FATHER HAD BEEN FOUND IN CONTEMPT TWICE
DECISION 08/22/2012. CONTEMPT 1. [sic.] FATHER'S FAILURE TO PLACE
MOTHER'S NAME TO ACCESS ON RECORDS ON AT LEAST TWO OCCASIONS.
CONTEMPT II FATHER'S FAILURE TO GIVE NOTICE OF INTENT TO RELOCATE.
O.R.C. ALLOWS RESIDENTIAL SCHEDULE CHANGES IF THE NONMOVING PARTY
IS FOUND IN CONTEMPT. AND [sic.] SECTION (C) ALLOWS MODIFICATION OF
CUSTODY IF THE NONMOVING PARTY IS FOUND IN CONTEMPT TWICE WITHIN
THREE YEARS. "T.P. 62." CAMBRIDGE COUNSELING CENTER TESTIMONY
FATHER DENIED MOTHER RECORDS ACCESS FOR WHICH THE FATHER WAS
FOUND IN CONTEMPT 08/22/2012 DECISION. THE FACT THAT THE MOTHER HAS
HAD TO REPEATEDLY JUMP THROUGH UNNECESSARY HOOPS, INCLUDING
FILING MOTIONS WITH TRIAL COURT TO OBTAIN PUBLIC RECORDS ACCESS IS
AN ABUSE OF DISCRETION; DOCKET REFLECTS MOTHER RECENTLY HAD TO
FILE A MOTION TO OBTAIN A CURRENT GAL AND PC LIST.
{¶25} "II. IT WAS ERROR AND AN ABUSE OF DISCRETION FOR THE TRIAL
COURT TO CONSISTENTLY REFUSE TO ABIDE BY THE BOTH ESTABLISHED
RULE OF LAW AND THE PRECEDENCE SET FORTH BY BOTH THE APPEALS AND
SUPREME COURTS OF OHIO. THE TRIAL COURT CITED OHIO CASE LAW ITSELF Guernsey County, Case No. 2012-CA-21 12
IN THE FINAL COMMENTS OF THE 08/22/2012 DECISION, DAVIS V. FLICKER:
[SIC.] THE LAW IS INTENDED TO PROVIDE STABILITY TO THE CUSTODIAL
STATUS OF CHILDREN.
{¶26} "III. IT WAS ERROR AND AN ABUSE OF DISCRETION FOR THE TRIAL
COURT TO FAIL TO FACTOR IN THE OVERWHELMING EVIDENCE THAT
DEMONSTRATED THE FATHER'S NEWLY ACQUIRED RESIDENTIAL STATUS HAD
IMMEDIATE NEGATIVE PSYCHOLOGICAL EFFECT ON THE CHILDREN. CLEAR
AND CONVINCING TESTIMONY WAS PRESENTED BY BOTH CAMBRIDGE
COUNSELING AND 12 YEAR OLD SON. O.R.C. 2151.41(D) LISTS THE FACTORS
WHICH THE COURT MUST CONSIDER, INCLUDING, BUT NOT LIMITED TO: (A)
THE INTERACTION AND INTERRELATIONSHIP WITH THE CHILD WITH HIS
PARENTS, SIBLINGS. THE CHILDREN REPEATEDLY STATED, EVEN IN OPEN
COURT THE MOTHER WAS THE CAREGIVER.
{¶27} "IV. IT WAS ERROR AND AN ABUSE OF DISCRETION FOR THE TRIAL
COURT TO CONCLUDE THERE WAS NO CHANGE OF CIRCUMSTANCES;
DESPITE THE PARENTS' TESTIMONY THE 7 YEAR OLD DAUGHTER REGRESSED
SO BADLY WHILE IN THE FATHER'S CARE AND RECUPERATING FROM A
TONSILLECTOMY THE CHILD TO MISSED AN ADDITIONAL THREE DAYS OF
SCHOOL. THE TREATING PHYSICIAN HAD ORDERED THE DAUGHTER TO
RECUPERATE ADDITIONAL DAYS DUE TO THE HARM THE CHILD EXPERIENCED
BY THE FATHER'S NEGLIGENT CARE, A MERE WEEK AFTER THE FATHER
OBTAINED CUSTODIAL STATUS 04/19/2012. THE TRIAL COURT HAD HEARD
EVIDENCE THAT THE FATHER AND HIS ROOMMATE SMOKED IN THE HOUSE Guernsey County, Case No. 2012-CA-21 13
WHERE THE CHILDREN RESIDED WITH THE FATHER; FATHER'S TESTIMONY
04/10/2012 HEARING "T.P. 36 AT 14."
{¶28} "V. IT WAS ERROR AND AN ABUSE OF DISCRETION FOR THE TRIAL
COURT TO REFUSE AND NEGLECT TO HOLD A HEARING FOR OVER TEN
MONTHS REGARDING THE 10/12/2011 MOTION FOR CONTEMPT, FILED AGAINST
THE FATHER EFFECTIVELY DENIED THE MOTHER HER CONSTITUTIONAL
RIGHTS AS A PARENT. THE TRIAL COURT DISREGARDED O.C.R. [SIC.] 2705.031
WHICH PROVIDES THAT A COURT: ...SHALL HAVE JURISDICTION TO MAKE A
FINDING OF