Tammi Fisse 2010 Descision

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Donald Joseph Fisse, Jr.

COURT OF COMMON PLEAS

DIVISION OF DOMESTIC RELATIONS

HAMILTON COUNTY, OHIO

Case No: DR0600779 POST

File No: E229103

Plaintiff

CSEA: 7043799118

-vs-

Tamatha Lynn Fisse

Defendant

MAGISTRATE S DECISION

\VITH FINDINGS OF FACT

AND CONCLUSIONS OF L W

Judge Susan Laker Tolbert

Magistrate Meyers

An Entry, captioned General Order

of

Reference which is a matter

of

record in this

Court, provides . . . that all matters be and are hereby referred

to

a Magistrate in accordance

with Rule 53

of

Ohio Rules

of

Civil Procedure''.

On June 13, 2008 Defendant (hereinafter Wife) filed a Motion To Amend; Motion For

Psychological Evaluation. On August 14, 2008 Plaintiff (hereinafter Husband) filed a Motion

For Make Up Parenting Time; For Contempt Against Defendant; To Dismiss Defendant's

Motion For Psychological Evaluation; To Change The Children Exchange Site, And For

Attorney Fees. On October 20, 2008 Husband filed a Motion To Modify Parenting Time, Child

Support And Health Insurance Obligation; To Apply The Miscellaneous Provisions f The

Standard Parenting Order; And For

n

Order Requiring The Paiiies To Return The Children's

Clothing During The Children Exchange.

The hearing on all

of

the above motions took place on October 30, 2008 and on March 9

April 14, July

10

August 3, September

14

and December 7, 2009. Both parties were present in

comi and represented by counsel on each

of

those hearing dates.

Based upon the evidence presented at the hearing and upon due consideration of the

applicable law, the decision of the magistrate

is as

follows:

FINDINGS OF FACT

1.

The man-iage

of

the paiiies was terminated pursuant to the Decree

of

Divorce ( the

Decree ) entered by the court on July 24, 2007. Wife was designated the residential parent and

legal custodian

of

Cameron Liv (doh August

3

2003) and Levi (doh March

4

2005). Husband



was granted parenting time with the children on alternating weekends from Friday after work

until Sunday evening at 6:00 P .M. and every Tuesday and Thursday evening after work until

8:00 P.M. The designated exchange site at the end o Husband's parenting time periods is the

Mt. Healthy Police Station.

2

Both patiies have moved to Butler County, Ohio since the Decree was placed o

record. Both seek a location other than the Mt. Healthy Police Station at which to exchange the

children when the exchange does not occur at Wife's place

o

employment. However, the high

level

o

conflict which pervades their relationship prevents the parties from reaching what should

be merely a common sense agreement. Wife is opposed to the exchange o the children at a

police station and would like the exchanges to take place in the Kroger parking lot in Liberty

Township. That location is less than one mile from her residence. Security guards patrol and

cameras surveil the parking lot. Husband believes himself to be the victim

o

a false civil

domestic violence charge filed against him by Wife in May, 2008 which, before its dismissal,

resulted in the issuance

o

an ex parte protection order which prevented him from seeing the

children for a five week period. Husband would prefer that the exchange o the children take

place at the Momoe Police Department parking lot, a well lit location which also features

security cameras. He contends that traffic volume in the Kroger parking lot presents a potential

dm1ger

to the children.

3 The proposed exchange site presented by each paiiy is much more convenient and

accessible to each party as opposed to a commute

o

thitiy minutes or longer to the Mt. Healthy

Police Station. And while any police station is certainly not a desirable location to exchange

children at the commencement or termination o parenting time periods, the unwillingness or

inability

o

the patiies to put aside their personal animosity toward one another even long enough

to effectuate a pleasant exchange o the children warrants the continued exchange o the children

at the Mourne Police Department parking lot. As pointed out by Edward Connor, Psy.D. in his

testimony, an exchange

o

children at a police station should be avoided at all costs, but, in some

cases, such as when false allegations require an extra layer o protection, it may be necessaiy.

This is, unfo1iunately, such a case.

4

The parties stipulated at the October 30, 2008 hearing to undergo individual

psychological evaluations and the procedure by which the psychologist who would perform the

evaluations would be selected, rendering moot Wife's Motion For Psychological Evaluation.

