordinator appointment.
36.05 Parenting Coordinator Qualifications

To be appointed as a parenting coordinator the following qualifications apply:

  1. Be an independently licensed mental health professional, be licensed to practice law in Ohio, or otherwise have education and experience satisfactory to the appointing court of division;
  2. Possess extensive practical and professional experience with situations involving children.  This experience may include counseling, casework, or legal representation in complex family law matters; serving as a guardian ad litem or mediator; or other equivalent experience satisfactory to the court or division;
  3. Complete “Fundamental of Mediation Training” approved by the Supreme Court Dispute Resolution Section in accordance with standards established by the Commission on Dispute Resolution under Sup.R. 16.23(A)(1) or qualify for an exception as provided in Sup.R. 16.23(A)(2);
  4. Complete “Specialized Family or Divorce Mediation Training” approved by the Supreme Court Dispute Resolution Section in accordance with standards established by the Commission of Dispute Resolution under Sup.R. 16.23(B)(1)(c);
  5. Complete “Specialized Domestic Abuse Issues in Mediation Training” approved by the Supreme Court Dispute Resolution Section in accordance with standards established by the Commission of Dispute Resolution under Sup.R. 16.23(B)(1)(d);
  6. Complete “Parenting Coordination Training” approved by the Supreme Court Dispute Resolution Section in accordance with standards established by the Commission of Dispute Resolution.
  7. In addition, to be appointed as a parenting coordinator in abuse, neglect, or dependency cases, the parenting coordinator must complete “Specialized Child Protection Mediation” that has been approved by the Supreme Court Dispute Resolution Section in accordance with standards established by the Commission of Dispute Resolution under Sup.R. 16.23(B)(2)(c).
To maintain eligibility for appointment, a parenting coordinator shall complete at least six (6) hours per calendar year of continuing education relating to children, mediation, or diversity.  The diversity training may include awareness and responsiveness; cultural and racial diversity; and the effects of a parenting coordinator’s personal biases, values, and styles on the parenting coordination process.  The continuing education may include continuing education for lawyers, social workers, psychologists, or other licesnsed mental health professionals and professional development events that are acceptable to the court or division appointing the parenting coordinator.

36.06 Parenting Coordinator Responsibilities

  • A parenting coordinator shall have an ongoing duty to report to the Court any activity, criminal or otherwise, that would adversely affect the parenting coordinator’s ability to perform the functions of a parenting coordinator.
    • A parenting coordinator shall have an ongoing duty to report to the Court any activity, criminal or otherwise, that would adversely affect the parenting coordinator’s ability to perform the functions of a parenting coordinator.
    • A parenting coordinator shall decline or withdraw from an appointment or request appropriate assistance in either the following situations:
      • The facts and circumstances of the case are beyond the skill or expertise of the parenting coordinator.
      • Personal circumstances, including but not limited to medical, mental health, or substance misuse or dependence, exist that compromise the ability of the parenting coordinator to perform his or her role.
    • A parenting coordinator shall comply with the requirements of and act in accordance with the appointment order issued by the Court pursuant to Section 36.04 of this rule.
    • A parenting coordinator shall maintain independence; objectivity; and impartiality, including avoiding the appearance of partiality, in dealings with parties and professionals, both in and out of the courtroom.
    • A parenting coordinator shall avoid any clear conflicts of interest arising from any relationship activity, including but not limited to those of employment or business or from professional or personal contacts with parties or others involved in the case.  A parenting coordinator shall avoid self-dealing or associations from which the parenting coordinator may benefit, directly or indirectly, except from services as a parenting coordinator.  Upon becoming aware of a clear conflict of interest, a parenting coordinator shall advise the Court and the parties of the action taken to resolve the conflict and, if unable to do so, seek the direction of the Court.
    • A parenting coordinator shall have no ex parte communications with the Court regarding substantive matters or issues on the merits of the case.
    • A parenting Coordinator shall maintain records necessary to document charges for services and expenses.  A parenting coordinator shall issue invoices for services and expenses to the parties no less than once per month.
    • A parenting coordinator shall not offer legal advice.
    • Reporting
      • A parenting coordinator shall submit a resume to the Court documenting compliance with Section 36.05 of this rule; provide an updated resume to the Court in the event of any substantive changes; and notify the Court of any changes to name, address, telephone number and, if available, electronic mail address.
      • On or before January 1st of each year, a parenting coordinator shall report to the Court a list of all continuing education training completed during the previous year pursuant to Section 35.05 of this rule including the sponsor, title, date and location of each training.  A parenting coordinator shall not be eligible for appointment until this requirement is satisfied. 
36.07 Procedures

