Harrel v. Donovan
2016 Ohio 979
Ohio Ct. App.2016Background
- Mother appeals a Lorain County Domestic Relations decision affirming Father’s expanded visitation.
- 2012 divorce designated Mother as sole residential parent and custodian of two children, with a visitation plan for Father.
- Divorce decree required Father to indemnify Mother against camper-related debt; camper litigation later ensued.
- In 2014 Father sought expanded parenting time; Mother alleged a civil judgment and garnishment related to the camper matter.
- Magistrate granted Father expanded visitation and denied Mother’s contempt claim; trial court adopted the magistrate’s decision.
- Mother’s objections to the magistrate were denied by the trial court for lack of transcript; judgment was affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Change in circumstances required to modify parenting time? | Mother argues change in circumstances is required. | Father relies on non-shared-plan standard allowing modification without a change in circumstances. | No change in circumstances required; best interests standard governs. |
| Judicial notice of a civil judgment without transcript? | Mother contends trial court should take judicial notice of the judgment against her. | Father argues no need for transcript; court can take judicial notice of such facts. | Assignment overruled; proper procedure requires record transcript and limitations on judicial notice. |
Key Cases Cited
- Pirkel v. Pirkel, 2014-Ohio-4327 (9th Dist. Lorain 2014) (absent shared parenting, modify parenting time under R.C. 3109.051; no change in circumstances needed)
- Braatz v. Braatz, 85 Ohio St.3d 40 (Ohio 1999) (standard for modification without shared parenting plan)
- Gunderman v. Gunderman, 2009-Ohio-3787 (9th Dist. Medina 2009) (change of circumstances required in shared parenting situations)
- King v. Carleton, 2013-Ohio-5781 (9th Dist. Lorain 2013) (best interests standard governs without change-in-circumstances requirement)
- In re J.C., 2010-Ohio-637 (9th Dist. 2010) (trial court may take judicial notice only of proceedings in the immediate case)
- State v. Campbell, 2011-Ohio-5433 (9th Dist. Medina 2011) (transcript requirement and procedural restraints on appellate review)