2



5 Husband missed at least ten weekday and two weekend parenting time periods with

the children during the pendency o the civil domestic violence action filed by Wife in May,

2008. His petition was dismissed after a full hearing before a magistrate in Butler County. In

her Decision And Order following Wife's objection to the magish·ate's decision Judge Kennedy

wrote that a review o the transcript demonstrated no act o domestic violence had occurred and

that the evidence had demonstrated that Wife had made false allegations o sexual abuse against

Husband. Judge Kennedy went on to indicate a continuation

o

such conduct on the paii

o

Wife

could result in the children being emotionally abused.

6 The matter was referred to the Department o Parenting Services by the undersigned

magistrate

on

October 31, 2008. In her Parenting Services Post - Decree Parenting Time Report

completed on December 22, 2008 Anne Galluzzo, MSW noted as follows:

On December 17, 2008, parent-child interviews were conducted.

Both children were seen with each parent, then Cameron was

interviewed separately. Due to Levi's young age, he was not

interviewed alone. Mr. Fisse brought the children to the

appointment. Cameron was reluctant to leave his side when it was

time for the children to be seen with their mother in the office.

Cameron acted somewhat wary o her mother then became more

comfortable with her in the office. Ms. Fisse prompted the

children throughout the interview on several occasions concerning

problems at Mr. Fisse's home, scratches by Mr. Fisse's dog on

Cameron's face, reportedly scary stories at father's home, and the

children's safety while living with Taylor. Ms. Fisse asked that the

children show this worker their facial scratches from Mr. Fisse's

dog The children were silent. Ms Fisse pointed out the scratches

on Cameron's and Levi's faces and noted that she had taken the

children to the pediatrician concerning them the day before. (She

reported that the pediatrician did not recommend any treatment,

only made a general comment that the children be supervised

around the dog). When Ms Fisse asked Cameron to tell about

scary stories at her father's home, Cameron covered her face with

her hands, then crawled under this worker's chair and would not

speak. She appeared very uncomfortable and unwilling to supply

details at her mother's request. When Cameron was asked in the

individual interview

i

she is scared o anything at either home, she

said she sometimes gets scared at her father's home because o

strange noises when she walks up the stairs. This worker asked

what she would do i she were afraid at her Daddy's house and

Cameron said she would tell her father. She added spontaneously.

He would protect me. When Cameron was interviewed

separately, she shared no complaints o either parent or Taylor.

3



When asked to draw a picture o her family, she drew members o

her family in the following order: her mother, father, herself, Levi,

and Maddie (Kristin Benedict's daughter). When Mr. Fisse was

seen with the children, the children and their father entered into an

imaginary play situation on the floor o the office. Cameron

appeared animated and made eye contact often and said Daddy,

many times. Levi was fully engaged in imaginary play with his

father and sister. Following the interview, Ms. Fisse called this

worker and expressed concern about the interview. She suspected

the children had been coached by their father and therefore, had

acted distant from her.

7.

In her testimony on March 9 2009 Ms. Galluzzo credibly and convincingly testified

that Husband is equally or more capable

o

parenting Cameron and Levi and that spending

additionally time with Husband would be in their best interest. Her conclusions and

recommendations were based primarily on her observations

o

the children and their interactions

with each parent. Compensat01y parenting time and a modified parenting time schedule granting

Husband additional parenting time with the children are found to be in the best interest o

Cameron and Levi Fisse.

8. The Decree requires Wife to seek therapy and participate in a medication evaluation

with a psychiatrist to address her emotional issues. Wife acknowledged that she has complied

with neither the requirement that she seek therapy nor that which requires a medication

evaluation by a psychiatrist. The need for therapy was again emphasized to Wife in the

psychological evaluation performed by Dr. Connor who noted issues which should be addressed

in psychotherapy with a well-seasoned mental health professional who is not swayed or

emotionally seduced by her clinical presentation. Wife 's stated reason for her failure to comply

with the comt order was her own self-serving declaration that she could not afford to do so.

Wife presented no persuasive evidence to support that contention.

9.

Husband's Motion To Dismiss Defendant's Motion For Psychological Evaluation was

rendered moot as a result

o

the parties' stipulation entered at the October 30, 2008 hearing

to

undergo individual psychological evaluations.

10. Prior to commencement o the March 9 2009 hearing Husband requested to

withdraw his motion seeking modification o the child suppo1t and health insurance obligations

as well as his motion requiring the paities to return the children's clothing at the conclusion

o

eve1y

parenting time period.

