Dobbins v. Evans
2012 Ohio 898
Ohio Ct. App.2012Background
- Dobbins and Evans are the unmarried parents of J.E. (born 2008).
- On Feb. 16, 2010, Dobbins sought visitation; hearing led to an Agreed Judgment Entry on Apr. 5, 2010.
- Agreed Judgment: Father shall have two weeks of companionship every two months, starting Aug. 2010, with halfway travel both weekends.
- Evans allegedly moved to North Carolina without notifying Dobbins; visitation disputes continued.
- Dobbins filed a motion for contempt on Apr. 7, 2011; hearing held Jun. 9–9, 2011; continued to July 6, 2011.
- Trial court nonewillful finding: July 8, 2011 judgment dismissed the contempt motion; appellate reversed on civil-contempt theory.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Evans is in civil contempt for visitation violation | Dobbins contends Evans refused to meet halfway as ordered. | Evans argues no willful disobedience occurred and disputes were communicative. | Trial court abused discretion; civil contempt established; remand. |
Key Cases Cited
- Pugh v. Pugh, 15 Ohio St.3d 136 (Ohio 1990) (civil-contempt elements and willfulness not required)
- Sansom v. Sansom, 2006-Ohio-3909 (10th Dist.) (indirect contempt defined)
- Wolf v. Wolf, 2010-Ohio-2762 (1st Dist.) (prima facie civil-contempt standard)
- Flowers v. Flowers, 2011-Ohio-5972 (10th Dist.) (clear and convincing evidence standard in civil contempt)
- Brown v. Executive 200, Inc., 64 Ohio St.2d 250 (1980) (civil vs. criminal contempt distinction)
- Windham Bank v. Tomaszczyk, 27 Ohio St.2d 55 (1971) (purpose of civil contempt; remedy through coercive compliance)
- Kilbane v. Kilbane, 61 Ohio St.2d 201 (1980) (distinction between civil and criminal contempt)
- Schaefer v. Schaefer, 2005-Ohio-3063 (2d Dist.) (contempt authority and historical roots)
- Celebrezze v. Gibbs, 60 Ohio St.3d 69 (1991) (appellate standard for abuse-of-discretion review)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard)