Miami County, Ohio

RULE 8

PRACTICE IN DIVORCE, DISSOLUTION AND LEGAL SEPARATION

8.01 PERSONAL HISTORY & AFFIDAVIT OF INCOME, EXPENSES AND FINANCIAL HISTORY

(A) In each and every case in which the relief prayed for includes a divorce, dissolution or legal separation or a motion for post judgment relief there shall be presented by the plaintiff with the complaint a sworn statement, on a form obtainable from the Clerk, containing a personal history of the parties to the action, Form DR 1, a copy of which shall be served with the complaint. The defendant shall also file and serve similar statements at the time of filing an answer or cross-complaint. The Clerk shall not accept for filing any complaint or answer or cross-complaint in a divorce, dissolution or legal separation action unless the statements are presented with it as provided herein. The information contained in all required Domestic Relations forms or statements shall be treated in the hearing and consideration of said cause of action as though it were obtained in answer to questions propounded by the court to the party filing such statement, and shall be subject to cross-examination in all proper respects.

(B) In each and every case of divorce, dissolution or legal separation, where minor children are involved or motions to modify parental rights and responsibilities, there shall be filed by both plaintiff at time of filing and defendant at time of response, an affidavit of income, expenses and financial disclosure on Court Form DR-9 and Form DR-23. [See also 8.21(F)] A completed computation form as required by R.C. 3113.215 in support of the child support guidelines, shall be filed with the Clerk and copies filed with the Court prior to any hearings on the merits, hearing on an uncontested divorce, dissolution or legal separation action.

(C) The caption in every complaint, petition, motion and all orders shall state the name, address, and date of birth of all parties (which the Court deems as necessary to comply with State and Federal regulations and to properly identify the parties), and shall include a title of its content. If any information is not known, there shall be a certification that this information is unknown in its place.

(D) The caption of all subsequent pleadings, motions, briefs or other papers shall also state the case number assigned, the SEA number if assigned, and the name of the Judge and Magistrate to whom the case is assigned.

(E) All papers filed with the Clerk of Courts by an attorney shall bear the attorney's name, Ohio Supreme Court registration number, firm name (if any), office address, telephone number and a designation of which party they represent.

8.02 TEMPORARY ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES

At the commencement of an action of divorce, or legal separation involving parental rights and responsibilities and support of minor children, the plaintiff may file with the complaint a motion to be considered by the court pursuant to Civil Rule 75(N)]. Either party may file a motion to establish a temporary order allocating parental rights and responsibilities pursuant to Civil Rule 75(N) while the case is pending. The party that files the motion shall also present to the Magistrate’s Office a proposed Magistrate’s Order temporarily allocating parental rights and responsibilities. Said entry shall order as follows:

(A) Allocation of parental rights and responsibilities of minor children shall be granted during the pendency of the action to the person having actual physical possession and control of the children at the time of the filing of the complaint. The entry shall also address visitation where appropriate.

(B) Support for minor children shall commence on Friday of the week in which the complaint is filed and shall be fixed as follows:

(1) Child support must be calculated and an order filed in accordance with R.C. 3113.215. The calculation must be supported by a worksheet or summary.
(2) In addition to the monthly support payments, the temporary order shall also order payment of extraordinary medical, hospital, dental and optical expenses on an equal basis.
(3) All orders of support shall include a provision for processing charge and shall be payable through Ohio Child Support Payment Central, P.O. Box 182372, Columbus, Ohio 43218,

(C) For good cause shown, a party may be named temporary residential parent and legal custodian during the pendency of the action where the children are not in the physical possession of the parent or to a party that desires to leave the marital residence upon sufficient showing by sworn affidavit. The Court may, upon review of the affidavit submitted, grant an order, refuse to issue an order, or may set the matter for an evidentiary hearing.

Effective 1/1/05
8.021 STANDARD PARENTING TIME SCHEDULE

Unless the parties agree otherwise or subject to a modifying order, the following shall be the temporary and permanent order of this Court relative to the rights and obligations of the residential and non-residential parent. The factors set forth in R.C. 3109.051 (D) (1) through (14) inclusive and the best interests of the child(ren) have been considered in establishing this order.

(A) Neither party shall establish residence for the minor child(ren) outside the State of Ohio without prior approval of this Court.

For temporary orders:

(C) The non-residential parent shall have visitation alternate weekends from Friday evening at 6:00p.m. until 6:00p.m. on Sunday.

Mid-Week:

For a child in grades Kindergarten through 8th grade, 5:00p.m. to 8:00p.m.

For a high school student, 5:00p.m. to 9:00p.m.

If there is more than one child, the hour of return shall be the hour for the youngest child. If the parents cannot agree on a day, the day for the mid-week companionship is Wednesday. If a child is in a child care arrangement, the non-residential parent may not pickup the child from the caretaker without the prior permission of the residential parent, preferably in writing.

The non-residential parent has the responsibility for picking up and returning the child(ren). The non-residential parent, if unavailable for the pickup or delivery of the child(ren), must use an adult well known to the child(ren).

(E) The father shall have the children on the holidays in Column 1 in odd -

numbered years and the holidays in Column 2 in the even-numbered years. The mother shall have the children on the holidays in Column 1 in even-numbered years and the holidays in Column 2 in odd-numbered years:

COLUMN 1 COLUMN 2
Martin Luther King, Jr. Day Presidents’ Day
Easter Memorial Day
Fourth of July Labor Day
Beggars’ Night (6:00 to 9:00p.m.) Thanksgiving eve
Wednesday at 6:00p.m until Sunday at 6:00p.m.)
If the parties cannot agree on times, non-residential holiday parenting time shall be from 10:00 a.m. the day of the holiday until 7:00p.m., except for Beggar’s Night as observed in that parent’s community. When the holiday falls on a Monday immediately following a non-residential parenting time weekend, the non-residential parent shall be entitled to keep the children continuously from 6:00 p.m. Friday to 7:00p.m. Monday. Weekend rotation remains the same after holidays.

(F) Mother’s Day shall always be spent with the mother, and Father’s Day shall always be spent with the father, regardless of which parent is entitled to the weekend. If the parties cannot agree on times, the time shall be 10:00a.m. to 7:00p.m. The child’s birthday shall always be spent with the mother in the even-numbered years and shall always be spent with the father in the odd-numbered years. However, nothing herein should be construed to prevent a parent from delivering a gift or attending a party if it is otherwise appropriate, i.e., at a grandparent’s after invitation. The non-residential parent must provide one week’s notice of their intent to have visitation for a birthday. If the parties cannot agree, the time is 10:00 a.m. to 7:00p.m. for a child not in school on the birthday, and 4:00p.m. to 8:00p.m. for a child in school on their birthday. The child’s birthday is to be spent with the designated parent, even if the other parent is entitled to the weekend, holiday or vacation with the child. (Brothers and sisters shall be allowed to attend the birthday event.) In addition, in all even-numbered years, the mother shall have the child(ren) from 9:00 a.m. the day after school recesses (or 9:00 a.m. on December 20 if the child(ren) are not in school), until 3:00 p.m. December 25 and the father shall have the child(ren) from 3:00p.m. December 25 through 6:00p.m. January 1. In all odd-numbered years, the reverse shall apply.

(G) Non-residential parent shall have visitation for Spring Break from school, not to exceed one (1) week in alternate years, commencing in the calendar year after the decree or order is filed.