4



11. Wife acknowledged in her written closing argument that she has no objection to the

Court including in any revision

o

the parenting time order the Miscellaneous provisions

o

the

Standard Parenting Order which has been adopted by the court.

12. Despite Wife s assertions to the contrary, the children enjoy and benefit from a close

relationship with their father. \Vife claimed that the conduct

o

the children includes yelling,

screaming, trying to harm each other, fear o going to sleep, nightmares and, in the case o Levi,

wetting the bed, violent temper tantrums, speech problems, and inappropriate sexual behavior

with his pre-school teachers, Wife, and Cameron. Such behaviors are blamed on Husband s care

and treatment o the children despite the fact that they occur much more frequently when the

children are in the presence o Wife. Given the fact that Wife has failed to comply with the order

o

this court and the recommendation

o

Dr. Connor that she pursue therapy in order to address

her emotional issues, there

is

no basis whatsoever within the record to supp01i her contention. In

the absence o any evidence indicating the results o a therapeutic relationship between Wife and

a family therapist, this magistrate is unwilling to accept Wife s conclusion that the children s

inappropriate and unusual behaviors are the by products o their relationship with Husband. The

children also enjoy close relationships with their half-sister Taylor as well as their stepsister

Mandy and stepmother, Kristin. Much

o Wife s testimony was contradicted by her own

witnesses, who observed the loving response o the children to Husband when he picks them up

at the day care center and who had not observed the aggressive and fearful behavior

o

the

children described by Wife.

13. No evidence was presented indicating that the children are not equally well adjusted

to each o their parents homes. While Wife contends that the children are demonstrating

adjustment issues at school, no persuasive evidence was presented indicating that those issues are

attributable to their relationship with Husband.

14. Despite undergoing two surgical procedures in late 2008, Wife appears to be in good

overall physical health. No evidence indicated that the physical health

o

Husband or either

o

the children is a pertinent factor in determining the parenting time issues addressed herein. Both

parents have numerous mental health issues, noted by Dr. Connor in his psychological

evaluations

o

the paiiies (See Defendant s Exhibit

G .

Husband followed the recommendation

o Dr. Connor and took a class addressing stress management and empathy issues. Wife has yet

to participate in the psychotherapy recommended by Dr. Connor. Despite the issues which

5



prevent both Husband and Wife from being better parents, the immediate health and safety of the

children are not threatened when in the custody of either parent.

15. Wife has demonstrated an unwillingness to reschedule Husband's missed parenting

time. While she did offer compensatory time

to

Husband for parenting time missed

due

to

her

hospitalization in 2008 (when she should have offered the right of first refusal), Wife has

adamantly declined to allow compensatory time to Husband for parenting time periods missed

during the pending of the civil domestic violence action and for periods missed during his

father's final illness.

t

is noted, however, that Wife cannot be found in contempt for denying

Husband parenting time while the ex parte civil protection order remained in effect as that valid

court order prohibited contact between Husband and the children during that period and the

Decree makes no provision for compensatory parenting time under similar (or any)

circumstances.

16. Based upon Ms. Cook's billing rate of 250.00 per hour, Husband had incurred

reasonable and necessary attorney fees in the amount

of

11,092.50 thru July

14

2009. Of that

amount, 2,350.00 was incurred relating to Husband's claims of contempt regarding the denial of

his parenting time during the pendency of the domestic violence action, Wife's failure to

undertake therapy and a medication evaluation, and n obtaining a continuance of the initial

hearing which had been scheduled by Wife's attorney without consulting with Husband's

counsel.

ON LUSIONS OF

L W

1.

In establishing a specific parenting time schedule and in determining other parenting

time matters, the trial court shall consider the factors set

fo1ih

in O.R.C. 3109.051 (D)(l) through

(16). Modification of previous parenting time orders to the extent set forth is found to be in the

best interest

of

the Fisse children.

2. A person guilty of disobedience of or resistance to a lawful court order is subject to

being punished for contempt. 0.R.C. §2705.02. Wife has failed without good cause to comply

with the orders of this court regarding her participation in therapy and undergoing a medication

evaluation by a psychiatrist.

3. The movant in a contempt proceeding must demonstrate that a violation of a court

order has occurred by clear and convincing evidence. See Pugh v. Pugh (1984), 15 Ohio St.3d

136, 472 N.E.2d 1085; Arcuri v. Arcuri (Nov.

