(A) All actions seeking the allocation of parental rights, including custody, visitation or companionship with a child shall be initiated by sworn complaint, or in preexisting cases by motion, and pursuant to Ohio Revised Code Section 3127.23 shall be accompanied by a Parenting Proceeding Affidavit as designated in this rule. The opposing party or parties shall also file the required affidavit with any responsive pleading or motions or, if no such pleading or motion is filed, no later than fourteen (14) days prior to the first assigned hearing date.
In the event a person files the Parenting Proceeding Affidavit as approved by the Supreme Court and the filer requests to have the address of the filer, the child(ren) or both be confidential and to have the information sealed pursuant to R.C. 3127.23(D), the person shall also file a narrative affidavit detailing specific reasons how and why the disclosure of identifying information would jeopardize the health, safety or liberty of the party or the child(ren). Upon the filing of such a narrative affidavit, the clerk shall seal the affidavits required by this rule pursuant to R.C. 3127.23(D) until further order of the court.
All pleadings filed with the Court must contain the name of the Court, proper style of the case and number, the Judge and Magistrate to whom the case is assigned, and the name, Ohio Supreme Court registration number, address, and telephone number of the attorney filing the pleading. Further, all pleadings filed with the Court must be on letter size paper, approximately 8 ½” x 11”, and if typed, in no less than 12 point font.
(B) A social investigation concerning the best interests of any child or children may be conducted by the Family Assessment Department in abuse, neglect and dependency cases.
(C) Pursuant to Juvenile Rule 32(D) the court may order a social investigation following the filing of a complaint requesting the allocation of parental rights and responsibilities or a writ of habeas corpus, or the filing of a motion to modify the allocation of parental rights and responsibilities. Prior to ordering a social investigation the court may refer the parties to mediation.
(D) The Judge or Magistrate may require motions for temporary orders to be submitted and determined without oral hearing upon affidavits in support or opposition.
(E) In actions for custody / visitation, discovery shall be conducted in accordance with Ohio Rule of Juvenile Procedure 24, except that the parties are granted leave of court to take and use depositions as provided in Ohio Civil Rules 27 through 32, and to require the production of documents as provided in Ohio Civil Rule 34.
(F) Any motion requesting ex parte or emergency orders related to custody or parenting time (collectively referred to as “parental rights”) are strongly discouraged. However, there are certain limited circumstances where such motions may be considered necessary and may be considered by the Court. Ex parte or emergency motions related to parental rights may only be made if there is also filed and pending before the Court an accompanying complaint or motion to address matters related to parental rights (excluding motions related solely to child support).
The Court will only issue such an order if it is supported by sworn testimony in open court that irreparable harm to the child(ren) will occur unless immediate action is taken. Examples of irreparable harm include, but are not limited to, physical abuse, bodily injury, medical neglect or exposure to domestic violence in the other party’s household. Irreparable harm DOES NOT include: the need to enroll the child(ren) in school, the need to obtain an initial custody order, missed visits or parenting time, refusal to return the child(ren) following visitation, and the need to obtain non-emergency medical treatment.
A motion for ex parte or emergency relief shall include an affidavit of the moving party that clearly states with particularity: (1) what efforts the movant took to provide opposing counsel, the guardian ad litem and/or self-represented parties with notice of the movant’s intent to file the motion so that all parties and counsel may be present at the time of hearing; (2) what circumstances cause the movant to believe that an emergency situation exists; (3) what the harm to the child is or what harm would likely occur if the motion were not granted; and (4) what efforts the movant took to resolve the matter prior to filing the motion .
The Court reserves the right to review all motions and accompanying affidavits at the time of filing and summarily deny a motion for an emergency or ex parte order prior to hearing if the affidavit does not meet the foregoing standards or on its face does not describe an actual emergency or alleged irreparable harm that can only be addressed by an ex parte or emergency order. A motion may also be denied or delayed for further hearing if the Court determines that a good faith effort to notify counsel or self-represented parties has not been made.
