Tuscarawas County Ohio Local Rule Standard Parenting Time Visitation Schedule

July 11, 2008

PLEASE TAKE NOTE: Counties change their local visitation schedules. The county you live in may have changed their rule(s) yesterday. The county you live in may have different visitation schedules for Juvenile Court and Domestic Court. The rule may have been changed or updated since the last time this web page was updated. In addition, if you already have a visitation schedule pursuant to local rule, and that schedule was attached to your parenting time orders, it is POSSIBLE that the court did not mean for YOUR visitation schedule to change if the local visitation schedule in your county changes. The local visitation schedules are put on this website as a courtesy and are updated as often as possible. They are NOT legal advice and they are NOT meant to help you figure out if a decision you are about to make would be a violation of an existing court order. If you want to make sure that you have the most current version of the local rule in your county, you can either look on your county Clerk of Court’s website, go to your local Clerk of Court’s office, or call your local Clerk of Court.

Click here to get a list of phone numbers for the Clerk of Court in your county.

If you know that the court in this county has implemented a new rule, PLEASE tell us by e-mailing us at info@cornwell-law.com and we will update our website.

The office of the Clerk of Court cannot give you legal advice. This website, although prepared in part by attorneys, cannot and does not give you legal advice. You can only get legal advice by talking to an attorney of your choice about the facts of your case, and the law as it applies to the facts of your case.

If you understand the information you have just read and would like to see the most recent local rule visitation schedule we have on our website, see the information below:

Tuscarawas County – Standard Parenting Orders And Incidental Rules

I. In order that non-residential/non-custodial parents shall have the opportunity to enjoy companionship with their child(ren) and continue a meaningful relationship, the following regular companionship schedule and rules shall be observed and followed in every case unless the parties provide for a different companionship schedule.

A. Weekends:

1. Unless otherwise specifically agreed upon or ordered by the Court, every other weekend from Friday at 7:00 p.m. to Sunday at 7:00 p.m.

2. For child(ren) age 15 and older, companionship shall be expected to take place every other weekend, with the days and times to be agreed upon between the parties, taking into account the wishes and needs of the child(ren), the child(ren)’s work schedule, and the child(ren)’s involvement in school, summer or other extracurricular activities.

3. If any weekend companionship occurs on a weekend when Monday is a holiday (including Labor Day and Memorial Day) the companionship shall be extended until Monday at 7:00 p.m.

B. Mid-Week: In addition to the above, the non-residential/non-custodial parent shall have companionship (1) week-night each week. If the parties are unable to agree, then this mid-week companionship time shall be every Wednesday evening from 5:30 p.m. until 7:30 p.m., except if the child is of school age and school is not in session, then the mid-week companionship time shall be extended until 9:00 p.m.

C. Child(Ren)’S Birthday:

1. In even-numbered years, the non-residential/non-custodial parent shall have the child(ren) on the child’s birthday from 9:00 a.m. to 7:00 p.m. if a non-school day, or from 6:00 p.m. to 9:00 p.m. if a school day.

2. In odd-numbered years, the non-residential/non-custodial parent shall have the child(ren) on the day before or the day after the child’s birthday for (3) hours from 6:00 p.m. to 9:00 p.m. if on a school day or weekday; and from 10:00 a.m. to 6:00 p.m. if on a Saturday or Sunday.

3. This birthday companionship shall take priority and precedence over weekend and mid-week companionship.

D. Mother’s Day And Father’s Day: Unless otherwise specifically agreed upon or ordered by the Court, Mother’s Day shall always be spent with the mother and Father’s Day shall always be spent with the father. If the parties cannot agree upon times, the time shall be from 9:00 a.m. to 8:00 p.m. The child(ren) shall spend the rest of the weekend with the parent who would otherwise be entitled to companionship that weekend under these rules.

E. Extended Vacation:

1. The non-residential/non-custodial parent shall be entitled to (6) weeks of extended vacation companionship each year, in addition to the other companionship provided herein. This extended vacation companionship must be exercised in minimum time periods of two (2) weeks, and the non-residential/non-custodial parent shall have the right to determine whether to exercise the extended vacation companionship in periods of (2), (4), or (6) weeks. In the event that the non-residential/non-custodial parent exercises his/her extended vacation companionship in time blocks of more then two (2) consecutive weeks, then the residential/custodial parent shall be entitled to weekend companionship every other weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m., beginning the Friday of the second full week of extended vacation companionship, and continuing every other weekend thereafter during the remainder of the extended vacation companionship.

2. The non-residential/non-custodial parent shall provide not less than (60) days advance written notice of their intent to exercise extended vacation companionship.

3. The non-residential/non-custodial parent’s choice of extended vacation companionship shall have priority over the residential/custodial parent’s choice, unless the residential/custodial parent’s vacation is an annual mandatory shutdown at their place of employment, or unless the residential/custodial parent has previously booked vacation reservations or made vacation plans and provides written notification of these plans/reservations to the non-residential/non-custodial parent on or before March 31^st of each year.

4. All extended vacation companionship shall be concluded so that the child(ren) are back with the residential/custodial parent at least one (1) full week before the start of school for the following school year.