3

2000),

l

Dist. No. C-990802; Barnard

v.

6



Kupoin (Sept. 10, 1999), st Dist. Nos. C-980360 and C-980400. Husband has met this standard

of proof with regard to Wife's failure to participate in therapy and obtain a medication evaluation

by a psychiatrist.

4

n

any post-decree motion or proceeding that arises out

of

an action for divorce,

dissolution, legal separation, or annulment of marriage or an appeal of that motion or proceeding,

the court may award all or part of reasonable attorney's fees and litigation expenses to either

party if the court finds the award equitable In determining whether an award is equitable, the

court may consider the parties' income, the conduct of the parties, and any other relevant factors

the court deems appropriate but it may not consider the parties' assets. 0.R.C. 3105.73(B).

DE ISION

1 Wife Motion To Amend and Husband's Motion To Change The Children Exchange

Site are found well taken and granted. Pending further order

of

the Court, any exchange

of

the

children which does not take place at the children's day care center during its normal house

of

operation shall take place in the Monroe Police Department parking lot.

2 Wife's Motion For Psychological Evaluation and Husband's Motion To Dismiss

Defendant's Motion For Psychological Evaluation have been rendered moot.

3. Husband's Motion For Make-Up Parenting time is found well taken in part and

granted in part. In order to provide stability and a regular routine and schedule for Cameron and

Levi in the immediate future, compensatory time requested by Husband and awarded herein shall

be merged into the additional parenting time awarded to Husband herein.

4 Husband's Motion For Contempt is found well taken and granted. Wife is found in

contempt for her failure to engage in therapy and to obtain a medication evaluation as required

by the Decree of Divorce. Wife is sentenced

to

30 days in the Hamilton County Justice Center.

That sentence is stayed indefinitely pending Wife's compliance with the following purge

requirement.

Wife may purge herself of the contempt and avoid imposition of the 30 day sentence by

commencing a therapeutic relationship with a licensed clinical psychologist within 30 days

of

entry of this decision and by continuing that relationship until it is deemed no longer necessary

or beneficial by the treating psychologist; by having a medication evaluation done by a

psychiatrist within 30 clays of entry of this decision; and by paying to Husband the sum of

7



1,000.00 as and for contribution toward the reasonable and necessary attorney fees incurred by

Husband in this matter no later than six months after entry of this decision.

f

purged, Wife must provide documentary proof of her full compliance to counsel for

Husband no later than July 31, 2010.

f

such proof is not timely provided, counsel for Husband

shall immediately place this matter on the docket of Judge Susan Laker Tolbert for imposition of

the 30 day sentence. Husband shall assume physical custody of Cameron and Levi Fisse during

any period of Wife's incarceration.

5.

To the extent not granted herein, Husband's Motion For Attorney Fees is found not

well taken and denied.

6.

Husband's Motion To Modify Parenting Time is found well taken and granted.

Commencing February 1 2010 Husband shall be granted parenting time with the minor children

of the parties pursuant to Schedule D, as modified, of the Standard Parenting Order adopted by

this comi, a copy of which is attached hereto and incorporated herein by reference.

7. Husband's Motion To Modify Child Support And Health Insurance Obligation is

dismissed at the request of Husband.

8. Husband's Motion For n Order Requiring the Parties To Return The Children's

Clothing During the Children Exchange is dismissed at the request ofHusband.

Copies

of

this Decision have been mailed to the parties or their counsel. Objections to

this Magistrate's Decision must be filed within fourteen (14) days of the filing date of the

Magistrate's Decision with a copy served on the opposing side.

Copies sent by Clerk ofCou1is to:

Cathy

R.

Cook, Esquire, Attorney For Plaintiff

114 East Eighth Street

Cincinnati, Ohio 45202

Rebecca

J.

Allf, Esquire, Attorney For Defendant

11230 Cornell Park Drive

Cincimiati, Ohio 45242

8

01/22/2010



Entry Adopting l\Iagistrate s Decision

Pursuant of Ohio Civil Rule 53, the Court hereby adopts the .Nlagistrate s Decision. Ho\vever, pursuant to that rule, the timely

filing and serving

of

objections to the Magistrate s Decision, or the timely filing and serving

of

any civil post-judgment motions

pursuant to Appellate Rule

4

shall operate

as

an automatic stay

of

execution

of

the judgment until the Court disposes

of

such

objections or motions by vacating, modifying, or affirming same. A PARTY

SHALL

NOT ASSIGN AS ERROR ON

APPEAL THE

COURT S ADOPTION

OF ANY FINDING OF FACT OR CONCLUSION

OF

LAW UNLESS

THE

PARTY

TIMELY

AND

SPECIFICALLY OBJECTS

TO

THAT FINDING

OR

CONCLYSION

AS

~ f : Q U I R E D

BY

OHIO

CIVIL RULE 53(D)(3)(b). .

