Rowell v. Smith

2012 Ohio 4313, 978 N.E.2d 146, 133 Ohio St. 3d 288
CourtOhio Supreme Court
DecidedSeptember 26, 2012
Docket2011-1053
StatusPublished
Cited by29 cases

This text of 2012 Ohio 4313 (Rowell v. Smith) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rowell v. Smith, 2012 Ohio 4313, 978 N.E.2d 146, 133 Ohio St. 3d 288 (Ohio 2012).

Opinions

Lundberg Stratton, J.

{¶ 1} We must determine whether a juvenile court may issue temporary visitation orders in a pending case for custody under R.C. 2151.23(A)(2) between a parent and nonparent. For the reasons that follow, we hold that in exercising its jurisdiction under R.C. 2151.23(A)(2), a juvenile court may issue temporary [289]*289visitation orders that are in the best interest of the minor child during the litigation.

{¶ 2} Consequently, we reverse the judgment of the court of appeals and reinstate the trial court’s orders of June 30, 2010, and July 27, 2010.

Facts and Procedural History

{¶ 3} On September 9, 2003, appellee, Julie Ann Smith, gave birth to a daughter as the result of artificial insemination with sperm from an unknown donor. At the time, Smith was involved in a relationship with appellant, Julie Rose Rowell. Several years later, when Smith and Rowell’s relationship ended, Rowell filed a petition in juvenile court pursuant to R.C. 2151.23(A)(2) seeking an order for shared custody of the minor child and simultaneously requesting a temporary order granting her companionship time with the child.

{¶ 4} A magistrate issued a temporary order granting Rowell and Smith shared custody of the child. Smith moved to set aside the order. On January 15, 2009, the juvenile court granted Smith’s motion to set aside the magistrate’s temporary order, but issued another temporary order that again granted Rowell and Smith shared custody. On January 26, 2009, the court modified its previous order per Civ.R. 60(A) and issued another temporary order, this time designating Smith as the child’s legal custodian and residential parent and granting Rowell visitation rights.

{¶ 5} Soon thereafter, Rowell filed a motion for contempt for Smith’s failure to comply with the court’s orders. Smith opposed Rowell’s motion, arguing that the court had not had jurisdiction to award visitation rights to Rowell, so it also did not have the power to enforce the visitation order through contempt. On June 23, 2009, the trial court issued a decision and judgment entry finding Smith in contempt of its order of January 26, 2009. The court held that it had authority to issue temporary orders under Juv.R. 13(B)(1) and Loc.R. 5(D) of the Court of Common Pleas of Franklin County, Juvenile Division, allowing nonparent visitation and that Smith had violated the January 26, 2009 order and was in contempt. Smith filed a notice of appeal.

{¶ 6} The court of appeals reversed the finding of contempt, holding that the juvenile court had improperly used Civ.R. 60(A) to make a substantive change to the January 26, 2009 order on which the contempt finding was based. 186 Ohio App.3d 717, 2010-0hio-260, 930 N.E.2d 360.

{¶ 7} On February 18, 2010, a magistrate again issued an order that designated Smith as the child’s temporary custodian and granted Rowell temporary visitation. When Smith failed to comply with the February 18 order, Rowell filed another motion for an order finding Smith in contempt. On March 22, 2010, a magistrate found Smith guilty of contempt and sentenced her to three days in [290]*290jail, suspending the sentence if within 30 days of the order, Smith purged herself of contempt by allowing visitation and paying Rowell $2,500 for attorney fees and costs associated with prosecuting the motion for contempt. Smith failed to comply with the order giving her the terms of the opportunity to purge the contempt, and on June 28, 2010, Rowell moved for enforcement of the March 22 order. Smith filed objections to the magistrate’s March 22 decision.

{¶ 8} On June 30, 2010, the trial court overruled Smith’s objections to the magistrate’s decision and issued a decision and judgment entry of contempt. Smith appealed this decision to the Franklin County Court of Appeals in case No. 10AP-675.

{¶ 9} Initially, the court of appeals stayed the trial court’s imposition of the three-day jail sentence pending appeal, but in doing so, it stated: “The trial court orders in regard to visitation with the minor child are not stayed by virtue of this entry. This court will revisit the matter of this stay in the event [Smith] continues to violate orders of court.” Smith continued to disobey the court’s order, so the appellate court released its stay and directed Rowell to apply to the trial court for enforcement orders.

{¶ 10} On July 27, 2010, the court granted Rowell’s motion to enforce the contempt order. Smith appealed this decision to the Franklin County Court of Appeals in case No. 10AP-708.

{¶ 11} The court of appeals consolidated the appeals and stayed the trial court’s orders pending the outcome of the appeal. In a split decision, the court of appeals held that the juvenile court lacked authority to order visitation in an R.C. 2151.23(A)(2) custody case; thus, the court held, the underlying temporary order of February 18, 2010, was invalid and Smith could not be in contempt of an invalid order. The appellate court reversed the judgments and remanded the cause for further proceedings.

{¶ 12} The cause is before this court upon our acceptance of a discretionary appeal. 130 Ohio St.3d 1415, 2011-0hio-5605, 956 N.E.2d 308.

Analysis

{¶ 13} A juvenile court may exercise jurisdiction only if expressly granted the authority to do so by statute. See Ohio Constitution, Article IV, Section 4(B); R.C. 2301.03(A); In re Gibson, 61 Ohio St.3d 168, 172, 573 N.E.2d 1074 (1991). The term “jurisdiction” encompasses both subject-matter jurisdiction, i.e., the court’s power to adjudicate the merits of a case, and the exercise of that jurisdiction. “ ‘Once a tribunal has jurisdiction over both the subject matter of an action and the parties to it, “ * * * the right to hear and determine is perfect; and the decision of every question thereafter arising is but the exercise of the jurisdiction thus conferred * * ’ ” Pratts v. Hurley, 102 Ohio St.3d 81, 2004-[291]*291Ohio-1980, 806 N.E.2d 992, ¶ 12, quoting State ex rel. Pizza v. Rayford, 62 Ohio St.3d 382, 384, 582 N.E.2d 992 (1992), quoting Sheldon’s Lessee v. Newton, 3 Ohio St. 494, 499 (1854).

{¶ 14} In this case, Rowell filed her petition for shared custody under R.C. 2151.23(A)(2), which grants juvenile courts exclusive original jurisdiction “to determine the custody of any child not a ward of another court of this state.” This includes “custodial claims brought by the persons considered nonparents at law.” In re Bonfield, 97 Ohio St.3d 387, 2002-Ohio-6660, 780 N.E.2d 241, ¶ 43. Having acquired subject-matter jurisdiction, the juvenile court then issued temporary orders to permit visitation between Rowell and the minor child who is the subject of the complaint while the case was pending, citing as authority Juv.R. 13(B)(1) and Loc.R. 5(D) of the Court of Common Pleas of Franklin County, Juvenile Division.1 Under Juv.R. 13(B)(1), a “judge or magistrate may issue temporary orders with respect to the relations and conduct of other persons toward a child who is the subject of the complaint as the child’s interest and welfare may require.”

{¶ 15} On appeal to the court of appeals, Smith argued that a court must have statutory authority to act and that R.C.

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Bluebook (online)
2012 Ohio 4313, 978 N.E.2d 146, 133 Ohio St. 3d 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowell-v-smith-ohio-2012.