5. Any daycare, babysitting or supervision expenses incurred by the non-residential/non-custodial parent during the exercise of their extended vacation companionship shall be as the sole cost of the non-residential/non-custodial parent unless pre-existing daycare, babysitting or supervisory providers are utilized by the parties during this extended vacation companionship.

F. Holidays: Parents may wish to change holiday companionship by agreement at least one (1) week in advance in order to observe family or religious traditions. If not changed by agreement, holiday times are as follows:

Holiday	Even Numbered Years	Odd Numbered Years	Times
Easter	Father	Mother	10 am – 7 pm
July 4^th	Mother	Father	9 am July 4^th – 9am July 5^th
Thanksgiving	Father	Mother	9 am Thursday – 9 am Friday
Christmas Eve	Mother	Father	9 pm December 23^rd – 9pm December 24^th
Christmas Day	Father	Mother	9 pm December 24^th – 9 pm December 25^th

G. Spring Break: Unless otherwise agreed, the parties shall alternate the entitlement of Spring Break from school every other year, with the parent who receives the Easter holiday in any given year also receiving Spring Break for that year.

H. Holiday Break (Christmas/New Year’s): Unless otherwise agreed, the parties shall divide the Holiday Break from school involving the Christmas and New Year’s holidays equally, with each party receiving half, with the exception of Christmas Eve and Christmas Day, which shall be divided as set forth above:

1. In even-numbered years, the Mother shall be entitled to the first half of this holiday break and the Father shall be entitled to the second half.

2. In odd-numbered years, the Father shall be entitled to the first half of this holiday break and the Mother shall be entitled to the second half.

II. Rules Governing Companionship Time

Parents are encouraged to work together to establish rules and guidelines so as to make the companionship schedule beneficial for both parties and the child(ren). Parents are encouraged to continue to co-parent their child(ren) and abide by whatever code of conduct is the most appropriate for them and their child(ren). Unless otherwise agreed between the parties, the following Rules Governing Companionship Time shall apply:

A. Specific companionship rights such as Holidays, Birthdays, Mother’s and Father’s Day, Extended Vacation, Spring Break and Holiday Break shall take precedence and priority over standard alternate weekend and mid-week companionship rights. Companionship rights granted under Paragraph I(D) for Mother’s Day and Father’s Day, and paragraph I (F) for Holidays, take priority over extended vacation companionship unless otherwise agreed between the parties or ordered by the Court.

B. Unless otherwise agreed or ordered by the Court, the non-residential/non-custodial parent shall pick up the child(ren) at the beginning of each and every companionship time, and the residential/custodial parent shall pick up the child(ren) at the end of each and every companionship time. Neither party shall be required to wait longer than (30) minutes for the other party to appear at the beginning or end of the companionship to pick up said child(ren). A parent more than (30) minutes late at the beginning of companionship shall forfeit that companionship unless they have previously notified the other parent at least one (1) hour in advance.

C. The non-residential/non-custodial parent shall give (24) hours advance notice of cancellation of companionship rights.

D. The residential/custodial parent shall advise when a child(ren) is ill and unable to visit as a result with as much advance notice as practicable. When companionship occurs during a time when the child(ren) is taking medicines, then appropriate medicines with instructions shall be provided to the non-residential/non-custodial parent for each companionship time.

E. The residential/custodial parent shall send sufficient clean clothes to last the entire companionship time and all such clothes shall be returned (cleaned when feasible).

F. Companionship rights granted shall be exercised; companionship not taken is waived. However, companionship not taken on because of actions of the residential/custodial parent is not waived, but accrues and shall be granted within (30) days.

G. The non-residential/non-custodial parent shall be entitled to telephone contact in addition to the above companionship rights, with the child(ren) at least once per week at the non-residential/non-custodial parent’s cost. During such time that the non-residential/non-custodial parent is exercising extended vacation companionship as set forth in Paragraph I (E) above, the residential/custodial parent shall be entitled to similar telephone contact with the child(ren) at least once per week at the expense of the residential/custodial parent.

H. The residential/custodial parent shall have the child(ren) available for companionship at the beginning of each companionship time and the non-residential/non-custodial parent shall have the child(ren) available for pickup at the end of each companionship time.

I. The residential/custodial parent shall, to the best of their ability prepare the child(ren) physically and emotionally for all companionship contact.

J. Each parent shall refrain from voicing criticism of the other parent, either in or out of the presence of the child(ren), and shall further do everything in their power to encourage others to refrain from similar conduct.

K. Companionship time shall not be used by either parent to check on the other parent. Neither parent shall interrogate the child(ren) during or following the companionship time as a means to gather information regarding the other parent or activities of the other parent.

L. Neither parent shall consume alcohol to excess or use illegal drugs while in the presence of the child(ren).

M. Both parents shall strive for consistency and agreement in all matters regarding the child(ren), including disciplinary matters.

