Montei v. Montei, 2013 Ohio 5343

Dissolved marriage in 2007; parties entered shared parenting with Wells as residential parent for school and Montei having parenting time; 2010 contempt and modification motions alleging alcohol/drugs, physical discipline, and denial of babysitting; April 2011 parties signed a modified shared parenting agreement (Ex. 6) proposing alternate weekly parenting and no child support; Wells later disavowed the agreement terms; GAL recommended ending right of first refusal and continuity of shared parenting was questionable; trial court in 2013 enforced the 2011 modification, terminated Montei’s child support, and designated Montei as residential parent for school; pages of the 2011 agreement were missing from the record, prompting appellate remand; Montei sought a stay of appellate proceedings which was denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court properly enforced the spring 2011 modified agreement	Wells did not agree to the terms; the agreement was incomplete	The parties signed a contract; exchange showed mutual intent to modify	Partially sustained; enforceability depended on complete statutory factors and missing pages; remanded for complete consideration
Whether the shared parenting plan addressed all statutory factors under RC 3109.04(G)	Agreement lacked several factors, including holiday scheduling	Terms sufficient to modify given best interests and change in circumstances	Reversed in part; remanded to address missing pages and complete statutory factors
Whether the court abused its discretion in modifying the residential parent for school purposes	No valid change in circumstances or best interest shown	There was a change in circumstances and continued shared parenting served child’s best interest	Affirmed as to finding change of circumstances and best interest; remand for complete plan incorporation
Whether the court properly considered the burden of proof on the modification	Wells should not bear burden to prove non-best-interest of modified plan	Court properly exercised discretion based on agreed modification and best interest	Overruled; record did not show improper burden shifting; affirmed on the point with remand for complete plan

Phillips v. Phillips, 2005-Ohio-231 (5th Dist. Stark Nos. 2004CA105 and 2004CA005) (settlement agreements are contract-like and binding when validly entered)
Continental W. Condominium Unit Owners Assn. v. Howard E. Ferguson, Inc., 74 Ohio St.3d 501 (1996) (contract/settlement enforcement; standard for review of enforcement)
Hasenjager v. Fisher, 116 Ohio St.3d 53 (2007-Ohio-5589) (change in custody requires change in circumstances and best interest findings)
Lepole v. Long John Silver’s, 11th Dist. Portage No. 2003-P-0020 (2003-Ohio-7198) (standard for reviewing enforcement of settlement agreements)
Phillips v. Phillips, 2005-Ohio-231 (5th Dist. Stark Nos. 2004CA105 and 2004CA005) ()