(H) Non-residential parent shall have four (4) weeks of summer visitation which shall not be extended because other non-residential parenting time falls within the chosen summer. Weekend rotation remains the same after extended summer visitation. Non-residential parent’s visitation shall be set sixty (60) days in advance by the non-residential parent or with the consent of the residential parent if less than sixty (60) days notice. The non-residential parent’s choice of vacation has priority over the residential parent’s choice, unless the residential parent’s vacation is an annual mandatory shut-down of the place of employment, or unless the residential parent is required by the employer to give more than sixty (60) days notice of intent to take a vacation and the non-residential parent has no similar requirement. Each parent must provide the other parent with destination, times of arrival and departure and method of travel if the vacation will be outside the parent’s community. Summer school necessary for the child(ren) to pass to the next grade must be attended. Extended visitation may be scheduled by either parent during a mandatory summer school period, but the child must attend all classes. There will be no abatement of support unless visitation is in excess of twenty-eight (28) consecutive days, and then it is discretionary with the Court.

The regular alternate weekend and day of the mid-week visitation schedule shall continue throughout the summer with the custodial parent continuing to have the children on the weekends said parent would normally have them and a mid-week visit pursuant to the above. Each parent shall be entitled to two uninterrupted seven-day periods of visitation, (if the parents are out of town) which may be consecutive at the exercising parent’s option, per summer. Said visitation periods shall be scheduled in the same manner as set forth above.

(I) The non-residential parent will be prompt for pickup and return of the child(ren) and the residential parent will ready the child(ren) for the visitation. The residential parent has no duty to wait for non-residential parent to pick up the child(ren) longer than thirty (30) minutes, unless the non-residential parent notifies the residential parent that they will be late, and the residential parent agrees to remain available after the thirty (30) minute waiting period. A parent who is more than thirty (30) minutes late loses the visitation period.

(J) Each parent must, unless the Court orders otherwise, keep the other informed of their current address and a telephone number in the event of an emergency.

(K) If a child becomes ill or injured, warranting the giving of medication or consultation with a doctor or dentist, each parent must notify the other parent as soon as possible. If a child becomes ill while with the residential parent prior to a scheduled visitation period, the parent must contact the other parent and discuss the advisability of whether the visitation period should take place with the best interests of the child as the primary consideration. If the child does not go for the visitation period, then the non-residential parent has the right to visit the child for not more than one(1) hour at the time scheduled for the visitation period to begin. This does not apply if the order of any Court or consent agreement prohibits the non-residential parent from being at the home. If another child of the parties is scheduled to have visitation, then the regular visitation schedule must go on with that child(ren).

(L) The residential parent shall take the necessary action with school authorities to: (A) List the non-residential parent as a parent of the child(ren); (B)authorize the school to release to the non-residential parent all information concerning the child(ren); (C) direct the school to send copies of all notices to the non-residential parent as well as the residential parent; and (D) provide copies of each child’s grades to the non-residential parent. In addition, the residential parent must inform the other parent of school activities or special events such as parent-teacher conferences, school programs, athletic events, honors programs, special ceremonies, graduation, or other school activities in which the child is involved as soon as the residential parent receives notice of the same.

(M) The residential parent shall upon request by the non-residential parent immediately comply with whatever action is required, including the signing of full release to provide access to any medical, dental, hospital, surgical, optometric, or mental health records of the minor child(ren). With the exception of sudden emergency, each parent shall be consulted relative to elective surgery.

(N) It is the affirmative duty of the residential parent to prepare and encourage their child(ren) to comply with the visitation schedule.

A parent may not withhold visitation rights because the other parent does not obey another Court Order, such as paying support or medical bills. The parties should seek the advice of attorneys in such a case.

(O) Both parents shall encourage and foster in the child(ren) sincere respect and affection for both parents and should not hamper the natural development of the child(ren)’s love and respect for the other parent.

8.022 OUT-OF-STATE VISITATION SCHEDULE

Non-residential parent shall be entitled to parenting time per Local R. 8.021, except as modified below. As long as one of the parties resides outside the State of Ohio, paragraphs C, D, and F of Loc. R. 8.021 are amended. The non-residential paren shall be entitled to:

A) Six (6) weeks visitation during the children's summer vacation from school.

B) One week at Spring break from school.

C) Extended visitation at Christmas time, in the first year from the day after the last day of school through December 26, in the second year from December 27 to the day before school commences again and alternating in the same sequence thereafter.

D) Visitation - Whenever non-residential parent is in the state in which the residential parent resides, and after at least 24 hours notice, for a reasonable period of time considering the circumstances.

E) Visitation - Whenever residential parent is in the state in which non-residential parent resides he/she shall notify non-residential parent that he/she may visit with the children for a reasonable period of time considering the circumstances.

F) In all events, a reasonable period of time shall beat least those periods established in Local R. 8.021.

G) Whenever possible the children shall spend Father's Day and Mother's Day with the appropriate person.

H) Each parent shall have access personally or telephonically to the child on that child's birthday.

I) Non-residential parent shall be permitted to telephone the children at 6:00 P.M. Eastern time on alternate Sundays commencing the first week after the order and thereafter and residential parent shall make sure that the children are available to receive the calls.

J) The parties shall exchange all pertinent addresses, phone numbers and other necessary information to implement these orders.

K) Costs of transportation shall be borne by the party that has chosen to relocate outside of the State of Ohio subject to the discretion of the Court in light of the financial circumstances of the parties.

8.03 IV-D APPLICATION

(A) A IV-D application shall be filed with all complaints for divorce, dissolution or legal separation involving minor children. The Clerk of Courts or Court shall reject any complaint that fails to comply with this Rule.

(B) The Decree of Divorce or Legal Separation shall include a provision protecting any ADC Child Support arrearage.

8.04 TEMPORARY SUPPORT WHEN CHILDREN LIVING WITH PARENTS

Where the parties are residing together either party may file an exparte order directing both parties to be responsible for the payment of all household expenses and to provide full and adequate support for the children to the extent of their financial abilities without any provision as to the allocation of parental rights and responsibilities. In the event the parties cease to reside together in the same residence, the residential parent may seek child support pursuant to Rule 8.02. If the children are living in the same house with both parents when the complaint for divorce is filed, neither parent shall remove the children from the marital residence without prior Court approval.

8.05 PROCEDURE FOR SEEKING TEMPORARY SPOUSAL SUPPORT

If either party desires a temporary order with regard to temporary spousal support and/or an allowance for expenses, such party shall file an appropriate motion for the same. Unless otherwise ordered, such motion shall be submitted on affidavits on the form prescribed (DR 3) by the court. The party filing the motion shall therewith file a supporting affidavit and the other party may file a counter-affidavit at any time prior to the date of consideration of said motion. Copies of such motions, affidavits and counter-affidavits shall be served in accordance with the Civil Rules. Unless otherwise ordered, all such motions shall be considered as submitted for decision by the court fourteen (14) days from service of the complaint, answer, counterclaim or motion.

The Court may, upon review of the affidavits submitted, grant the request, refuse to issue a Civ. R 75(N) order, or may set the matter for an evidentiary hearing.

Upon the issuance of a temporary order, either party may request an evidentiary hearing to have the Court consider modification of its prior Order. A request for an evidentiary hearing must be filed in the Clerk of Courts office within twenty -eight (28) days of the issuance of the Order. Said request does not stay the temporary orders.

8.06 PRACTICE ON TEMPORARY ORDERS

All temporary orders may be executed by a Judge or Magistrate. When hearings are ordered pursuant to this rule on motions for temporary orders or for modification of temporary orders, the practice shall continue to be that such matters shall be set for hearing by entry, with notice according to Civil Rules.