N. Summer School necessary for the child(ren) to pass to the next grade, or as recommended by the appropriate school official, must be attended and official notice of such requirement shall be given to the non-residential/non-custodial parent. In the event the non-residential/non-custodial parent elects to exercise their companionship time during summer school, they shall be responsible to make sure the child(ren) attends summer school as necessary.

O. The non-residential/non-custodial parent shall be responsible to see that any and all homework of the child(ren) is done during any and all companionship.

P. The residential/custodial parent shall furnish to the non-residential/non-custodial parent copies of all grade reports, disciplinary notices and/or communications, and information regarding school pictures within seven (7) days of the receipt of such information, or in a timely manner.

Q. Each parent must provide the other parent with destination, times of arrival and departure, method of travel, together with emergency telephone or contact numbers, if any extended vacation companionship will be taken away from that parent’s residence.

R. Any person transporting a child(ren) for companionship periods established under these rules must possess a valid driver’s license, and all child(ren) shall be properly restrained in the manner required by law during such transport.

Tuscarawas County – Long-Distance Parenting Orders And Incidental Rules

A. The following shall be applicable in the cases where parents reside more than 150 miles (one-way) from each other, unless the parents otherwise agree.

B. The non-residential/non-custodial parent shall be afforded (8) weeks of companionship with the child(ren) during the traditional summer school vacation months of June, July and August. For a child(ren) age (15) and older, this companionship time shall be expected to take place as set forth herein, taking into account the wishes and needs of the child(ren), the child(ren)’s work schedule, and the child(ren)’s involvement in school, summer or other extra-curricular activities.

1. These visits may occur in blocks of time of four (4) weeks. The non-residential/non-custodial parent shall provide advance notice of intent to exercise this companionship of not less than (60) days. The non-residential/non-custodial parent’s choice of vacation has priority over the residential/custodial parent’s choice, unless the residential/custodial parent’s vacation is an annual mandatory shutdown of the place of employment, or unless the residential/custodial parent is required by an employer to give more than (60) days notice of intent to take a vacation and the non-residential/non-custodial parenthas no similar requirement. Likewise, the residential/custodial parent must give the other parent not less than (60) days advance notice of vacations or special plans for the child(ren) to avoid planning conflicts.

2. Summer School necessary for the child(ren) to pass to the next grade, or as recommended by the appropriate school official, must be attended and official notice of such requirement shall be given to the non-residential/non-custodial parent. In the event the non-residential/non-custodial parent elects to exercise their companionship time during summer school, they shall be responsible to make sure the child(ren) attends summer school as necessary.

3. Each parent must provide the other parent with destination, times of arrival and departure, method of travel, together with emergency telephone or contact numbers, if any extended vacation companionship will be taken away from that parent’s residence.

C. The non-residential/non-custodial parent shall be responsible for picking up the child(ren) or otherwise arranging transportation, and paying for the same, at the commencement of companionship. The residential/custodial parent shall be responsible for picking up the child(ren) or otherwise arranging transportation, and paying for the same, at the conclusion of companionship. The parties, if using airlines for said transportation, are encouraged to work together and obtain a round-trip ticked and split the costs.

D. The non-residential/non-custodial parent shall be entitled to (1) additional week during the Christmas holiday and (1) additional week during the Easter break. Christmas companionship shall commence December 26 through January 1. Easter companionship shall be arranged by the non-residential/non-custodial parent at least (30) days in advance and may include Easter day during odd-numbered years.

E. The non-residential/non-custodial parent shall be entitled to telephone contact in addition to the above companionship rights, with the child(ren) at least once per week at the non-residential/non-custodial parent’s cost. During such time that the non-residential/non-custodial parent is exercising extended vacation companionship as set forth in Paragraph B(1) above, the residential/custodial parent shall be entitled to similar telephone contact with the child(ren) at least once per week at the expense of the residential/custodial parent.

F. These Orders will be modified by the Court if there is good cause shown for such change.

G. Each of the parties shall abide by these orders in the best interest of the child(ren). Failure of either party to abide by these orders could result in contempt of court sanctions. This includes the Orders that require the residential/custodial parent to take the child(ren) for visitation on the ordered days.

H. Companionship rights granted shall be exercised; companionship not taken is waived. However, companionship not taken on because of actions of the residential/custodial parent is not waived, but accrues and shall be granted within (30) days.

I. The residential/custodial parent shall, to the best of their ability prepare the child(ren) physically and emotionally for all companionship contact.

K. Companionship time shall not be used by either parent to check on the other parent. Neither parent shall interrogate the child(ren) during or following companionship time as a means to gather information regarding the other parent or activities regarding the other parent.

L. Neither parent shall consume alcohol to excess or use illegal drugs while in the presence of the child(ren).

M. Both parents shall strive for consistency and agreement in all matters regarding the child(ren), including disciplinary matters.

N. The residential/custodial parent shall furnish to the non-residential/non-custodial parent copies of all grade reports, disciplinary notices and/or communications, and information regarding school pictures within seven (7) days of the receipt of such information, or in a timely manner.

O. Any person transporting a child(ren) for companionship periods established under these rules must possess a valid drivers license, and all child(ren) shall be properly restrained in the manner required by law during such transport.