;J

J [ . ~ ~ ~ ~ i j f ;

C01nmol}·Fle s

D B o m e s t i < J d a t io n s

. /

9



ALLOCATION

OF PARENTAL RIGHTS

AND

RESPONSIBILITIES PARENTING SCHEDULE FOR

HAMILTON COUNTY COURT OF DOMESTIC RELATIONS

ENTER:

JUDGE/MAGISTRATE

PLAINTIFF/ PETITIONER ' DATE:

CASE NO.

AND

FILE

NO.

DEFENDA NT/ PETITIONER /

CSEA

No.

JuDGE

ST ND RD

P RENTING ORDER

During and after a divorce, there is often a crisis period (from several months to years) during which families are under great

stress because

of

loss, conflict and change. Most studies show, and psychologists uniformly agree, that the children who do best

following divorce are from families which maintain a low level of conflict. The absence

of

conflict is even more critical tharthe amou

of time either parent spends with the child.

However, children clearly profit by continued meaningful exposure to both parents. Children need the continuing and regula

involvement

of

both parents

to

feel loved. No specific schedule will saisfy the change in needs

of

both children and parents over the

years. Critical to the success

of

any schedule

is

that each parent be flexible based upon the changing needs

of

a child as the child grow

older.

This court order takes into account the changing developmental needs

of

children. I t is recognized that each situation and eac

child

is

different, and it

is

preferred that parents tailor the parenting schedule to meet the specific needs of their children.

A good parenting plan developed for a family should be based upon the following considerations:

1. The developmental needs and age of each child

2.

The psychological attachments

of

each child

3. The way the child-rearing tasks were shared during the marriage

4. The preservation or development of a close relationship with each parent

5. A consistent and predictable schedule that minimizes the transition between the households

6. Each child's temperament and ability

to

handle change

7. Parents' career demands and work schedules

8.

The need for periodic review

of

the plan, noting trouble signs and revising

as

each child's needs and circumstances change

f parents have not filed with the Court their own agreed written plan, for good cause shown, the following schedule of parent

time (court order

in

boldface print) is hereby ordered:

1. TERMINOLOGY:

For

purposes

of

this

order V J ~ ~ o ~ 1 ~ · ~ f ~ 1

is designated the residential

parent

a

fY l f11t1L is designated the non -residential parent.

For purposes of a Shared

Parenting

Plan, \Vherever residentia l

parent

appears, the nan1e of

shall be substituted as if re\vrittcn, and \vhcrever non-residential

parent

appears, the name of

shall be substituted as if rewritten. For purposes

of

the following parenting schedule,

week

l

is

considered to

be

the first full

week of each calendar

year

with Monday regarded as the first day of the week.

PARENTS WITH CHILDREN IN MORE THAN

ONE

AGE GROUP:

The policy

of

the following time allocation

is

to provide a schedule which

is

best suited for the

particular

age

of that

child(ren).

When a family has children

in

more than one age group, the parents should either

adapt

the schedule

to fit

the needs of each ch

or

follow Schedule C.

2. WEEKLYSCHEDULE

Basic Principles: Birth to Five Years

i Particularly \Vith very

young

children, the

more

frequently the norrresidential parent sees the child(ren), the more appropriate it is

to

have

longer periods of time \Vith the non-residential parent.

ii.

If

the non-residential parent has not had regular contact

\Vi

th the child, short periods

of

parenting time must precede extended

periods.

11i. \Vith children

over

the age of3 months, and particularly

\Vith

children in the preschool years, more overnight time may be appropriate, subj

to the tetnperament of the child and the circumstances of each family.

DR

2.7

REVISED 07/29/2009)

. I .



The non-residential parent shall have parenting time as follows:

A.

Birth to 3 months:

frequent

short visits in the

baby s

home, unless

otherwise

specified.

f

the residential

parent is not

working outside the home, daily from 6:00 pm until 8:00 pm f the residential parent is working outside the home, ev

other day from 6:00 pm until 8:00 pm The non-residential parent may take the child

out

for walks

or

drives

i f

sleepin

and

feeding

are provided

for.

