2016 Ohio 5005
Ohio Ct. App.2016Background
- Georges Salloum and Noelle were divorced in Florida (2007); final decree addressed custody and child support for their child born 2008.
- Noelle and the child relocated to Lake County, Ohio; Salloum remained in Florida.
- In Feb. 2014 the parties filed a "Joint Stipulation To Transfer Venue" in Florida stating the reopened matter involved "limited issues related to the parties' minor child" and agreeing to transfer the action to an Ohio court; Florida court approved and "relinquished jurisdiction."
- Noelle registered the Florida dissolution in Ohio and moved to modify child support in Lake County Common Pleas; Salloum moved to dismiss, arguing Florida retained jurisdiction.
- Judge Falkowski (and magistrate Audi) denied Salloum’s dismissal motions, found the joint stipulation constituted written consent under R.C. 3115.48(A)(2) (now R.C. 3115.611) and held the Ohio court had authority to modify the registered support order.
- Relator sought a writ of prohibition in the Ohio Court of Appeals; the court denied the writ, granting respondents' motion for summary judgment because jurisdiction had been transferred to Ohio.
Issues
| Issue | Salloum's Argument | Respondents' Argument | Held |
|---|---|---|---|
| Whether written consent was filed in the Florida court so Ohio could assume continuing, exclusive jurisdiction to modify the child support order (R.C. 3115.48(A)(2)) | The stipulation only relinquished custody/parenting jurisdiction, not child support; it does not expressly reference support. | The stipulation broadly transferred "this action" and "limited issues related to the minor child," which reasonably includes all child-related issues, including support; parties consented in writing. | Court held the stipulation constituted written consent to transfer child-support authority to Ohio; respondents have jurisdiction to proceed. |
Key Cases Cited
- Davis v. Loopco Indus., Inc., 66 Ohio St.3d 64 (summary judgment standard in Ohio)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (standard for determining whether factual dispute requires trial)
- State ex rel. Hummel v. Sadler, 96 Ohio St.3d 84 (prohibition barred if court has general jurisdiction and lack of jurisdiction is not "patent and unambiguous")
- Rosen v. Celebrezze, 117 Ohio St.3d 241 (scope of declining jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act)