Summit County Ohio Local Rule Parenting Time and Visitation Schedule

July 11, 2008

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If you know that the court in this county has implemented a new rule, PLEASE tell us by e-mailing us at info@cornwell-law.com and we will update our website.

If you understand the information you have just read and would like to see the most recent local rule visitation schedule we have on our website, see the information below:

_______________________

Summit County Parenting Time Schedule ORC §3109.051 And Local Rule 25 Adopted 5 -1- 91, Amended 02-07-97, 03-31-2001

Domestic Relations Division	Judge Carol J. Dezso
Summit County Court of Common Pleas	Judge John P. Quinn

The best parenting time schedule is your own plan. However, if you cannot agree, this Court designed this schedule to insure that your child(ren) will have frequent and consistent contact with the non‑residential parent. If there are objections to this schedule because of special circumstances (for example: travel time, work schedules), or problems (for example: substance abuse, mental illness, violence), you may present specific facts in a scheduled hearing stating why this parenting time is not in the best interest of your child.

PLEASE NOTE: Summer vacations shall take precedence over the holiday schedule and the holiday schedule shall take precedence over the normal weekly schedule. When parenting times are in conflict due to the ages of the children, the schedule of the oldest child under age 14 shall apply for all children.

A. WEEKEND AND MIDWEEK

1. For Children from Birth to 18 Months

Three weekly times for 2-6 hours, on the days and times the parties can agree. If the parties cannot agree, then the days shall be every Saturday from 2:00 p.m. to 6:00 p.m. and every Tuesday and Thursday from 5:30 p.m. until 8:00 p.m., unless otherwise ordered by the Court.

2. For a Child 18 Months to Three Years

One or two weekly times for 2‑6 hours, plus one overnight, on the days and times the parties can agree. If the parties cannot agree, then the days shall be every Tuesday and Thursday from 5:30 p.m. until 8:00 p.m. and overnight from Friday at 5:30 p.m. until Saturday at 5:30 p.m., unless otherwise ordered by the Court.

3. For Children From Age Three Through Age 13

Every other weekend from Friday after school (as soon as non‑residential parent can pick up the child) until Sunday at 7:00 p.m., plus one evening a week, as the parties may agree. If the parties cannot agree, the midweek will be Wednesday from 5:30 until 8:00 p.m. and alternating weekends from 5:30 p.m. Friday until Sunday at 7:00 p.m., unless otherwise ordered by the Court.

4. For A Child Age 14 and Older

Parenting time is expected to take place weekly, with the days and times to be agreed upon between the child and the nonresidential parent.

B. SUMMER VACATION – 4 WEEKS COMMENCING AT AGE 18 MONTHS

1. For any child under age 18 months, vacation shall be taken in no longer than one‑week segments. For older children, vacation may be taken in one, two, three, or four week periods.

2. During vacation periods extending more than two weeks, the residential parent shall have the same mid week parenting as the non‑residential parent, if the child(ren) is/are in the vicinity.

3. Each parent must provide the other parent with his/her vacation destination and telephone number, where he/she can be reached, times of arrival and departure, and method of travel.

4. Non residential parent’s schedule shall have priority over residential parent’s unless residential parent’s vacation time is mandated by provisions of his/her employment (such as annual plant shut down). The parties shall give written notice of the vacation schedule at least 60 days in advance.

C. HOLIDAY PARENTING TIME, BEGINNING AT AGE 18 MONTHS:

Holiday	Even #’D Years	Odd #’D Years	Days And Times
1. Martin Luther King Day	father	mother	9:00 a.m. to 7:00 p.m.
2. President’s Day	mother	father	9:00 a.m. to 7:00 p.m.
3. Easter Sunday	father	mother	9:00 a.m. to 7:00 p.m.
4. Spring break*	father	mother	5:30 p.m. day school ends to 7:00 p.m. day before school begins
5. Memorial Day	mother	father	5:30 p.m. Fri preceding to Mon. @ 7:00 p.m.
6. 4th of July	father	mother	5:30 p.m. 07/03 to 11:00 p.m. 07/04
7. Labor Day	mother	father	5:30 p.m. Fri. preceding to Mon. @ 7:00 p.m.
8. Halloween	father	mother	4 hours on “trick or treat” day/night or in each neighborhood
9. Thanksgiving*	father	mother	5:30 p.m. Wed. to Fri. @ 7:00 p.m.
	mother	father	7:00 p.m. Fri. to Sun. @ 7:00 p.m.
10. Christmas Eve	father	mother	9:00 a.m. 12/24 to 10:00 p.m.
11. Christmas Day	mother	father	10:00 p.m. 12/24 to 7:00 p.m. 12/25
12. New Year’s Eve	father	mother	5:30 p.m. 12/31 to 7:00 p.m. O1/O1

13. Winter break* divide equally

*(or as the parties may otherwise agree in writing)

D. DAYS OF SPECIAL MEANING

Religious or ethnic holidays alternate between the parties yearly, 9:00 a.m. to 7:00 p.m.
Mother’s and Father’s Day with respective parents, 9:00 a.m. to 7:00 p.m.
Children’s birthdays with father in even numbered years and mother in odd numbered years, 9:00 a.m. to 7:00 p.m. All siblings to attend.
Parent’s birthdays 9:00 a.m. to 7:00 p.m.