8.07 ORDERS FOR SUPPORT

(A) General Decrees and agreed orders shall have titled paragraphs identifying the content of each paragraph, e.g., Spousal Support, Allocation of Parental Rights and Responsibilities, Health Insurance Coverage, Child Support, Parenting Time Schedule, Real Estate, Pension/Retirement, Debt Allocation, Personal Property, etc. Decrees and agreed orders shall provide the following:
Full names of parties;
Current addresses of parties;
Dates of birth;
Identity of employer, payroll address, and pay cycles; [or identity and address of financial institution and account number]; and
Health insurance information including medical, dental, and optical coverage.

(B) Support Language

(1) Child support provisions shall provide the following:
Monthly amount;
Effective date;
If arrearages present, monthly amount of payment;
Whether support is to be continued beyond child's nineteenth (19th) birthday or any other reason for termination as provided in R.C. 3119.86 and 3119.88; and Payments shall be made through the Office of Child Support, Ohio Child Support Payment Central (OCSPC), P.O. Box 182394, Columbus, OH 43218-2394 by certified check, or money order, plus the two percent (2%) processing charge until such time as said amounts are withheld by the withholding notice.

(2) Spousal support provisions shall provide the following:
Monthly amount;
Effective date;
Duration of the obligation;
Grounds for termination; e.g., death, remarriage;
Whether continuing jurisdiction is retained and under what conditions;
If arrearages are present, monthly payment on arrearage;
Payments shall be made through the Office of Child Support, Ohio
Child Support Payment Central (OCSPC), P.O. Box 182394, Columbus,
OH 43218-2394 by certified check, or money order, plus the two
percent (2%) processing charge until such time as said amounts are
withheld by the withholding notice.
(3) Exception to spousal support withholding requirement:
In a case in which spousal support is the only support ordered, the
parties may by agreement, with the court's permission, waive
payment of the spousal support through the Ohio Child Support
Payment Central (OCSPC). The parties must provide an independent
record of payments, such as electronic transfers, automatic bank
withdrawals or other method approved by the court.

(C) Withholding Notice Language
Decrees and agreed orders shall provide for the appropriate notice
to withhold as required under R.C. 3121.03, 3121.04, and 3121.08
and shall identify the source of the withholding.

(D) Mandatory Support Order Language

All support under this order shall be withheld or deducted from the
income or assets of the obligor pursuant to a withholding or
deduction notice or appropriate order issued in accordance with
Chapter 3119., 3121., 3123., and 3125. of the Revised Code or a
withdrawal directive issued pursuant to Sections 3123.24 to 3123.28
of the Revised Code and shall be forwarded to the obligee in
accordance with Chapters 3119., 3121., 3123., of the Revised Code.

IT IS FURTHER ORDERED that obligor is restrained from making said
payments directly to the obligee and the obligee is enjoined from
accepting direct payments from the obligor. Any payments of support
not made through the OCSPC shall be deemed a gift.

IT IS FURTHER ORDERED that obligor and obligee notify the SEA
immediately, in writing, of their current mailing address, current
residential address, current residence telephone number and current
driver license number. This duty to notify the SEA immediately of
any change in either addresses, phone numbers or drive license
numbers shall continue until further notice of the court.

IT IS FURTHER ORDERED that the obligor shall notify the SEA
immediately, in writing, of any change in employment status or
employer. This duty to notify the SEA immediately shall continue
until further notice of the court, and a failure to provide such
notification may make the obligor liable for retroactive support
that would have been ordered.

IT IS FURTHER ORDERED that the obligor and obligee shall notify the
SEA immediately, in writing of any change in the status of the
minor children of the parties which would terminate the duty of
obligor to pay child support.

IT IS FURTHER ORDERED that the obligor and obligee shall notify the
other party immediately, in writing, of any change in status which
would effect child support and/or spousal support.

IT IS FURTHER ORDERED that if the obligee is to receive spousal
support form the obligor, the obligee shall notify the SEA
immediately, in writing, of remarriage if the remarriage would
terminate the obligation to pay spousal support.

IT IS FURTHER ORDERED that both parties shall take notice of the
Obligee''s Rights and Remedies for Enforcement of Support, attached
hereto, available to the obligee in the event the obligor fails to
make payment of support as ordered herein. [Counsel shall attach
Obligee's Rights and Remedies for Enforcement of Support to each
copy of the decree or agreed order DR-Form 23A]

EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT
ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING
ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE
NUMBER, CURRENT DRIVER''S LICENSE NUMBER, AND OF ANY CHANGES IN
THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES
UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED
THE
SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER
AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED
UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500
FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER
ANY SUPPORT ORDER ISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE
THE REQUIRED NOTICES, YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE
SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN
90 DAYS.

IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES,
YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS
AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF
YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER''S LICENSE, OR
RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS
RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL
INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN
MONEY
FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION.

(E) Health Care Provision
Decrees and agreed orders related to child support shall contain a
provision in accordance with R.C. 3119.30 that one or both of the
parties shall provide health care coverage for any minor child or,
if not available to either party at a reasonable cost, a provision
requiring that coverage be obtained if it subsequently becomes
available to either party at a reasonable cost.

Health care provisions shall further include language requiring the
obligee to be responsible for the first $100 incurred per child per
calendar year of uninsured medical, dental and optical expenses. It
shall also specify that remaining medical, dental, optical and
psychological expenses for any minor child are to be shared
equally.
All health insurance provisions shall refer to the Additional Order
of Health Care Needs for Dependent Children [DR-16] and direct the
parties to take notice of it; the Standard Order of Health Care
Needs for Dependent Children shall be attached to the decree or
agreed order and be incorporated by reference.

Use one of the following four (4) options:

(1) Health Insurance Provided by Obligor's Group Insurance

IT IS THEREFORE ORDERED that obligor shall provide group health
insurance coverage, for the dependent children pursuant to the
Dependent Health Care Order/Qualified Medical Child Support Order
filed herewith.
IT IS FURTHER ORDERED that obligor and obligee shall take notice of
the Standard Order of Health Care Needs for Dependent Children
attached hereto and incorporated herein by reference. Obligee shall
be responsible for the first $100 incurred per child per calendar
year of uninsured medical, dental, and optical expenses. Costs of
the remaining medical, dental, optical, and all psychological
expenses, shall be shared equally by obligor and obligee unless
otherwise agreed as follows:
_________________________________________

(2) Health Insurance Provided by Obligee's Group Insurance

IT IS THEREFORE ORDERED that obligee shall provide group health
insurance coverage, for the dependent children pursuant to the
Dependent Health Care Order/Qualified Medical Child Support Order
filed herewith.
IT IS FURTHER ORDERED that obligor and obligee shall take notice of
the Standard Order of Health Care Needs for Dependent Children
attached hereto and incorporated herein by reference. Obligee shall
be responsible for the first $100 incurred per child per calendar
year of uninsured medical, dental, and optical expenses.
Costs of the remaining medical, dental, optical, and all
psychological expenses, shall be shared by obligor and obligee
equally unless otherwise agreed as follows:

______________________________________________.

(3) In the event both obligor & obligee have group health insurance
available

IT IS THEREFORE ORDERED that obligor and obligee shall provide
group health insurance coverage, for the dependent children
pursuant to the Dependent Health Care Order/Qualified Medical Child
Support Order filed herewith.
IT IS FURTHER ORDERED that obligor and obligee shall take notice of
the Standard Order of Health Care Needs for Dependent Children
attached hereto and incorporated herein by reference.
Obligee shall be responsible for the first $100 incurred per child
per calendar year of uninsured medical, dental, and optical
expenses.
Costs of the remaining medical, dental, optical, and all
psychological expenses, shall be shared by obligor and obligee
equally unless otherwise agreed as follows:

______________________________________________.
(4) In the event neither obligor nor obligee has group health
insurance available for a reasonable cost
IT IS THEREFORE ORDERED since no health insurance for dependent
children is available at a reasonable cost, obligee shall be
responsible for the first $100 incurred per child per calendar year
of uninsured medical, dental, and optical expenses.
Costs of the remaining medical, dental, optical, and all
psychological expenses, shall be shared by obligor and obligee
equally unless otherwise agreed as follows:

______________________________________________.
IT IS FURTHER ORDERED that obligor and obligee shall take notice of
the Standard Order of Health Care Needs for Dependent Children
attached hereto and incorporated herein by reference.
IT IS FURTHER ORDERED that if, after the issuance of this order,
group health insurance becomes available for the dependent children
at a reasonable cost through a plan offered by the obligor''s or
obligee''s employer or through any other group health insurance
plan available to obligor or obligee, said party shall immediately
notify the Miami County Support Enforcement Agency,in writing of
the available insurance, company name and address and policy
number.

