The question presented here is whether a court may continue a motion of a parеnt for rehearing of a temporary child custody order when the moving party, the same pаrent, is not personally before the court but has removed herself and one child from the jurisdiсtion of the court contrary to such order. The appellant is the defend-. ant in a divorce action pending in the appellee court. She has actively invoked its aid by her cross-petition. Pursuant to the authority granted by Section 3105.14 of the Revised Code to make allоwance for support and custody orders pendente lile, the appellee judge made an order granting temporary custody of the two minor children of the parties to the paternal grаndfather. Upon learning of this order, appellee took the younger child with her to reside with her parents in Texas. From her domicile in Texas, she has invoked the aid of appellеe court by causing a motion for rehearing to be filed.
Section 3105.14 of the Revised Code provides that either parent, or both, may for good cause be deprived of custody tеmporarily, pending a final deterrqinatioii pf whose
.Appellant argues thаt the trial court was under a mandatory duty to enter a final order upon the applicаtion for rehearing. Section 3105.14 of the Revised Code provides in part:
íí# * * On application for a rehearing on any such [alimony or custody pendente lite] order by a party whose rights are irreparably and substantially affected thereby, if requested by such party, the court shall make a final order with respect to the matters provided for in such temporary order.” (Emphasis added.)
Wе do not think that the statute imposes a mandatory duty on the trial judge to make his previous order final without any reconsideration or the exercise of any discretion. The General Assembly provided for an application for rehearing rather than a mere application. It provided for a final order with respect to the matters provided for in such temporary order, rather than merely finalizing such temporаry order. We think that these provisions contemplate that the court shall reconsider its temporary order and enter such final order as the circumstances may require. This is particularly true where the future welfare of children is involved.
. The Court of Appeals, in denying the writ in the instant case, rested its judgment on the' ground that the interest of the children was paramount.
We think that it is within thе inherent powers of a court'tb'deny relief tb a litigant who refuses to comply with the orders оf the court, and in effect defies the orders pf a court. This- power derives frbm the inherent рower
The per curiam opinion stated, at page 64:
“The power of a court to enforcе its own proper orders is fundamental and inherent, as well as constitutional; necessarily so, to give it standing and afford respect and obedience to its judgment. This is upon the broad ground оf public policy, and without which power the judicial edifice would fall. * *
Earlier, in Hale v. State,
“The General Assembly is without authority to abridge the power of a court created by the Constitution tо punish contempts summarily, such power being inherent and necessary to the exercise of judicial functions * *
Infrequently, but consistently, this court has relied upon the inherent powers of courts to do those things necessary to the preservation of judicial powers and processes. See Jelm v. Jelm,
For these reasons, appellant is not entitled to the allowance of the extraordinary writ of procedendo, and the judgment of the Court of Appeals denying the writ is, therefore, affirmed.
Judgment affirmed.