Craig v. Craig

2025 Ohio 4982
CourtOhio Court of Appeals
DecidedOctober 31, 2025
DocketS-25-013
StatusPublished

This text of 2025 Ohio 4982 (Craig v. Craig) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Craig v. Craig, 2025 Ohio 4982 (Ohio Ct. App. 2025).

Opinion

[Cite as Craig v. Craig, 2025-Ohio-4982.]

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT SANDUSKY COUNTY

McKayla Craig Court of Appeals No. S-25-013

Appellant Trial Court No. 24 DR 620

v.

Ian Craig DECISION AND JUDGMENT

Appellee Decided: October 31, 2025

***** Lisa Snyder, for appellee.

Shelly Kennedy, for appellant.

*****

SULEK, P.J.

{¶ 1} Appellant Ian Craig appeals the judgment of the Sandusky County Court of

Common Pleas, Domestic Relations Division, granting a divorce between him and

appellee McKayla Craig. For the reasons that follow, the trial court’s judgment is

affirmed. I. Factual Background and Procedural History

{¶ 2} Ian and McKayla were married on August 31, 2019. They have one child

from the marriage, E.C., born on October 15, 2022.

{¶ 3} On July 1, 2024, McKayla filed a complaint for a divorce.

{¶ 4} On October 28, 2024, the parties entered a consent judgment agreement for a

temporary order. In the temporary order, McKayla was designated the residential parent,

with Ian having parenting time as agreed when he is in the area on leave from his active

service in the United States military. The temporary order further set forth child support

and medical insurance obligations, and divided the automobiles between the parties. The

temporary order was signed by both Ian and McKayla.

{¶ 5} On March 6, 2025, the trial court held a hearing on the complaint for

divorce. Ian was not present at the hearing but was represented by his attorney and his

mother who was acting as his agent through a previously executed power-of-attorney.

Ian’s attorney did not have the executed power-of-attorney with him and had not filed it

in the case, but represented to the court that he prepared it and Ian executed it in his

presence.

{¶ 6} At the hearing, the parties announced that a settlement had been reached,

and the terms of the agreement were read into the record.

{¶ 7} Like the temporary order, McKayla was designated as the residential parent,

with Ian having parenting time when he is on leave from the military. The agreement

included an additional provision that Ian was required to give notice of his intent to visit

2. E.C. within 24 hours of his receiving notice of approved leave from the military. Other

terms of the agreement pertaining to E.C. were similar to the temporary order.

{¶ 8} The agreement also divided the parties’ property, with the parties splitting

Ian’s Thrift Savings Plan, but otherwise each retaining his or her own deposit and

retirement accounts, debts, and household goods and furnishings in his or her own

respective possession. The agreement also stated that Ian would pay spousal support in

the amount of $1,250 per month for a period of 12 months.

{¶ 9} Following the reading of the terms into the record, McKayla and Ian’s

mother were separately questioned and each assented to the agreement. The parties

presented the signed consent Judgment Entry of Divorce to the court, with Ian’s mother

signing on his behalf.

{¶ 10} McKayla’s counsel noted that the power-of-attorney needed to be filed

with the judgment entry. Ian’s counsel stated that the document was at his office and

inquired if it could be filed with the court the next day. The trial court responded,

[M]y intention of requiring [the power-of-attorney] wasn’t necessarily to hold up the decree, but I do think that there’s been an assurance that it would be filed today. Just need – my suggestion is, it’s filed with a Notice of Filing so that that is done as soon as practical as . . . it’s been represented today through testimony. I just think it’s better that that be filed.

{¶ 11} Following the hearing, the trial court approved and signed the consent

judgment entry, and it was filed on March 6, 2025. Ian’s counsel filed the power-of-

attorney on March 7, 2025.

3. II. Assignment of Error

{¶ 12} Ian timely appeals the March 6, 2025 judgment entry of divorce, asserting

one assignment of error for review:

1. The lower court abused its discretion in accepting a divorce settlement agreement outside the presence of the appellant and by relying solely on the testimony of an agent acting under [a] power of attorney.

III. Analysis

{¶ 13} In support of his assignment of error, Ian argues that the trial court should

not have accepted the divorce settlement agreement because he was not present and the

trial court did not receive direct confirmation of his intent and voluntary acceptance of

the settlement agreement, and because the trial court did not adequately examine whether

he had expressly or impliedly conferred authority on his mother to enter into the

settlement agreement on his behalf.

{¶ 14} “Absent fraud, duress, overreaching, or undue influence, a settlement

agreement entered into by parties in a divorce is enforceable.” Naples v. Naples, 2009-

Ohio-1427, ¶ 7 (9th Dist.), quoting Haas v. Bauer, 2004-Ohio-437, ¶ 16 (9th Dist.).

“[W]hen the parties agree to a settlement offer, [the] agreement cannot be repudiated by

either party, and the court has the authority to sign a journal entry reflecting the

agreement and to enforce the settlement.” Id., quoting Haas at ¶ 16. “This court reviews

a trial court’s decision to adopt a settlement agreement for an abuse of discretion.” Id.

An abuse of discretion connotes that the trial court’s ruling was arbitrary, unreasonable,

or unconscionable. Id., citing Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).

4. {¶ 15} Here, Ian’s mother, acting as his agent through the executed power-of-

attorney, conveyed his informed and voluntary acceptance of the settlement agreement.

If she had authority to do so, then the trial court received Ian’s direct consent, and the

settlement agreement is binding. See Cincinnati Golf Mgt., Inc. v. Testa, 2012-Ohio-

2846, ¶ 24 (“[B]inding the principal to agent-made contracts typically requires that the

agent make the contracts on the principal’s behalf with actual authority to do so.”

(Emphasis sic.)). Notably, Ian does not argue that his mother lacked the actual authority

to act as his agent in this manner in the divorce proceedings. Thus, his claims that the

trial court was required to obtain evidence of voluntary acceptance from him personally

are without merit.

{¶ 16} Alternatively, Ian argues that the trial court should have inquired into the

scope of his mother’s authority before accepting the settlement agreement. Again, Ian

does not contest the validity of his mother’s authority as his agent through the power-of-

attorney. Instead, he merely suggests that the trial court abused its discretion when it did

not investigate the matter more thoroughly before approving the settlement agreement.

{¶ 17} Upon review, the trial court’s decision to accept the settlement agreement

without first seeing the power-of-attorney form was not unreasonable, arbitrary, or

unconscionable. Considering Ian’s active-duty military service and his inability to be

present at the hearing, the trial court reasonably relied on the representation of Ian’s

counsel that the form had been completed and that it would be filed with the court the

next day. Its decision to sign the settlement agreement to not “hold up the decree,” was

not an abuse of discretion.

5. {¶ 18} In sum, the trial court received direct evidence of Ian’s consent to the

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Related

Haas v. Bauer
804 N.E.2d 80 (Ohio Court of Appeals, 2004)
Blakemore v. Blakemore
450 N.E.2d 1140 (Ohio Supreme Court, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
2025 Ohio 4982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craig-v-craig-ohioctapp-2025.