(F) Parentage
If the issue of a child's parentage has been raised by either party
or the court, then the decree shall make the appropriate finding of
paternity or non-paternity. The decree should identify the child by
name and date of birth and should indicate whether the child was
born during or prior to the marriage and how parentage has been
determined, e.g., genetic testing, agreement, acknowledgment,
adoption, prior marriage. It should also direct the Ohio Department
of Health to create a corrected birth record.

(G) Parenting Time
The following language shall be included in all parenting time
orders:
Out-of-state relocation: Neither party shall relocate the children
out of state without first obtaining a modified parenting time
order and approval of the court. The parties may submit an agreed
order modifying parenting time, with a provision for allocation of
transportation expense, to the court. If the parents are unable to
agree, the relocating parent shall, prior to relocation, 1) file a
motion to modify the parenting time schedule, 2) set a hearing, and
3) obtain a modified parenting time order.
Access to Records: The non-residential parent shall have access to
the same records, school activities and any day-care center which
the children attend on the same basis that access is available to
the residential parent, unless a restrictive order has been
obtained from the court.
Notice of Change of Address: Both parents shall given written
notice to the other parent immediately upon any change of address
or change of phone number, unless a restrictive order has been
obtained. A copy of the notice, including the parties names and
case number shall be filed with the Miami County Clerk of Courts.

(H) Restoration of Name
A party requesting restoration of a former name may submit within
a reasonable time after the final hearing a separate proposed entry
setting forth the party's complete name before and after the
requested change, and the party's date of birth, and current address.

(I) Court Costs
Decrees and agreed entries(except temporary or interim orders)
shall designate which party shall pay court costs. In the event
costs are to be shared, percentages are to be identified with each
named party.

(J) Final Appealable Orders Any decree or post-decree agreed order
shall be denoted as a Final Appeal Appealable Order directly
beneath signatures.

(K) The following documents shall accompany all judgment entries
awarding child support.

1. Attached to judgment entry:

a. Standard Order of Health Care Needs For Dependent
Children and Additional Order of Health Care Needs for
Dependent Children attached thereto. [DR Form 16]

b. Standard Order of Parenting Time, if applicable.

2. Detached from Judgment Entry:

a. A health care order. [see DR Form 17 or 18]

b. Praecipe directing the Clerk of Courts to mail the
Health Care Order to the employer and insurance company
specified on the Health Care Order.

8.08 ATTORNEY FEES

(A) Any request for attorney fees shall contain the following:

(B) The Court shall retain the right to award attorney fees to opposing counsel, without the filing of a written motion, upon a finding that the motion was spurious; that there was undue delay in proceeding with the case; or that there was an unexcused absence.

8.09 DISSOLUTION OF MARRIAGE ACTIONS

(A) In addition to all copies to be served by the Clerk and where minor children are involved and temporary child support is ordered, the original and one copy of the petition, required forms or affidavits, separation agreement (including any amendment thereto) and judgment entry shall be filed with the Clerk of Courts. The Clerk shall forward the copy of the respective document to the Child Support Enforcement Agency. In cases not involving support of minor children through the Child Support Enforcement Agency, the parties are not required to forward a copy thereof to the Child Support Enforcement Agency.

(C) In all dissolution of marriage actions where only one party is represented by counsel, it must be affirmatively stated in writing by the unrepresented party and filed with the Clerk of Court that said party waives representation by counsel and is proceeding without advice of counsel on the form approved by the Miami County Common Pleas Court designated as DR 4.

8.10 CONTESTED DIVORCE ACTIONS

A divorce action shall be considered contested when the defendant files an answer or counter-claim within 42 days following service of the divorce complaint.

8.11 MODIFICATION OF TEMPORARY ORDER

(A) After any temporary spousal support or temporary allocation of parental rights and responsibilities and support order is journalized according to R.C. 3113.215, any written request for oral hearing to modify such temporary order pursuant to Civil Rule 75(M) must be filed with the Clerk of Court after service of a copy on opposing party or counsel. A request for oral hearing shall not suspend or delay the commencement of support payments previously ordered or change the custody of children unless such is modified by subsequent order after the oral hearing. The oral hearing shall be scheduled within twenty-eight (28) days before a Judge or Magistrate, who may sustain, overrule or modify the previous order.

(B) Any modification to a temporary order of support shall be based upon and consistent with the child support guidelines as promulgated by R.C. 3113.215.

8.12 RESTRAINING ORDERS

Motions for restraining orders as provided by the Ohio Rules of Civil Procedure relating to domestic cases shall be accompanied by affidavits sworn to absolutely, setting forth the specific basis of the requested relief. These motions and orders shall be filed separate from the complaint or other pleadings.

Further all entries ordering Temporary Restraining Orders shall be filed separate from the motion.

If considered meritorious, these restraining orders may be granted ex parte by the Court or Magistrate and after journalization the Clerk shall serve a certified copy of the order on the affected party at the address in the complaint, counsel of record for the affected party, if any, and any other individual or institution affected by the order. All service shall be by regular mail unless otherwise requested.

8.13 PROCEDURE UPON RESOLUTION OF THE CASE

If a contested matter as defined herein is resolved by the parties prior to trial, it shall be the duty of the counsel to:

(A) Reduce the agreement of the parties to writing in the form of a separation agreement or decree of divorce executed by the parties.

(B) At the earliest possible date, advise the court, Magistrate or assignment commissioner of the agreement and arrange a hearing date with the assignment commissioner.

(C) Submit the separation agreement of the parties to the court at the time of hearing for approval.

8.14 PROCEDURE UPON SETTLEMENT AT PRETRIAL

If an agreement is reached at any pretrial conference, and the parties are prepared to proceed with a divorce hearing forthwith, the agreement shall be read into the record and the notes shall be signed by both parties or acknowledged by both parties on an electronic recording device approved by the court.

8.15 UNCONTESTED DIVORCE ACTIONS

An uncontested divorce action is defined as an action for divorce where no answer or other responsive pleading has been filed by the defendant within forty-two (42) days of service of the complaint.

Temporary issues in these actions shall be subject to the same rules as provided for in contested actions.

In uncontested actions where the parties have entered into a written separation agreement there shall be submitted to the court a written statement by any party not represented by counsel that they waive advice of counsel.

In uncontested matters the counsel shall request the matter be assigned after the expiration of forty-two (42) days following completion of service of the complaint. Failure to request assignment may subject the matter to be set for a show cause or dismissal hearing.

In all uncontested divorce actions where the defendant is not represented by counsel the Clerk of Court shall forward a copy of all court orders, temporary or final, to the defendant at their last known address and charge the costs to the case.

