Hart v. Spenceley, 2013 Ohio 653

Hart and Spenceley married in 2005 and have a child born in 2007.
A 2009 divorce decree designated the mother as residential parent with the father having limited weekly and weekend parenting time, plus a midweek evening in non-football season.
In February 2011, the father filed contempt and modification motions; the mother filed a motion to modify child support and restrict parenting time.
A magistrate found mother in contempt on three occasions and awarded father $500 in fees/costs, and granted several parenting-time modifications to the father.
The trial court independently reviewed and sustained some objections, found mother in contempt on one occasion, awarded $100 in court costs, but denied attorney-fee recovery for the contempt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Proper scope of review of a magistrate's decision	Hart argues Civ.R. 53 requires de novo review with objections.	Spenceley contends only error of law on face of decision may be reviewed if objections are general.	Trial court may conduct independent review notwithstanding objections; affirmed.
Attorney fees in contempt proceeding	Hart asserts statutory entitlement to reasonable attorney fees awarded to the contemnor’s opponent.	Spenceley contends no fee evidence supports award; fees should be denied or limited.	Trial court properly denied attorney fees due to lack of evidence tying fees to the contempt; costs awarded.

Hartt v. Munobe, 67 Ohio St.3d 3 (Ohio Supreme (1993)) (trial court must perform judicial function and may not abdicate to magistrate)
Yanket v. Coach Builders Limited, Inc., 2007-Ohio-5126 (1st Dist. (2007)) (magistrate powers assist, not replace, trial court; independent review allowed)
In re C.P., 2011-Ohio-4563 (12th Dist. (2011)) (specific objections required; failure to file specific objections not fatal to independent review)
Rapp v. Pride, 2010-Ohio-3138 (12th Dist. (2010)) (reasonableness of attorney fees; evidence required to support amount)