2017 Ohio 403
Ohio Ct. App.2017Background
- Roger and Cinthia Streidl divorced in 2007 and entered a shared parenting decree with obligations to confer on children’s health/education and to notify each other of appointments and extracurriculars.
- Multiple follow-up motions and agreed orders (notably Nov. 2012 and Sept. 2014) refined notice, consultation, and a "right of first refusal" for parenting time; the Sept. 2014 agreed order also provided that a party found in contempt must pay all reasonable attorney fees and costs incurred to enforce the order.
- Roger filed a motion to show cause (May–July 2015) alleging four contempt branches: (1) failure to notify of medical appointments; (2) failure to offer his right of first refusal when Cinthia was unavailable; (3) failure to notify/consult regarding extracurricular activities; and (4) denial of scheduled parenting time. He sought attorney fees.
- At the evidentiary hearing Roger testified (uncontradicted) that Cinthia scheduled orthodontic/medical/psychological appointments and enrolled children in extracurriculars without notifying or consulting him; Cinthia did not testify.
- The magistrate found Cinthia in contempt for medical-notice and extracurricular-notice violations, sentenced her to three days in jail, and allowed purge by payment of $2,870 (stipulated attorney fees and costs). The trial court overruled objections and affirmed. Cinthia appealed.
Issues
| Issue | Plaintiff's Argument (Streidl) | Defendant's Argument (Streidl) | Held |
|---|---|---|---|
| Contempt for failing to notify of medical appointments | Roger: Cinthia scheduled orthodontic/medical care (braces) and failed to notify him as required by decree and agreed order | Cinthia: Roger failed to prove when appointment was made and could have contacted provider; evidence insufficient | Court: Upheld contempt — undisputed that Cinthia made appointments, violated express notice/confer provisions; clear-and-convincing evidence supported contempt |
| Contempt for failing to notify/consult on extracurricular activities | Roger: Cinthia repeatedly enrolled children in activities without consulting or notifying him, violating agreed orders | Cinthia: Activities were beneficial and Roger did not show prejudice; unclear what violations occurred | Court: Upheld contempt — agreed orders required consultation/notice regardless of benefit; undisputed failures supported contempt |
| Contempt for failure to offer right of first refusal | Roger: Cinthia routinely worked weekends and never called to offer RF first refusal | Cinthia: Insufficient evidence about work status/timing to prove RF was triggered | Court: Denied contempt on this branch (magistrate/trial court); Roger did not prevail and did not appeal this denial |
| Award of attorney fees and costs for contempt enforcement | Roger: Fees incurred in prosecuting the show-cause motion and were reasonable; agreed order mandates fee-shifting for any contempt enforcement | Cinthia: Roger did not prevail on all branches and failed to apportion fees to winning issues, so she should not bear all fees | Held: Upheld fee award — Sept. 2014 agreed order required the contemnor to pay all reasonable fees/costs incurred to enforce the order; trial court did not abuse discretion in awarding stipulated fees |
Key Cases Cited
- Zakany v. Zakany, 9 Ohio St.3d 192 (civil contempt is within court's inherent powers)
- Cross v. Ledford, 161 Ohio St. 469 (standard for clear and convincing evidence)
- Moraine v. Steger Motors, Inc., 111 Ohio App.3d 265 (definition of civil contempt burden of proof)
- Planned Parenthood Assn. of Cincinnati, Inc. v. Project Jericho, 52 Ohio St.3d 56 (trial court may include attorney fees in civil contempt sanctions)
- AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157 (abuse-of-discretion standard explained)