Walter v. Liu
951 N.E.2d 457
Ohio Ct. App.2011Background
- Liu and Walter married in 2002; twins born in 2004; Walter filed for divorce in 2006.
- Liu and the children relocated to Hong Kong, returning to New Jersey by 2007; Ohio final divorce judgment issued in 2008 with Liu awarded primary residential custody while residing in New Jersey.
- Liu sought to register the Ohio divorce in New Jersey and obtain permission to travel the children to Hong Kong for her wedding.
- New Jersey court denied Liu’s request to set standards for future foreign travel, cautioning that setting standards would modify the Shared Parenting Plan and constitute advisory opinions.
- New Jersey ordered mediation on the issue of future foreign travel; Liu later filed motions in Ohio to declare Ohio inconvenient and to relinquish jurisdiction to New Jersey.
- Ohio trial court denied Liu’s motion; Liu appealed and also moved for relief from judgment and reconsideration; the appeal was timely filed and the case proceeded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ohio was an inconvenient forum | Liu argues Ohio is inconvenient under R.C. 3127.21 and NJ is more appropriate. | Walter contends the trial court properly weighed all factors and retained jurisdiction was not an abuse. | Trial court did not abuse discretion; Ohio not inconvenient. |
| Whether Civ.R. 53 was violated by no magistrate decision | Liu claims failure to obtain magistrate’s decision and objections violated Civ.R. 53. | Walter notes stipulation allowed decision without evidentiary hearing, Civ.R. 53 inapplicable. | No Civ.R. 53 violation; matter decided without a magistrate. |
Key Cases Cited
- In re D.H., 2007-Ohio-4069 (Ohio) (abuse-of-discretion standard for custody jurisdiction)
- Bowen v. Britton, 84 Ohio App.3d 473 (Ohio App. 1993) (reasonable-exercise-of-discretion standard)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio) (abuse of discretion requires more than error of law)
- Rosen v. Celebrezze, 117 Ohio St.3d 241 (Ohio) (UCCJEA aims to avoid competing state custody jurisdiction)
- Arnold v. Bible, 2004-Ohio-4998 (Ohio App. 2004) (Civ.R. 53 governs magistrates’ decisions and objections)