The hearing on the emergency or ex parte motion shall be scheduled before the assigned Judge. If the assigned Judge is not available, it may be heard by the Duty Judge. If emergency or ex parte relief is granted, a review hearing may be scheduled within 45 days before the Judge or Magistrate assigned to the case, at the discretion of the Judge, at the time the order is granted.
If the Court learns at any time that the movant’s statements were untrue or purposefully inaccurate so as to mislead the Court, that party may be subject to sanctions, including, but not limited to, a dismissal of their action, an award of attorney fees and expenses to the opposing party(ies), and/or a contempt citation. Filing fees shall be charged in accordance with the fee schedule as set forth in these rules.
(G) Orders allocating parental rights, including shared parenting decrees, shall include the following notices:
RELOCATION NOTICE: Pursuant to Ohio Revised Code Section 3109.051(G), the parties hereto are hereby notified as follows:
IF THE RESIDENTIAL PARENT INTENDS TO MOVE TO A RESIDENCE OTHER THAN THE RESIDENCE SPECIFIED IN THE PARENTING TIME ORDER OR DECREE OF THE COURT, THE RESIDENTIAL PARENT SHALL FILE A NOTICE OF INTENT TO RELOCATE WITH THIS COURT, ADDRESSED TO THE ATTENTION OF THE RELOCATION OFFICER. UNLESS OTHERWISE ORDERED PURSUANT TO O.R.C. SECTIONS 3109.051(G)(2), (3), AND (4), A COPY OF SUCH NOTICE SHALL BE MAILED BY THE COURT TO THE PARENT WHO IS NOT THE RESIDENTIAL PARENT. UPON RECEIPT OF THE NOTICE, THE COURT, ON ITS OWN MOTION OR THE MOTION OF EITHER PARTY, MAY SCHEDULE A HEARING WITH NOTICE TO BOTH PARTIES TO DETERMINE WHETHER IT IS IN THE BEST INTEREST OF THE CHILD TO REVISE THE PARENTING TIME SCHEDULE.
RECORDS ACCESS NOTICE: Pursuant to Ohio Revised Code Sections 3109.051(H) and 3319.321(B)(5)(a) the parties hereto are hereby notified as follows:
EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND SUBJECT TO O.R.C. SECTIONS 3125.16 AND 3319.321(F), THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS TO ANY RECORD THAT IS RELATED TO THE CHILD, UNDER THE SAME TERMS AND CONDITIONS AS THE RESIDENTIAL PARENT, AND TO WHICH SAID RESIDENTIAL PARENT IS LEGALLY PROVIDED ACCESS. ANY KEEPER OF A RECORD WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER IS IN CONTEMPT OF COURT.
DAY CARE CENTER ACCESS NOTICE: Pursuant to Ohio Revised Code Section 3109.051(I), the parties hereto are hereby notified as follows:
EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND IN ACCORDANCE WITH O.R.C. SECTION 5104.011, THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS TO ANY DAY CARE CENTER THAT IS OR WILL BE ATTENDED BY THE CHILD WITH WHOM PARENTING TIME IS GRANTED, TO THE SAME EXTENT THAT THE RESIDENTIAL PARENT, IS GRANTED ACCESS TO THE CENTER.
SCHOOL ACTIVITIES NOTICE: Pursuant to Ohio Revised Code Section 3109.051(J), the parties hereto are hereby notified as follows:
EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND SUBJECT TO O.R.C. SECTION 3319.321(F), THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS, UNDER THE SAME TERMS AND CONDITIONS AS THE RESIDENTIAL PARENT, TO ANY STUDENT ACTIVITY THAT IS RELATED TO THE CHILD AND TO WHICH THE RESIDENTIAL PARENT OF THE CHILD LEGALLY IS PROVIDED ACCESS. ANY SCHOOL EMPLOYEE OR OFFICIAL WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER IS IN CONTEMPT OF COURT.
(H) All agreed entries for shared-custody must be acknowledged on the record before either a judge or magistrate. This does not include agreed entries modifying a previously filed entry for shared-custody or co-custody.
(Amended effective July 1, 1990; 1/1/00; 10/1/04; 10/25/2010; 6/30/2014; 1/14/19; 10/01/2022)