  • Screening and Disclosure for Domestic Abuse and Domestic Violence
    • All cases shall be screened for domestic abuse and domestic violence by the parenting coordinator before the commencement of the parenting coordination process and by the parenting coordinator during the parenting coordination process.  All parties and counsel shall immediately advise the parenting coordinator of any domestic violence convictions and/or allegations known to them or which become known to them during the parenting coordination process.
    • When domestic abuse or domestic violence is alleged, suspected or present, before proceeding, a parenting coordinator shall:
      • Fully inform the person who is or may be the victim of domestic abuse or domestic violence about the parenting coordination process and the option to have a support person present at parenting coordination sessions;
      • Have procedures in place to provide for the safety of all persons involved in the parenting coordination process;
      • Have procedures in place to terminate the parenting coordination session/process if there is a continued threat of domestic abuse, domestic violence, or coercion between the parties.
  • A parenting coordinator shall inform the parties that the parenting coordinator shall report any suspected child abuse or neglect and any apparent serious risk of harm to a family member’s self, another family member, or a third party, to child protective services, law enforcement, or other appropriate authority.  A parenting coordinator shall report child abuse or neglect pursuant to the procedure set forth in O.R.C. 2151.421.
  • Attendance and Participation
    • Parties shall attend parenting coordination sessions.  Requests to reschedule parenting coordination sessions shall be approved by the parenting coordinator.
    • A parenting coordinator shall allow attendance and participation of the parties and, if the parties wish, their attorneys and/or any other individuals designated by the parties.
  • A parenting coordinator shall provide information regarding appropriate referrals to resources including legal counsel, counseling, parenting courses/education and other support services for all parties, including, but not limited to, victims and suspected victims of domestic abuse and domestic violence.
  • Parenting Coordination Agreements, Reports and Decisions
    • Parties shall sign and abide by agreements reached during a parenting coordination session which shall be maintained in the parenting coordination file.  The parenting coordinator shall provide a copy to each party and their attorney, if any.
    • Upon request by the Court, the parenting coordinator shall prepare a written report including, but not limited to, the following:
      • Dates of parenting coordination session(s);
      • Whether the parenting coordination session(s) occurred or was terminated;
      • Requests to reschedule a parenting coordination session including the name of the requestor and whether the request was approved;
      • Whether an agreement was reached on some, all or none of the issues;
      • Who was in attendance at each session; and
      • The date and time of a future parenting coordination session(s)
    • The parenting coordinator shall first attempt to assist the parties in reaching an agreement that resolves the dispute(s).  If the parties are unable to reach an agreement, the parenting coordinator shall issue a written decision that is effective immediately and remains effective unless ordered otherwise by the Court.  The parenting coordinator shall provide copies to the parties and their attorneys, if any.  The decision shall be immediately filed with the Court and include all of the following:
      • Case caption, including the case number;
      • Date of the decision;
      • Facts;
      • Reasons supporting the decision;
      • The manner in which the decision was provided to the parties; and
      • Any other necessary information.
    • A party may file written objection(s) to a parenting coordinator’s decision, with the Court and serve all other parties to the action, within fourteen (14) days of the filing date of the decision. If any party timely files objection(s), any other party may also file objection(s) with the Court and serve all other parties to the action, not later than ten (10) days after the first objection(s) are filed.  A hearing may be scheduled, upon request, at the discretion of the Court.  A judge or magistrate shall issue a ruling on the objection(s) within thirty (30) days from the date of the last objection filed.
  • Parenting Coordinator Evaluations and Complaints
    • A parenting coordinator shall provide participants with the Parenting Coordinator Evaluation for, provided by the Court, prior to the first parenting coordination session and at the end of the term of the appointment.
    • The Court shall complete a review of the parenting coordinator(s) on the Court’s roster in January of each year.
    • A party to a case appointed to parenting coordination may file a complaint regarding the parenting coordinator within one year from the termination of the appointment.  The complaint shall be submitted to the Court Administrator, and include all of the following:
      • Case caption, including the case number;
      • The name of the parenting coordinator;
      • The name and contact information for the person making the complaint;
      • The nature of any alleged misconduct or violation;
      • The date(s) of the alleged misconduct or violation occurred;
    • The Court Administrator shall provide a copy of the complaint to the parenting coordinator;
    • The parenting coordinator has fourteen (14) days from the date of the receipt of the complaint to respond in writing to the Court Administrator.
    • The Court Administrator shall conduct an investigation into the allegations and shall issue a response within thirty (30) days from the date the complaint was received.
    • All fees shall be determined by the Court and included in the appointment order.
  • Unless otherwise provided by court order, referral of a case to parenting coordination stays a case until further notice.  The Clerk of Court shall not accept for filing any documents while a case is in parenting coordination with the following exceptions:
    • An objection to a parenting coordinator’s decision;
    • A motion to lift the stay;
    • A response to a motion to lift the stay;
    • An application to dismiss the case;
    • A notice related to counsel;
    • A motion for changes in the designation of the primary residential parent or legal guardian;
    • A motion for changes in the primary placement of a child.
36.08   Confidentiality and Privilege  

  • Except as provided by law, communications made as part of parenting coordination, including communications between the parties and their children and the parenting coordinator, communications between the parenting coordinator and other relevant parties, and communications with the court, shall not be confidential.  Except as provided by law, parenting coordination shall not be privileged.

36.09   Public Access  

  • The files maintained by a parenting coordinator but not filed with the clerk or submitted to a court shall not be available for public access pursuant to Rules 44 through 47 of the Rules of Superintendence for the Courts of Ohio.
36.10   Model Standards  

  • The Court and a parenting coordinator shall comply with the “Guidelines for Parenting Coordination” developed by the Association of Family and Conciliation Courts Task Force on Parenting Coordination.  Wherever a conflict exists between the Guidelines for Parenting Coordination and this local rule, this local rule shall control.
36.11   Court Reporting Requirements  

On or before February 1st of each year, the Court shall file with the Dispute Resolution Section of the Supreme Court all of the following:

  • A copy of this local rule;
  • A copy of the current roster of parenting coordinators;
  • A copy of each new or updated resume received by the court from a parenting coordinator during the previous year;
  • A copy of each list of continuing education training received by the court for each parenting coordinator.

36.12   Sanctions  

  • The Court may impose sanctions for any violation of this rule which may include, but not limited to, attorney’s fees and other costs, contempt or other appropriate sanctions at the discretion of the Court.

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