B. 3 months

to 3 years:

3 MONTHS TO 3 YEARS PARENTING SCHEDULE

*

Frequent short visits per agreement or

Tuesday and

Thursday

evenings from 5:30

pm

until 8:30 pm

One

day

every weekend,

alternating Saturday/Sunday

from 10:00 am until 6:00 pm

Beginning

at

12

months, the Saturday

parenting time Shall

begin

on Friday

at 6:00 pm

until Saturday

at 6:00 pm

C.

3 to 5

years:

Tuesday

and Thursday evenings from 5:30 pm

until S:30 pm

A

rotating

four week schedule as follows:

Week I-Friday 6:00 pm until Saturday

at

6:00 pm

Week 2-Saturday 6:00 pm until Sunday at 6:00 pm

Week

3-Friday

6:00 pm until

Sunday at

6:00 pm

Week 4-Residential Parent s weekend.

Basic Principles - Six to Eleven Years

1 10N TUE \VED THU

FRJ

SAT

WKI

x

x

WK2

x

x

D

WKJ

x

x

IVK4

x

x

D

X =Evenings

D= l0:00AMT06:00Pif

3 TO 5 YEARS - PARENTING SCHEDULE

h. 10N

IVKI

IVK2

WK

IVK4

Evenings

O= Overnight

TUE

x

x

x

x

\VED

THU

FRI

SAT

x 0

x

0

x

0 0

x

i.

Elementary school age children can adapt to longer periods

of

separation from their principal caretakers than younger

children can.

SUN

SUN

ii. The needs of the 6-11 year old child with regard to school schedules, homework, and extracurricular activities must be

respected.

iii.

Adjusting to and moving back and forth between two households increases the complexity

of life

for a child in a diVlrce

situation. It may, therefore, be necessary to simplify other aspects of a child s

life,

e.g. by reducing the number of outside

activities.


D. 6 to 11 years:

Alternate

weekends from Friday evening

at

6:00 pm To Monday morning before school,

or summer care.

Overnight on the Thursday evening following that

\Veekend from 6:00 pm t before school or sun1mer

care

on

Friday

morning,

and

from 6:00 pm to

8:00

pm on

the

following

Tuesday

evening.

DR 2.7 (REV<SED 07/29/2009)

- 2 -

6 - 11

YEARS - PARENTING SCHEDULE

MON

WKl

WK2

WKl

\VK4

Evenings

0 ~ v e r n i g h t

TUE

x

x

\VED

THU

FRJ SAT

0 0

0

0 0

0

SUN

0

0



Basic

Principles:

T\velve and Teenage Years

i. Parents should respect a teenager's need to spend

time

\Vith peers and in organized activities,

and

less time \Vith each parent,

especially during weekends and summer lolidays.

ii. Quality of time is more important than a rigid schedule. Flexibility in scheduling

is

necessary. When possible, it

is

preferable

consider the teenager s wishes as long as the parents agree.


E. 12 to 18 years:

Tuesday and

Thursday

evenings from

5:30 pm until 8:30 pm

12-TEENAGERS

-

PARENTING

SCHEDULE

A rotating four week schedule as follows:

Week 1-Friday

6:00 pm until

Saturday at

6:00 pm

Week 2-Saturday 6:00 pm until Sunday at 6:00 pm

Week 3-Friday 6:00 pm until Sunday at 6:00 pm

Week 4-Residential Parent's weekend

3.

HOLIDAY SCHEDULE/EXTENDED PERIODS

v ON

WK

WK

WK

WK4

Evenings

0

~ v e r n i g h t

TU

x

x

x

x

WED

T U FRI

SAT SUN

x

0

x

0

x 0

0

x

A.