E. NOTIFICATION OF CHANGE OF RESIDENCE.

Each parent shall keep the other parent notified of any change in address and/or telephone number. If the residential parent intends to move to a residence outside Summit County, he/she shall immediately file a Notice of Intent to Relocate with the Court and shall serve copies upon the Court, CSEA, and the other parent. If the parents cannot, by written agreement, agree that the move is in the best interest of the child(ren), the residential parent shall file tat motion and schedule a hearing to revise the companionship schedule prior to relocating. O.R.C. §3109.051(G)(1).

F. ACCESS TO RECORDS, DAY CARE AND ACTIVITIES

Each party is entitled, under the same terms and conditions under which access is provided to the residential parent, to access
1. any school, health, or agency records or reports that are related to the child(ren); 2. any child day care center which the child attends; and, 3. any student activity in which the child(ren) participate. O.R.C. §3109.051(H),(I),(J).

Revised January, 2003

Summit County Courthouse Annex, 209 S. High Street, Akron, OH 44308

Stark County Ohio Local Rule Standard Parenting Time Visitation Shared Parenting Schedule

July 11, 2008

Click here to get a list of phone numbers for the Clerk of Court in your county.

If you know that the court in this county has implemented a new rule, PLEASE tell us by e-mailing us at info@cornwell-law.com and we will update our website.

If you understand the information you have just read and would like to see the most recent local rule visitation schedule we have on our website, see the information below:

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Stark County Rule Dr 16 -Allocation Of Parental Rights And Responsibilities

16.01 Parenting Time Schedule

If the court order or decree indicates that the court schedule is the order for parenting time, then the Order of the Court is the following:

STARK COUNTY FAMILY COURT
PARENTING TIME SCHEDULE
EXHIBIT A

1. WEEKENDS:

Beginning on a specific date___________ , every other weekend from Friday night at 6 P.M. to Sunday night at 6 P.M.

2. MIDWEEK:

In addition, the child(ren) shall spend a minimum of one week day parenting time as follows:

For a child not yet in mandatory education, 5 P.M. to 7:30 P.M.
For a child in grades Kindergarten – 8th grade, 5 P.M. to 8 P.M.
For a high school student, 5 P.M. to 9 P.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 midweek parenting time is Wednesday. If a child is in a child care arrangement, the nonresidential parent may not pick up the child from the caretaker without the prior permission of the residential parent, preferably in writing.

3. DAYS OF SPECIAL MEANING:

(A) Mother’s Day shall always be spent with the mother; 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 is 10 A.M. to 7 P.M. Then the child(ren) shall spend the rest of the weekend with the parent who normally has that weekend.

(B) 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. The nonresidential parent must provide one week’s notice of his or her intent to have parenting time for a birthday. If the parties cannot agree, the time is 10 A.M. to 8 P.M., for a child not in school on the birthday, and 5 P.M. to 8 P.M. for a child in school on his birthday.

The other parent can celebrate on another date. The child’s birthday is to be spent with the designated parent, even if the other parent is entitled to weekend, midweek, holiday or vacation with the child. Brothers and sisters attend the birthday event.

(C) Other days of special meaning, such as religious holidays, Martin Luther King Day, etc., should be discussed and written into the court order.

4. HOLIDAYS:

Parents may wish to change by agreement a holiday at least one week in advance in order to observe family or religious traditions. If not changed by agreement, holiday times are as follows:

Holiday	Even numbered	Odd numbered	As agreed, or
	years	years
Easter	Father	Mother	Sun 10 am‑7 pm
Memorial Day	Mother	Father	Sun 7 pmMon 8 pm
July 4th	Father	Mother	7/4 9 am 7/5 9 am
Labor Day	Mother	Father	Sun 7 pm Mon 8 pm
Thanksgiving	Father	Mother	Thur 9 am Fri 9 am
Christmas Eve	Mother	Father	12/23 9 pm 12/24 10 pm
Christmas Day	Father	Mother	12/24 10 pm 12/25 9 pm
New Year’s	Mother	Father	12/31 5 pm 1/1 9 pm
Day/Eve
Martin Luther	Father	Mother	Sun 6 pm – Mon 6 m
King Day

(A) A holiday that falls on a weekend shall be spent with the parent who is designated to have the child(ren) for that holiday, and the other parent shall have the child(ren) for the rest of the weekend. This time does not have to be made up.

5. VACATIONS:

(A) weeks of parenting time each year are to be arranged by the nonresidential parent with not less than sixty (60) days advance notice. The nonresidential parent’s choice of vacation has priority over the residential parent’s choice, unless the residential parent’s vacation is an annual mandatory shutdown of the place of employment, or unless the residential parent is required by an employer to give more than sixty (60) days notice of intent to take a vacation and the nonresidential parent has no similar requirement. Likewise, the residential parent must give the other parent not less than sixty (60) days advance notice of vacations or special plans for the child to avoid planning conflicts.