8.16 POST JUDGMENT RELIEF - VISITATION, CHILD, SUPPORT,MODIFICATION OF PARENTAL RIGHTS AND RESPONSIBILITIES, SPOUSAL SUPPORT, LUMP SUM JUDGMENT

(A) Any motion requesting modification of visitation, support, modification of parental rights and responsibilities, spousal support, and or lump sum judgment shall contain a brief statement by the moving party setting forth the modification requested and the reason therefore and include a memorandum as required by Rule 3.03.

8.17 POST JUDGMENT RELIEF ACCOMPANIED BY CITATION FOR CONTEMPT

Since contempt actions are controlled by Chapter 2705 of the Ohio Revised Code, any motion requesting a citation in contempt shall:

(A) Specifically state the basis for the contempt citation.

(B) Contain notice of hearing and before filing shall be submitted to the assignment commissioner for scheduling.

(C) Notice of hearing shall be served with the motion and citation pursuant to the Civil Rules.

(D) Motions requesting sanctions provided by R.C. 2705.031 shall be served with a Summons for Contempt Failure To Pay Support, DR-14.

8.18 FORMS

(A) In all domestic actions, original or post decree motion where there is any issue involving minor children or spousal support both parties are required to fill out and file an approved DR-1 form.

(B) In all domestic actions involving allocation of parental rights and responsibilities or visitation both parties shall file a DR-2 with the court which is an affidavit designed to comply with R.C. 3109.27. Failure to comply with this rule may result in a dismissal of the motion.

(C) In all dissolution of marriage actions, Form DR-4 shall be filed if required by Domestic Rule 8.09(C).

(D) All motions for temporary spousal support and expenses shall be filed on Form DR-3.

(E) In all dissolutions, divorces and legal separations involving dependent children, a completed computation worksheet shall be filed prior to the filing of the permanent order.

(F) In all domestic actions, original or post decree, final orders of wage or other attachment shall carry a "prepared by:" signature line.

(G) A copy of all forms referred to in Court Rules may be obtained from the Clerk of Courts.

8.19 TIME LIMITS

All actions to establish a support requirement or to modify a previously issued support order are to be completed with the following time limits:

(A) Ninety percent (90%) of all of the actions shall be completed within three (3) months after they were initially filed.

(B) Ninety-eight percent (98%) of all of the actions shall be completed within six (6) months after they were initially filed.

(C) One hundred percent (100%) of all actions shall be completed within twelve (12) months after they were initially filed.

8.20 DESIGNATION OF MIAMI COUNTY LOCATIONS FOR THE POSTING OF NOTICE OF SERVICE OF PROCESS IN DIVORCE, ANNULMENT AND LEGAL SEPARATION ACTIONS

The following locations are hereby designated as locations for posting of notices for service by publication in divorce, annulment and legal separation actions, pursuant to Ohio Rule of Civil Procedure 4.4.

(1) Miami County Safety Building
201 N. Main Street, Troy, OH 45373

(2) Department of Human Services
2040 N. Co. Rd. 25-A, Troy, OH 45373

(3) Miami County Municipal Building
(Piqua Office) 1105 Wayne Street, Piqua, OH 45356

8.21 SEMINAR FOR PARENTS

(A) This rule applies to all parents in all original divorce, dissolution and paternity actions and (other domestic relations actions as ordered by the Court) filed after March 1, 1995, where the interests of children under 18 years of age are involved.

(B) All parents shall successfully complete the educational seminar entitled "Helping Children Succeed After Divorce."

(E) For good cause shown, the assigned judge may waive the requirement of completion of this seminar in individual cases.

(F) The attorney for the moving party shall complete and file a Notice of Pre-Registration in Seminar for Parents along with the Complaint for Divorce to be served on opposing party. (See DR Form 21)

(G) For good cause shown upon written application the Administrative Judge may permit attendance and completion of the Seminar by persons who are not parties in divorce, dissolution, or paternity actions originating in Miami County Common Pleas Court General Division. Each written application shall include:

(1) A true copy of a Court Order which compels the applicant's attendance and completion of a similar seminar in conjunction with a pending domestic relations proceeding.

(2) A certification from the Assignment Commissioner of the Magistrate's Office verifying there is availability for the attendance of the applicant on the date requested.

(3) Payment in the amount of $50.00 per applicant payable in advance to the Clerk at the time the application is made for cases not originating in Miami County Common Pleas Court General Division or Juvenile Division. Payment in the amount of $10.00 per application payable in advance to the Clerk at the time payment is made for cases originating in the Juvenile Division of Miami County Common Pleas Court.

The Application shall be submitted to the Administrative Judge who shall indicate whether approval is granted on the application prior to the filing of the application with the Clerk.

8.22 CONTINUANCES

In addition to Loc. R. 4.03, all requests for continuances, except in emergencies, shall be by written motion on a form prescribed by the Court. The movant shall first attempt to secure consent of the opposing party; set forth in the motion whether consent was obtained or denied; and shall state the number of prior continuances. The party seeking the continuance shall immediately notify the opposing party or counsel of the Court's ruling on the continuance. (See DR Form 19-20)

8.23 SETTLED JUDGMENT ENTRIES

(A) In cases where motions have been settled and the attorney has been required to submit a judgment entry, the judgment entry shall be submitted to the Magistrate assigned to the case within twenty (20) days of the trial date, unless an extension of time is granted. Failure to comply with this rule may result in the automatic dismissal of the motion by the Court.

(B) The Court may order either counsel to prepare the judgment entry setting forth the agreement of the parties. Said judgment entry shall be submitted to the opposing counsel prior to the submission to the Court. If counsel are unable to agree upon the judgment entry, the opposing counsel shall notify in writing, within five (5) days, the counsel who prepared the entry. Both counsel may thereafter submit an entry to the Court within ten (10) days of the written notice, and the Court shall direct which entry shall be filed. A judgment entry sent for signature which is not returned or rejected by opposing counsel within five (5) days, may be submitted to the Court without the signature of the opposing counsel or party, if the agreement was read on the record. All judgment entries not signed by both parties or legal counsel shall be accompanied by a copy of the transmittal letter indicating the date sent to the opposing counsel or party.

(C) If the agreement was not read on the record and a consent judgment entry can not be agreed upon, Counsel should timely seek a new trial date.

8.24 MANDATORY HEALTH INSURANCE LANGUAGE

(A) The original judgment entry shall contain the following language:

"The parties shall comply with the Court's Standard Order of Health Care Needs for Dependent Children and Additional Order of Health Care Needs for Dependent Children and the Plaintiff/Defendant shall be responsible for payment of medical expenses pursuant to said schedule."

(B) Any deviations from the schedule shall be specifically delineated in the judgment entry.

8.25 PSYCHOLOGICAL EVALUATIONS/GUARDIAN AD LITEM REPORTS (effective March 1, 2009)
A. Reports of psychological evaluations and guardians ad litem shall be submitted to the magistrate's office. These report(s) may be reviewed by legal counsel and/or the parties; however, the reports may not be copied nor taken from the third floor of the Safety Building without approval from the assigned magistrate or judge. The parties shall cooperate with psychological evaluations, including, but not limited to, making the minor children available to the psychologist.
B. The court’s chief magistrate is hereby designated as the contact person to accept and consider written comments and complaints regarding the performance of guardians ad litem. The chief magistrate shall maintain the appropriate records for approved guardians ad litem consistent with the court’s local rules and Rule 48 of the Rules of Superintendence. The chief magistrate shall maintain files for all applicants and for individuals approved for appointment as guardians ad litem with the court. The files shall contain all records and information required by Rule 48 of the Rules of Superintendence, and by local rules, for the selection and service of guardians ad litem including a certificate or other satisfactory proof of compliance with training requirements.

C. Prior to the guardian ad litem being placed on the approved guardian ad litem list, he or she shall submit to a civil background check, and criminal background check through the Miami County Sheriff’s Department on an annual basis.

