Haines v. Haines, 2015 Ohio 4299

Jessica and Rory Haines divorced in 2002 and later agreed to a parenting arrangement that was not a shared parenting plan; they have one child born in 2000.
Rory filed for shared parenting in 2006; temporary week-to-week residential parenting was ordered in 2007; an agreed shared parenting plan was approved in 2009.
In late 2013 and early 2014 Jessica withheld parenting time from Rory for several months after school incidents in which the child expressed severe anxiety and suicidal statements at school.
Both parents filed competing motions to terminate the shared parenting plan and to be named legal custodian; Rory also filed multiple motions to show cause for withholding parenting time.
A magistrate held a hearing, interviewed the child in camera, found a change in circumstances (including Jessica’s withholding of visitation and poor communication), terminated the shared parenting plan, named Rory legal/residential custodian, and found Jessica in contempt (awarding $900 in attorney fees).
The trial court adopted the magistrate’s decision; Jessica appealed, arguing that the custody change and contempt finding were against the child’s best interest and against the manifest weight of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether terminating the shared parenting plan and naming Rory legal/residential custodian was in the child's best interest	Jessica: Change not in child’s best interest and against manifest weight	Rory: Change warranted by change in circumstances (withholding of time, poor communication, child’s needs)	Court affirmed termination; no abuse of discretion — change in circumstances and best-interest factors supported designation of Rory
Whether Jessica was in contempt for withholding parenting time and subject to sanctions	Jessica: Her withholding was justified by child’s anxiety and safety concerns	Rory: Jessica willfully denied court-ordered parenting time; contempt appropriate	Court affirmed contempt finding and $900 attorney-fee sanction; withholding violated court orders and burden met by clear and convincing evidence

Blakemore v. Blakemore, 5 Ohio St.3d 217 (standard for finding abuse of discretion)
State v. Martin, 20 Ohio App.3d 172 (manifest-weight review standard)
State v. Thompkins, 78 Ohio St.3d 380 (manifest-weight standard discussion)
Eastley v. Volkman, 132 Ohio St.3d 328 (presumption in favor of trial-court factual findings)
Fisher v. Hasenjager, 116 Ohio St.3d 53 (termination of shared parenting requires change in circumstances and best-interest finding)
Windham Bank v. Tomaszczyk, 27 Ohio St.2d 55 (definition and purpose of contempt)
Cross v. Ledford, 161 Ohio St. 469 (definition of clear and convincing evidence)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (deference to trial court on witness credibility)
Davis v. Flickinger, 77 Ohio St.3d 415 (importance of deference to trial court in custody determinations)