(B) Summer school necessary for the child to pass to the next grade must be attended. Extended parenting time (vacation) may be scheduled by either parent during a mandatory summer school period, but the child must attend all classes.

(C) Each parent must provide the other parent with destination, times whether to exercise vacation in periods of two, three, four or five weeks.

(D) Alternate weekends which normally would be spent with the residential parent, which fall during the nonresidential parent’s vacation must be given to the residential parent, or made up at another time. Alternate weekends which normally would be spent with the nonresidential parent and that fall during the residential parent’s vacation must be given to the nonresidential parent to be made up at another time.

6. The residence of the child is not to be moved from the State of Ohio without first obtaining a modified parenting time order from the Family Court.

7. A parent late more than thirty minutes shall forfeit that parenting time unless the nonresidential notified the residential at least one hour prior thereto.

8. Parenting time does not mean picking the children up and then leaving them with someone else, except short periods with relatives.

9. These orders will be modified by the Court if there is good cause shown for such change.

10. It is ORDERED, ADJUDGED, and DECREED that the parties abide by these orders in the best interest of the children. Failure of either party to abide by these orders could result in a finding of contempt. This includes the orders that require the residential parent to have the children prepared for parenting time as well as the orders that require the nonresidential parent to take the children for parenting time on the ordered days.

16.02 In all cases involving parental rights of children, compliance with the Uniform Child Custody Jurisdiction Act (U.C.C.J.A.) is mandatory. Failure to comply can have serious consequences for the parties and counsel. The Court will hear no case involving parental rights without evidence of compliance with this Act.

16.03 Attached to a motion for modification of allocation of parental rights shall be an affidavit of the moving party, reciting facts sufficient to establish a prima facie case for granting the requested relief. The Court may summarily dismiss the motion or make other appropriate orders including investigation, pretrial, interim placement of children, visitation, and support pending the hearing on the motion. Such interim orders may be made upon statements of counsel, the affidavits supplied, and a parental rights investigation, if any.

16.04 Procedure upon Motions for Modification of Allocation of Parental Rights

(A) A psychological evaluation may be required in contested parental rights cases. The Court may sign any appropriate order requiring the examination and cooperation of the parties and their children.

The parties will be expected to make their own financial arrangements for the procuring of the examination. A written report from the agency or examiner will be expected prior to ,’the hearing day.

(B) Assignment The Assignment Commissioner will assign the case for oral hearing following the receipt of notice that the written evaluation has been received by the moving party’s attorney and a copy mailed to the adverse attorney. Such evaluation will be delivered at the oral hearing.

(C) Oral Hearing The Court or Magistrate will conduct the oral hearing as a pretrial. If the affidavit is insufficient, the Court may dismiss the motion or grant a continuance for the purpose of correcting the deficiency. If testimony is necessary, the case will then be assigned for testimony.

Shelby County Ohio Rule 22 Guidelines for Visitation

July 11, 2008

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_________________

Shelby County Rule Twenty Two – Guidelines For Visitation

Revised July 1.1999

I. Purpose

Companionship (visitation) is a time for children to do things with the parent with whom they do not live. It provides an opportunity for that parent to engage in activities and teach skills which will make the time rewarding to everyone concerned. Helping the children find friends in the visiting parent’s neighborhood makes the new area seem more like home to them. Contact with both parents is important to the children, and companionship arrangements should accordingly be encouraged.

II. Visitation Schedule

The following schedule shall apply unless otherwise specified by an order or Judgment Entry involving the parties. The word “cycle” as used in this Rule refers to a period of four (4) consecutive weeks rather than a calendar month. Since several months of each year contain more than four (4) weeks, each visitation cycle will in time change in relation to the week of the calendar month in which it falls. Weekend visitation will commence on the first Friday following the date of filing of such Order of Judgment Entry, unless it otherwise provides. Such weekend will be deemed the “first weekend” of the cycle, again unless otherwise provided.

A. Weekends

Visitation shall start on the first weekend after filing of such Judgment Entry, and shall consist of the following repeating four‑week cycle:

1. On the first and third weekends, from Friday at 7:00 p.m. to Sunday at 7:00 p.m. during the school year, and from Friday at 7:00 p.m. to Sunday at 8:00 p.m. during summer breaks and before holidays;

2. On the second weekend, from 6:00 p.m. to 9:30 p.m. on Friday; 3. On the fourth weekend, no visitation. 4. Visitation shall not be delayed or denied because a child has other

scheduled social, athletic, work or school activities. The visiting parent, however, must allow the child to participate in all mandatory scholastic activities and should‑‑unless prevented from so doing by the

nature of the visitation‑‑allow the child to participate in other regularly scheduled activities. The residential parent shall inform the visiting parent reasonably in advance of such activities, advising the visiting parent of dates, times, transportation needs and the like so that the child is not unnecessarily deprived of such activities and the friendships thereby maintained. The parents should discuss, reasonably agree upon and arrange such activities, taking into account both the needs of the visiting parent and the needs of the child. A failure by either parent to be concerned with the needs of the child for such activities shall be taken into account by the court in any post judgment visitation proceeding. Each parent should encourage the other to attend all of the child’s school and sports activities.