Parents may

wish to change, by ag reement , a holiday

at

least one week in

advance

in

order to

observe family

or

religious

traditions.

f

not changed by agreement holiday times, where relevant,

are

as follows:

HOLIDAYS

EVEN#YEARS 0DD#YEARS

AS AGREED, OR

New Year s Holiday *

Mother Father

12/31, 6:00 pm -

111/,

7:00 pm

Martin Luther King Dav Father Mother Sun.,6:00pm - Mon., 7:00 Pm

President s Day

Mother Father

Sun.,6:00 pm - Mon., 7:00pm

Easter

Father Mother

Sat., noon - Sun., 7:00 pm

Memorial Day

Mother

Father

Sun.,noon - Mon., 7:00 pm

Fourth of July

Father

Mother

7/4, 9:00

am

- 10:30 pm

Labor Day

Mother Father

Sun., 6:00 pm - Mon., 7:00 pm

Halloween (Beggar s Night)

Father Mother

5:00 pm - 8:00 pm

Thanksgiving

Mother Father

Weds., 6:00 pm - Fri., 7:00 pm

Christmas Eve

Father

Mother 12/23, noon - 12/24, 10:00 pm

Christmas Day

Mother

Father 12/24

IO:OOpm

- 12/26, 6:00pm

K\vanzaa

Father Mother

st

night, 5:00 pm-9:30 pm

Rosh Hashanah Eve

Mother

Father 5:00 pm - 9:30 pm

Rosh Hashanah Day Father Mother 9:00 am - 7:00 pm

Yorn Kippur Eve

Mother Father 5:00 pm - 9:30 pm

Yorn Kippur Day

Father Mother 9:00 am - 7 00 pm

Passover ( st

night)

Mother Father 5:00 pm - 9:30 pm

Hanukkah

( st

night)

Father Mother 6:00 pm - 8:30 pm

Mother s Day

Mother Mother

10:00 am - 7:00 pm

Father s Day

Father Father 10:00 am - 7:00 pm

Child s

B'day

(school)

Father Mother 5:30 pm - 8:30 pm

Child s

B'day

(no school)

Father Mother

I

0:00

am

- 8:30 pm

*New

Year s Holiday

is

governed by the year m winch New Year s Day falls.

It

tsnot governed by the year

in

which New Year s Eve

falls.

B.

When a child reaches the age of two, the non-residential

parent

shall be entitled to four weeks of additional time each year.

After the

age

of

five, t'vo \Veeks

may

be taken consecutively. This tin1e may be exercised during the sun1mer, the child(ren)'s

spring

break

from school (every other

year) or at

any

other

appropriate time during the year. This time may also be exercised

during the child (ren) s school

break

at Christmas (every

other

year), but under no circumstances shall the additional extended

time commence before December 26 and continue past 6:00 pm on December 31. For children ages two to five, said four week

extended

tin1e

1nay be taken in one 'eek

incre1nents. Under

the age oft vo

there \Viii be

no

extended periods.

C.

The

residential parent shall be entitled to two weeks of consecutive time each year.

D.

Extended periods of time

are

to be

arranged

within seven days from the time the

parents'

vacation schedules

are

posted

by

their

employers. Each parent shall notify the

other parent

in writing of the times desired for these extended periods no later tha

30 days prior to the exercise of extended period. Where there

is

a conflict between parents as

to

vacation schedules, the schedul

of the parent who first gives written notice to the other parent shall prevail.

. In the

event

of

a conflict, the following

is

the

order of

precedence: 1st Holidays; 2nd Extended periods;

3rd

Veekends; and 4

Midweek days.

DR 2.7

REVCSED

07/2912009)

- 3 -



4. MISCELLANEOUS

A. The child(ren) and/or residential

parent

have no duty to

\Vait

for

the

nonresidential

parent

to arrive for more than 30 minutes. The non-

residential parent who is more than 30 minutes late for a

particular

period of time shall forfeit that period

of

time. Exception shall be made

and

only

if,

the tardiness

of

the non-residential parent is for just cause and the residential parent receives both pron1pt notification and a

reasonable estimated

arrival

time.

B. The non-residential

parent \Vho

is n1ore

than

30 minutes late in

returning

the child(ren)

without

calling to make

arrangements

and \Vithou

just cause shall be subject to

contempt.

C. \Vhen the residential parent •Nill be gone overnight regardless

of

the age

of

the child{ren), the noHresidential parent shall be afforded the

opportunity to exercise overnight parenting time.

D. fvlake-up days shall be given if,

due

to an emergency, the child(ren)

or

non·residential parent is not available

at

the scheduled time

or

i th

residential

parent

denies access to the child(ren)

'vithout

just cause. All

makeup

dates shall be rescheduled and exercised within 30 da). l.

E. The parents shall

make

every effort

to consider

the child(ren)'s school schedule or reasonable extracurricular activities to serve the best

interest of

the

child(ren).