D. The procedure for appointing/removing a guardian ad litem shall be as follows:
(1) If a motion for GAL is filed, it will be set for hearing before a magistrate.

(2) If the parties request a GAL for the first time during a pretrial conference, the court will appoint a GAL that is agreed upon by the parties.

(a) If there is an agreement, one of the attorneys will prepare a motion for GAL requesting the agreed upon GAL and a magistrate’s order appointing the agreed upon GAL.

(b) If the parties cannot agree on a GAL, a motion for GAL must be filed and the request will be set for hearing.

(c) The court will appoint a guardian ad litem from the court’s approved guardian ad litem list and said appointment will be on a rotating basis when the parties do not agree.

(3) For good cause shown a guardian ad litem may be removed from their services. To remove the guardian ad litem the party must file a motion with the court which will be heard by a magistrate.

(4) The court may remove a guardian from the list of approved guardians ad litem for a failure to abide by this rule or other just cause as deemed appropriate by the court. The final decision will be made by the administrative judge after consultation with the other judge.

(5) Whenever feasible, the same guardian ad litem shall be reappointed for a specific child in any subsequent case in any court relating to the best interest of the child.

E. Responsibilities of a guardian ad litem

In order to provide the court with relevant information and an informed recommendation regarding the child’s best interest, a guardian ad litem shall perform, at a minimum, the responsibilities stated in this division, unless impracticable or inadvisable to do so.

(1) A guardian ad litem shall represent the best interest of the child for whom the guardian is appointed. Representation of best interest may be inconsistent with the wishes of the child whose interest the guardian ad litem represents.

(2) A guardian ad litem shall maintain independence, objectivity and fairness as well as the appearance of fairness in dealings with parties and professionals, both in and out of the courtroom and shall have no ex parte communications with the court regarding the merits of the case.

(3) A guardian ad litem is an officer of the court and shall act with respect and courtesy to the parties at all times.

(4) A guardian ad litem shall appear and participate in any hearing for which the duties of a guardian ad litem or any issues substantially within a guardian ad litem’s duties and scope of appointment are to be addressed.

(5) A non-attorney guardian ad litem must avoid engaging in conduct that constitutes the unauthorized practice of law, be vigilant in performing the guardian ad litem’s duties and request that the court appoint legal counsel, or otherwise employ the services of an attorney, to undertake appropriate legal actions on behalf of the guardian ad litem in the case.

(6) A guardian ad litem who is an attorney may file pleadings, motions and other documents as appropriate under the applicable rules of procedure.

(7) When a court appoints an attorney to serve as both the guardian ad litem and attorney for a child, the attorney shall advocate for the child’s best interest and the child’s wishes in accord with the Rules of Professional Conduct. Attorneys who are to serve as both guardian ad litem and attorney should be aware of Rule 3.7 of the Rules of Professional Conduct and act accordingly.

(8) When a guardian ad litem determines that a conflict exists between the child’s best interest and the child’s wishes, the guardian ad litem shall, at the earliest practical time, request in writing that the court promptly resolve the conflict by entering appropriate orders.

(9) A guardian ad litem shall avoid any actual or apparent conflict of interest arising from any relationship or activity including, but not limited to, those of employment or business or from professional or personal contacts with parties or others involved in the case. A guardian ad litem shall avoid self-dealing or associations from which the guardian ad litem might benefit, directly or indirectly, except from compensation for services as a guardian ad litem.

(10) Upon becoming aware of any actual or apparent conflict of interest, a guardian ad litem shall immediately take action to resolve the conflict, and shall advise the court and the parties of the action taken and may resign from the matter with leave of court, or seek court direction as necessary. Because a conflict of interest may arise at any time, a guardian ad litem has an ongoing duty to comply with this division.

(11) Unless excepted by statute, by court rule consistent with this rule, or by order of court pursuant to this rule, a guardian ad litem shall meet the qualifications and satisfy all training and continuing education requirements under this rule and under any local court rules governing guardians ad litem. A guardian ad litem shall meet the qualifications for guardians ad litem for each county where the guardian ad litem serves and shall promptly advise each court of any grounds for disqualification or unavailability to serve.

(12) A guardian ad litem shall be responsible for providing the court or its designee with a statement indicating compliance with all initial and continuing educational and training requirements so the court may maintain the files required in division (G) of this rule. The compliance statement shall include information detailing the date, location, contents and credit hours received for any relevant training course.

(13) A guardian ad litem shall make reasonable efforts to become informed about the facts of the case and to contact all parties. In order to provide the court with relevant information and an informed recommendation as to the child’s best interest, a guardian ad litem shall, at a minimum, do the following, unless impracticable or inadvisable because of the age of the child or the specific circumstances of a particular case:

(a) Meet with and interview the child and observe the child with each parent, foster parent, guardian or physical custodian and conduct at least one interview with the child where none of these individuals are present;

(b) Visit the child at his or her residence in accordance with any standards established by the court in which the guardian ad litem is appointed;

(c) Ascertain the wishes of the child;

(d) Meet with and interview the parties, foster parents and other significant individuals who may have relevant knowledge regarding the issues of the case;

(e) Review pleadings and other relevant court documents in the case in which the guardian ad litem is appointed;

(f) Review criminal, civil, educational and administrative records pertaining to the child and, if appropriate, to the child’s family or to other parties in the case;

(g) Interview school personnel, medical and mental health providers, child protective services workers and relevant court personnel and obtain copies of relevant records;

(h) Recommend that the court order psychological evaluations, mental health and/or substance abuse assessments, or other evaluations or tests of the parties as the guardian ad litem deems necessary or helpful to the court; and

(i) Perform any other investigation necessary to make an informed recommendation regarding the best interest of the child.

(14) A guardian ad litem shall immediately identify himself or herself as a guardian ad litem when contacting individuals in the course of a particular case and shall inform these individuals about the guardian ad litem’s role and that documents and information obtained may become part of court proceedings.

(15) As an officer of the court, a guardian ad litem shall make no disclosures about the case or the investigation except in reports to the court or as necessary to perform the duties of a guardian ad litem. A guardian ad litem shall maintain the confidential nature of personal identifiers, as defined in Rule 44 of the Rules of Superintendence, or addresses where there are allegations of domestic violence or risk to a party’s or child’s safety. A guardian ad litem may recommend that the court restrict access to the report or a portion of the report, after trial, to preserve the privacy, confidentiality, or safety of the parties or the person for whom the guardian ad litem was appointed in accordance with Rule 45 of the Rules of Superintendence. The court may, upon application, and under such conditions as may be necessary to protect the witnesses from potential harm, order disclosure of or access to the information that addresses the need to challenge the truth of the information received from the confidential source.

(16) A guardian ad litem shall perform responsibilities in a prompt and timely manner, and, if necessary, an attorney guardian ad litem may request timely court reviews and judicial intervention in writing with notice to parties or affected agencies.

(17) A guardian ad litem who is to be paid by the court or a party, shall keep accurate records of the time spent, services rendered, and expenses incurred in each case and file an itemized statement and accounting with the court and provide a copy to each party or other entity responsible for payment.

F. Training requirements

In order to serve as a guardian ad litem, an applicant shall have, at a minimum, the following training:

(1) Successful completion of a pre-service training course to qualify for appointment and thereafter, successful completion of continuing education training in each succeeding calendar year to qualify for continued appointment.

(2) The pre-service training course must be the six hour guardian ad litem pre-service course provided by the Supreme Court of Ohio, the Ohio CASA/GAL Association’s pre-service training program, or with prior approval of the appointing court, be a course at least six hours in length that covers the topic areas in division (E) (3).