B. Mid week

Visitation shall additionally be allowed on one weekday per week, according to the following schedule:

1. For a child 12 year of age or younger, from 5:00 p.m. to 8:00 p.m.

2. For a child 13 years of age or older, 5:00 p.m. to 9:00 p.m.

If the visitation involves more than one child, the hour or return shall be based on the age of the youngest child. If the parents cannot agree on a particular day for such visitation, then Wednesday is hereby designated for such purpose.

C. Days of Special Meaning

1. 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 balance of the weekend. Unless otherwise agreed, the time spent with the appropriate parent shall be from 10:00 a.m. to 7:00 p.m.

2. The birthday of each child shall be spent with the mother in evennumbered years and the father in odd‑numbered years, provided that the visiting parent give one week’s notice of his or her intent to exercise such birthday visitation. Such visitation shall take place from 10:00 a.m. to 8:00 p.m. for a child not then in school, and from 5:00 p.m. to 8:00 p.m. for a child then in school. Visitation for the child’s birthday shall take precedence over other visitations. The custodial parent shall take all reasonable steps to ensure the attendance of the child’s brothers and sisters at the birthday event.

D. Holidays

Holiday shall be spent with the father or mother according to the following schedule:

	Even Numbered Years	Odd Numbered Years	As Agreed Or
Easter & Spring Break	Father	Mother	Sun., 10 a.m. to 7 p.m.
Memorial Day	Mother	Father	Sun., 7 p.m. to Mon., 8 p.m.
July 4th	Father	Mother	7/4, 9 a.m. to 7/5, 9 a.m.
Labor Day	Mother	Father	Sun.,7 p.m. to Mon., 8 p.m.
Halloween	Father	Mother	5 p.m. to 8 p.m.
Thanksgiving	Mother	Father	Thurs., 9 a.m. to Fri., 9 a.m.
Christmas Eve	Father	Mother	12/23, 9 a.m. to 12/25,10 a.m.
Christmas Day/Vacation	Mother	Father	12/25, 10 a.m. to 12/31, 5 p.m.
New Year’s Eve/Day	Father	Mother	12/31, 5 p.m. to 01/01, 9 P.M.

Holiday visitation takes precedence over all other visitations.

E. Vacation Visitation

1. The visiting parent shall be entitled to four weeks of visitation each year, to be taken in one or more periods of not less than one week each. Such parent must give notice at least 30 days in advance of any one‑week visitation period, and at least 60 days in advance for each visitation period of two or more weeks. The visiting parent’s right of vacation visitation takes precedence over that of the residential parent, unless that parent’s annual vacation period is ordered by his or her employer to take place during a specific designated time. The residential parent shall give the other parent at least 60 days’ advance notice of such mandatory vacation period, and reasonable notice of other planned vacations or special events involving the children. A residential parent’s vacation shall not exceed 14 consecutive calendar days without providing an opportunity for visitation by the noncustodial parent.

2. Vacation visitation must be exercised in such a manner as to allow the child to attend all classes mandated by his or her school curriculum or required for advancement to the next school grade.

3. Each parent shall provide the other with the location, arrival and departure times, and method of travel to and from any vacation taking place outside that parent’s community.

4. A parent denied visitation by reason of the other parent’s vacation with the child shall be allowed to make up such visitation within a reasonable time thereafter. Such time shall not exceed 90 days in the case of the noncustodial parent. The parent seeking such “make up” visitation shall give the other parent at least 30 days notice of the weekend(s) during which such make up visitation shall be exercised. Failure of either parent to exercise such “make up” visitation within six months shall constitute a waiver of such right for such vacation.

III. Visitation Procedures

A. Child’s Response to Visitation

1. It is the absolute affirmative duty of the custodial parent to ensure that his or her child participates in visitation.

2. If a child indicates strong opposition to being with the other parent, it is the responsibility of each parent to appropriately deal with the situation, both by working with the child and with the other parent, avoiding in each case confrontations or unpleasant scenes.

3. If the parties cannot resolve the problem among themselves and the child, it is the duty of each parent to seek and participate in immediate assistance by a counselor or other mental health professional.

B. Exercise of Visitation

1. It is not necessary to give advance notice of the exercise of scheduled visitation.

2. The residential parent shall have each child emotionally and physically ready for the visitation.

3. When more than one child is involved, visitation will be exercised with all children together.

4. The visiting parent will not return the child prior to the end of the visitation period unless otherwise agreed in advance.

5. The residential parent shall arrange to be present or have a responsible adult present at the return site at the proper time.

6. Unless otherwise agreed or provided by court order, the visiting parent has the responsibility to pick up and return each child. If the visiting parent is unavailable for such pick up or return, then he or she must provide a responsible adult well known to the child for this purpose. Only a licensed driver may transport the child in a motor vehicle; all child restraint laws must be followed. No person under the influence drugs or alcohol shall be associated in any way with transporting the child.