F. In the event that the parents are unable to reach an agreen1ent regarding trauportation, shall provide

transportation at

commencen1ent of the period

and

shall provide

transportation at

terinination

of

the period

G.

The

non-residential

parent

shall have

frequent and

ongoing

tlephone

contact \Vith the child(ren).

The

non.residential

parent

shall utilize

this time in a

reasonable

fashion.

5.

RECORDS/DAYCARE/STUDENT ACTIVITIES/MEDICAL

ACCESS

A.

The

non-residential

parent

shall be entitled to access to any and all records relied to the child(ren) to the same extent as is legally provide

to the residential

parent and under the same

tern1s

and

conditions

by

\vhich access is provided to the residential parent.

The

residential

pare

shall

supply

the

keeper

of

any nledicaf/school iecords

of the

child(ren) \Vith a copy of his/her order,

The

residential parent shall

supply

any

other keeper

of

any records of the child{ren) 'vith a copy

of

this order upon request

of

either the nonresidential parent

or

the keeper

of

the

record.

B. In the event a

child's

illness

requires

medical attention by a physician, the residential

parent

shall

promptly

notify the norresidential

parent.

Elective surgery shall only be

performed after

consultation \Vith the nonresidential parent.

C.

The non-residential parent shall be entitled

to

access to

student

activities relating to the child(ren) to the sa1ne extent as is legally provided

the

residential

parent

and under the same terms and

conditions

by

\vhich access

is

provided

to

the

residential

parent.

Thc-esidential

parent

shall provide the school(s) \Vith a copy

of

this

order.

D. The non-residential parent shall be entitled to access to any daycare center that is, or that in

the

future may be

attended

by

the

child(ren),

the

same

extent

as is legally provided to

the

residential parent and under

the

same terms and conditions by \Vhich access is provided to the ·

residential parent.

The

non-residential parent shall not re1nove the child(ren) from the daycare premises except during periods

of

time to ,vh

the non-residential parent is other\Vise entitled pursuant to this

order or

except by \Vritten agree1nent of the parents. The residential

parent

shall provide a copy

of this order to the daycare

center.

6. RELOCATION/REMOVAL

A. In accordance 'vith Rule 2.7

of

the Court's Local Rules, the residential parent shalJ notify the Court and the other parent ofu y intent to

relocate by completing Court

Form

2.8 ("Notice of Intent to Relocate") and submitting it to the Court's Docket Office.

If

a

Shared

Parenting

Plan is

in effect, each

parent

n1ust notify the

Court and

the

other parent

of

any

intent to re locate by con1plying

\Vith

the provisions

of

Local R

2.7 and submitting

Form

2.8. Fornt 2.8 is available

in

the Docket Office.

B. Neither parent

may

re1nove the child(ren) from Hamilton County

or

its contiguous Ohio counties (i.e. Butleri \Varren, Clermont counties)

and

establish residence for them in

another

county,vithout first obtaining a

court

order Q

an

agreed

entry

permitting such removal. (Note: T

have legal effect, an agreed

entry

nlust be signed by both parents,

their

attorneys

(if

any),

and

the Courti

and

thereafter be filed \Vith the

Hantilton County Clerk of Courts.)

7. MODIFICAT

N RESTRICTIO

YRECORDWHO

THE

OHIO REVISED CO ,

AND

ANY SCHOO

DIVISION (J) OF SECTION 3109.051 OF

THE

OH REVISED CODE IS N CONTEMPT OF COURT.

WILLFUL NON-COMPLIANCE

BY

A PARENT WITH THIS ORDER MAY RESULT IN A FINDING OF CONTEMPT RESULTING IN THIRT

(30) DAYS TO NINETY (90) DAYS INCARCERATION, A $250.00 TO SI ,000.00 FINE,

AND

AN AWARD OF THE MOVING PARENT'S AITORNEY FE

AND COSTS.

BY

SIGNATURE ON THIS AGREED ORDER, BOTH PARENTS EXPRESSLY, KNOWINGLY

AND

VOLUNTARILY WAIVE ANY REQUIREME

: : : i i - f ? f ~ M ' ~ ~ ~ J ; : ' ' ' ' ' ' · ·

'ft'

Plain tiff/Petitioner

Defendant/Petitioner

Attorney for Plaintiff/Petitioner

Attorney for Defendant/Petitioner

Documents

Tammi Fisse 2010 Descision