(3) To meet the requirements of this rule, the pre-service course shall include training on all the following topics:

(a) Human needs and child development including, but not limited to, stages of child development;

(b) Communication and diversity including, but not limited to, communication skills with children and adults, interviewing skills, methods of critical questioning, use of open- ended questions, understanding the perspective of the child, sensitivity, building trust, multicultural awareness, and confidentiality;

(c) Preventing child abuse and neglect including, but not limited to, assessing risk and safety;

(d) Family and child issues including, but not limited to, family dynamics, substance abuse and its effects, basic psychopathology for adults and children, domestic violence and its effects;

(e) Legal framework including, but not limited to, records checks, accessing, assessing and appropriate protocol, a guardian ad litem’s role in court, local resources and service practice, report content, mediation and other types of dispute resolution.

(4) The continuing education course must be at least three hours in length and be provided by the Supreme Court of Ohio or by the Ohio CASA/GAL Association, or with prior approval of the appointing court, be a training that complies with division (5) of this rule.

(5) To meet the requirements of this rule, the three hour continuing education course shall:

(a) Be specifically designed for continuing education of guardians ad litem and not pre- service education; and

(b) Consist of advanced education related to topics identified in division (E)(3) (a)–(e) of this rule.

(6) If a guardian ad litem fails to complete a three hour continuing education course within any calendar year, that person shall not be eligible to serve as a guardian ad litem until this continuing education requirement is satisfied. If the person’s gap in continuing education is three calendar years or less, the person shall qualify to serve after completing a three hour continuing education course offered under this rule. If the gap in continuing education is more than three calendar years that person must complete a six hour pre-service education course to qualify to serve.

(7) An individual who is currently serving as a guardian ad litem on the effective date of this rule, or who has served during the five years immediately preceding the effective date, shall have one year from the effective date to obtain the required six hour pre-service training in order to avoid removal from the court’s list of approved guardians ad litem.

(8) Attendance at an Ohio Guardian ad Litem Training Program approved by the Supreme Court of Ohio or at an Ohio CASA/Guardian Association pre-service training program at any time prior to the effective date of this rule shall be deemed compliance with the pre-service training requirement.

G. Reports of guardians ad litem

A guardian ad litem shall prepare a written final report, including recommendations to the court, within the times set forth in this division. The report shall detail the activities performed, hearings attended, persons interviewed, documents reviewed, experts consulted and all other relevant information considered by the guardian ad litem in reaching the guardian ad litem’s recommendations and in accomplishing the duties required by statute, by court rule, and in the court’s Order of Appointment. In addition, the final report shall be filed with the court and made available to the parties for inspection no less than seven days before the final hearing unless the due date is extended by the court. Written reports may be accessed in person by the parties or their legal representatives. The court shall consider the recommendation of the guardian ad litem in determining the best interest of the child only when the report or a portion of the report has been admitted as an exhibit.

8.26 MODIFICATION OF PARENTAL RIGHTS AND RESPONSIBILITIES
(POST-DECREE CHANGE OF CUSTODY)

When a post-decree modification of parental rights and responsibilities is sought, the party so moving shall provide the original Motion, Affidavit and Notice and the Child Custody Affidavit to the Assignment Commissioner. The Motion will be set for a Pre-Hearing Conference/Non-Contested Hearing before a Magistrate, at which time further hearings, referrals, investigations, assessments, etc. will be discussed and scheduled. If service on the other party is valid, and there is a failure by that party or counsel to appear, an uncontested custody hearing shall take place.

All post-decree notices referred to above motions for a modification of parental rights and responsibilities shall include the following language:

8.27 DISMISSAL OF CASES

(A) The Magistrate shall review or cause to be reviewed quarterly all assigned cases. Cases which have been on the docket for six (6) months without any proceedings taken therein; except cases awaiting trial assignments may be dismissed for want of prosection, unless good cause is shown to the contrary.

(B) Upon failure to comply with any local rule, statute, order, civil rule, or failure to timely journalize, the Magistrates may, after notice to counsel or a party (if they are unrepresented), exercise any sanction provided by the Civil Rules including dismissal.

(C) If the movant fails to obtain service upon their complaint or motion within 90 days of filing, the Court may dismiss same for want of prosecution.

(D) Once a case and/or motion has been dismissed other than upon its merits, it will not be reinstated unless a motion is filed within a reasonable time stating the reason for the request, and serving the same upon opposing counsel, or if there is no opposing counsel, upon the other party or parties. Said cause may immediately be scheduled for pre-trial and trial upon being reinstated.

(E) The unexcused failure of an attorney and/or party to appear for a hearing at the scheduled time, may result, within the discretion of the Court, in subjecting the offending person to any or all of the sanctions provided by Civil Rule 37, including dismissal.

(F) The Court may dismiss an action upon the showing that either party has failed to comply with all pre-trial orders.

