Hall v. Hall, 2017 Ohio 580

Allison Hall and Joshua Hall divorced; one child (born 2012). Allison filed for divorce in May 2014; temporary residential parent was Allison.
Both parents sought designation as the permanent residential and custodial parent of the minor child.
At trial, Allison testified about topics she discussed with the guardian ad litem (GAL); on direct she stated she had been raped nightly while they were together. The magistrate limited that testimony to what she told the GAL (not the truth of the rape allegation).
The GAL investigated, interviewed both parents, and recommended Joshua be designated residential and custodial parent; the GAL reported that Joshua described the incidents as occurring in a semi-conscious/sleep state and the GAL found no concern for the child.
The magistrate found Joshua more credible, adopted the GAL report, and designated Joshua residential/custodial parent. The trial court overruled Allison’s objections that the magistrate curtailed her ability to present/cross-examine evidence about the sexual-abuse allegations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Allison was denied due process by limitation on presenting evidence and cross-examining about sexual-abuse allegations	Magistrate improperly limited Allison’s testimony and cross-examination, denying a full and fair hearing	Trial court and magistrate allowed testimony about what was told to GAL, permitted cross-examining appellee and the GAL, and considered GAL report	Held: No due process violation. Testimony about what Allison told the GAL was permitted; cross-examination occurred; GAL report addressed allegations and magistrate considered it.

Shimko v. Lobe, 124 Ohio App.3d 336 (10th Dist. 1997) (due process guarantees an opportunity to be heard and confrontation/cross-examination rights)