Effective 1/1/2007
8.28 Mediation - Domestic Relations Actions
Introduction
The Miami County Court of Common Pleas, General Division, adopts Local Rule 8.28 effective January 1, 2007. Through Local Rule 8.28 the Miami County Court of Common Pleas, General Division incorporates by reference the R.C. 2710 “Uniform Mediation Act” (UMA), R.C. 3109.052 Mediation of Differences as to Allocation of Parental Rights and Responsibilities and Rule 16 of the Supreme Court of Ohio Rules of Superintendence.
(A) Definitions
All definitions found in the “Uniform Mediation Act” (UMA) R.C. 2710.01 are adopted by this court through this local rule including, but
not limited to the following:
(1) “Mediation” means any process in which a mediator facilitates communication and negotiation between the parties to assist them in reaching a voluntary agreement regarding their dispute.
(2) “Mediator” means an individual who conducts a mediation.
(3) “Mediation Communication” means a statement, whether oral, in a record, verbal or non verbal, that occurs during a mediation or is made for purposes of
considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.
“Proceeding” means either of the following:
a. Judicial, administrative, arbitral or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery;
b. A legislative hearing or similar process.
(B) Purpose
To promote greater efficiency and public satisfaction through the facilitation of the earliest possible resolution of domestic relations cases the court has adopted this local mediation rule.
(C) Scope
At any time any action under the jurisdiction of this court may be referred to mediation by the referring party(s).
(D) Case Selection
(1) Referral Process
The court, on its own motion, or the motion of any of the parties may refer disputed issues to mediation in whole or in part by “Notice of Scheduled Mediation” which shall, at a minimum indicate the date, time, place and contact information of the mediation. All parties and counsel shall advise the assigned judge or magistrate of any domestic violence allegations known to them to exist or to have existed in the past, or which become known to them following entry of the order but before conclusion of all mediation proceedings, which allegations involve any two or more persons whose attendance is required by the referral order.
(2) Eligibility of Cases
The Judge or Magistrate will determine the eligibility and appropriateness of each referral prior to the commencement of the mediation process and may decline any referral(s) deemed inappropriate.
(3) Mediator Selection and Assignment
The following methods may be used to determine the mediator for the case:
a. The court mediator may facilitate the mediation.
b. The court randomly assigns a mediator to the case from the court’s roster of approved mediators.
c. Specific appointments may be made by the court taking into consideration the qualifications, skills, expertise, and caseload of the mediator in addition
to the type, complexity and requirements of the case.
d. Parties may select a mediator from the court roster.
(E) Procedures
In accordance with all applicable provisions of this rule, if a case is deemed appropriate by the Judge or Magistrate, mediation will be scheduled. A mediator may meet with the parties individually prior to bringing the parties together for any reason including, but not limited to further screening. A mediator may schedule multiple mediation sessions, if necessary and mutually acceptable for the resolution of the issues in part or in their entirety. The case will proceed as follows:
(1) The court shall utilize procedures for all cases that will:
_ Ensure that parties are allowed to participate in mediation, and if the parties wish, that their attorneys and other individuals they designate are allowed to accompany them and participate in mediation.
_ Screen for domestic violence both before and during mediation.
_ Encourage appropriate referrals to legal counsel and other support services for all parties, including victims of and suspected victims of domestic violence.
_ Prohibit the use of mediation in any of the following:
o As an alternative to the prosecution or adjudication of domestic violence;
o In determining whether to grant, modify or terminate a protection order;
o In determining the terms and conditions of a protection order; and
o In determining the penalty for violation of a protection order.
Nothing in this division of this rule shall prohibit the use of mediation in a subsequent divorce or custody case even though that case may result
in the termination of the provisions of a protection order.
(2) Mediation of allocation of parental rights and responsibilities or the care of, or visitation with, minor children or delinquency or status offense cases shall
abide by all provisions set forth in (E) of this rule, mediation may then proceed, when violence or fear of violence is alleged, suspected, or present, only if the
mediator has specialized training set forth in “Qualifications” section (F) of this rule and all of the following conditions are satisfied:
_ The person who is or may be the victim of domestic violence is fully informed, both orally and in writing, about the mediation process, his or her right to decline participation in the mediation process, and his or her option to have a support person present at mediation sessions.
_ The parties have the capacity to mediate without fear of coercion or control.
_ Appropriate procedures are in place to provide for the safety of the person who is or may be the victim of domestic violence and all other persons present at the mediation.
_ Procedures are in place for the mediator to terminate mediation if he or she believes there is continued threat of domestic violence or coercion between the parties.
_ Procedures are in place for issuing written findings of fact, as required by R.C. 3109.052, to refer certain cases involving domestic violence to mediation.
(3) Confidentiality/Privilege
All mediation communications related to or made during the mediation process are subject to and governed by the “Uniform Mediation Act” (UMA) R.C. 2710.01 to 2710.10, R.C. 3109.052, the Rules of Evidence and any other pertinent judicial rule(s).
(4) Mediator Conflicts of Interest
In accordance with R.C. 2710.08(A) and (B), the Mediator assigned by the Court to conduct a mediation shall disclose to the mediation parties, counsel, if
applicable, and any nonparty participants any known possible conflicts that may affect the Mediator’s impartiality as soon as such conflict(s) become known
to the Mediator. If counsel or a mediation party requests that the assigned Mediator withdraw because of the facts so disclosed, the assigned Mediator should withdraw and request that the assigned Judge or Magistrate appoint another Mediator from the list of qualified Mediators that is maintained by the Court. The parties shall be free to retain the mediator by an informed, written waiver of the conflict of interest(s).
(5) Termination
If the assigned Mediator determines that further mediation efforts would be of no benefit to the parties, he or she shall inform all interested parties and the Court that the mediation is terminated using the procedure required by this Court.
(6) Stay of Proceedings
All remaining court orders shall continue in effect. No order is stayed or suspended during the mediation process except by written court order. Mediation shall not stay discovery, which may continue through the mediation process in accordance with applicable rules, unless agreed upon by the parties and approved by the judge or magistrate assigned to the case.
(7) Mediation Memorandum of Understanding
The assigned mediator, parties or counsel, if applicable, as agreed by the parties, may immediately prepare a written memorandum memorializing the agreement reached by the parties. The “Mediation Memorandum” may be signed by the parties and counsel (if the “Mediation Memorandum” is signed it will not be privileged pursuant to R.C. 2710.05 (A) (1)). The written “Mediation Memorandum of Understanding” may become an order of the court after review and approval by the parties and their attorney, if applicable. No oral agreement by counsel or with parties or an officer of the court will be regarded unless made in open court.
(8) Mediator Report
At the conclusion of the mediation and in compliance with R.C. 2710.06 the court shall be informed of the status of the mediation including all of the following:
_ Whether the mediation occurred or was terminated;
_ Whether a settlement was reached on some, all or none of the issues; and
_ Attendance of the parties.
_ Future mediation session(s), including date and time.
(F) Qualifications
To be a court approved mediator the following qualifications apply:
(1) General Qualifications and Training.
A mediator employed by the division or to whom the division makes referrals for mediation of allocation of parental rights and responsibilities, the care of, or
visitation with, minor children, abuse, neglect and dependency, or juvenile perpetrated domestic violence cases shall satisfy all of the following:
Possess a bachelor’s degree, or equivalent education or experience as is satisfactory to the division, and at least two years of professional experience with families. “Professional experience with families” includes mediation, counseling, casework, legal representation in family law matters, or such other equivalent experience satisfactory to the division.
Complete at least twelve hours of basic mediation training or equivalent experience as a mediator that is satisfactory to the division.
After completing the above training, complete at least forty hours of specialized family or divorce mediation training which has been approved by the Dispute Resolution Section of the Supreme Court.
(2) Specific Qualifications and Training: Domestic Abuse
A mediator employed by the division or to whom the division makes referrals for mediation of any case shall complete at least fourteen hours of specialized training in domestic abuse and mediation through a training program approved by the Ohio Supreme Court Dispute Resolution Section. A mediator who has not completed this specialized training may mediate these cases only if he/she co-mediates with a mediator who has completed the specialized training.
(G) Fees and Costs
All costs shall be determined by the court, if applicable. The parties may agree between themselves to apportion the costs of the mediation. Unless otherwise agreed by the parties, the mediation costs shall be shared equally. In the event that the parties cannot agree, the court shall determine the apportionment of the mediation costs to the parties. The court may waive costs for the parties who are unable to pay. Mediation shall not be ordered where a party is indigent unless the mediation is available at no cost to the party.
(H) Sanctions
If any individual ordered by the court to attend mediation fails to attend mediation without good cause, the court may impose sanctions which may include, but are not limited to, the award of attorney’s fees and other costs, contempt or other appropriate sanctions at the discretion of the assigned Judge or Magistrate.
(I) Model Standards
Mediators providing services for the court shall comply with the Model Standards of Practice for Family and Divorce Mediation, and the Special Policy Considerations for the State Regulation of Family Mediators and Court Affiliated Programs as set for in Rule 16 of the Supreme Court of Ohio Rules Superintendence for the Courts of Ohio.

8.29 PRETRIAL AND PREHEARING CONFERENCES

(A) A pretrial conference will be held in all cases involving divorce, legal separation and modification of parental rights and responsibilities. The attorneys and the parties shall be present for the pretrial conference unless other arrangements are made with the Court prior to the conference.

(B) The pretrial conference will be held with the parties and their attorneys participating.

(C) The purpose of the pretrial conference includes:

(1) Narrow the legal issues;
(2) Admit to facts not in dispute;
(3) Exchange records;

(4) Discuss the appointment of a guardian ad litem, sociological evaluator or psychologist.

(D) Failure of the parties to appear, or failure of the attorney to be prepared, or to appear, or to cooperate in good faith in conducting the pretrial conference may subject the attorney or party to sanctions pursuant to Civil Rule 37.

8.30 PAYMENT OF CHILD SUPPORT AND SPOUSAL SUPPORT

Due to statutory changes, any reference in these rules requiring child support or spousal support to be paid through the Miami County Child Support Enforcement Agency is amended to require child support or spousal support to be paid through the Ohio Child Support Payment Center as follows:

(A) For individual obligors, Ohio Child Support Payment Center, P.O. Box 182372, Columbus Ohio 43218;

(B) For employers, Ohio Child Support Payment Center, P.O. Box 182394, Columbus, Ohio 43218;

(C) For recoupment payments, Ohio Child Support Payment Center, P.O. Box 182380, Columbus, Ohio 43218.