7. The residential parent shall provide sufficient appropriate clean clothing for each visitation period. If an anticipated visitation activity requires special or unusual clothing needs, the visiting parent must notify the other parent at least two days in advance of such need. If the child does not have the specialized type of clothing required for such activity, the residential parent is under no obligation to provide it. All clothing sent by the residential parent must be returned with the child by the visiting parent.

8. A visiting parent must provide time for each child to study and complete necessary home work assignments and other school assigned projects, even if such requirements interfere with planned visitation activities. The residential parent shall, however, have the child complete such school assignments prior to visitation whenever reasonably practical. The residential parent must inform the visiting parent of the nature and deadline date of any assigned school work.

9. A parent who continually fails to pick up or return the child promptly or who habitually returns the child before completing the visitation period shall, in the discretion of the court, be subject to the same sanctions as a parent who fails to exercise visitation. A residential parent who habitually fails to provide a secure environment for the child upon its timely return by the visiting parent may be subjected to similar sanctions.

C. Visitation Cancellations

1. Except in case of emergency a visiting parent must give notice of his or her intent not to exercise visitation at least twenty‑four hours in advance of such visitation. Cancelled visitations are forfeited, and need not be made up. A parent who continually fails without good cause to exercise visitation may have such visitation curtailed, modified or made subject to certain conditions, all as determined in the reasonable discretion of the court upon motion by the other parent.

2. The residential parent has no duty to wait for the visiting parent for more than 30 minutes beyond the time set for visitation, unless the visiting parent notifies the residential parent that the or she will be late, and the residential parent agrees to remain available for a longer period of time. Such agreement shall not be unreasonably withheld.

D. Illness or Injury of a Child

1. Each parent must immediately notify the other parent of any illness or injury of the child requiring medial or dental consultation, in‑patient or out‑patient hospital treatment or the giving of prescription mediation.

2. If a child is injured or becomes ill prior to a scheduled visitation, the residential parent must contact the visiting parent and discuss the advisability of such visitation, taking into account the best interest of the child. In deciding the matter of visitation the parent should consider the nature of the illness or injury, the danger of contagion, the ability of the visiting parent to provide proper care, the nature of planned visitation activities and any other matter of importance.

3. If an ill or injured child participates in a visitation, then the residential parent must provide written instructions and sufficient medication for the child’s proper care while with the other parent. The visiting parent must comply with any appropriate medical directions, and must notify the other parent if the child’s condition worsens or fails to improve as anticipated.

4. If the parents determine that the child should not go on visitation, then the visiting parent, unless otherwise prohibited by law or by an order of this court may spend a reasonable time ‑‑ that is, a time which does not conflict with the child’s medical needs or the reasonable schedule of the residential parent with the child at the residential parent’s home.

5. The inability of one child to participate in visitation will not affect the right or the responsibility of the visiting parent to visit with other children subject to the visitation order, unless the ill child has contagious disease to which the other children have been exposed.

6. Visitation cancelled due to a child’s illness or injury may be made up by the visiting parent within 90 days of the child’s return to health. The procedure for such make‑up shall be as provided in Local Rule I for visitation missed by reason of vacation.

7. The visiting parent is responsible for the health and safety of the child with whom he or she visits, and must secure appropriate emergency treatment, if necessitated by the child’s condition. The residential parent shall keep the visiting parent informed of the name and address of the child’s pediatrician or family physician, required insurance information and the like.

8. Subject to law and other rules of this court pertaining to medical expenses, the residential parent shall be responsible to provide prescription medications and therapeutic equipment for and during all visitations, including vacations, for a child who suffers a chronic disease or disability.

9. If a visiting parent reasonably questions the residential parent’s judgment that a child may not participate in visitation by reason of a claimed injury or illness, such visiting parent shall have the right to have the child examined at his or her expense by the child’s pediatrician or family physician. The residential parent shall authorize the release to the visiting parent of all medical information available to such physician concerning such child, except only information which in the judgment of the physician may relate to a possible past or present abuse of the child by the visiting parent. The residential parent must cooperate in the scheduling and taking of such an examination, and in the release of such information to the visiting parent.

IV. Communications

Companionship between visiting parents and their children involves much more than compliance with a visitation schedule. It includes the right of regular communication by mail,

telephone and in this modern age of telecommunications ‑‑ computer generated electronic mail, facsimile transmissions and the like. Communications between the parents, however strained their relationship may be, is also important, since it enables each of them to better provide for the child. Accordingly:

A. Each parent has the right to telephone access to the child at all reasonable time for all reasonable purposes. If the parents cannot agree as to the timing, frequency and length of such communications, the following apply:

1. The parent with whom the child is not then living may talk with he child on the telephone twice each week;

2. A visiting parent may call a child once during a cancelled visitation, regardless of the reason for the cancellation;

3. Except in cases of emergency, phone calls shall not be made during the child’s normal bedtime hours;

4. Phone call shall not last more than 15 minutes; 5. If the child is unavailable to take the call, the residential parent shall be responsible to ensure that the child promptly returns the call;

6. A child is permitted to call either parent with any reasonable frequency, at any reasonable time and for any reasonable duration. If such call involves a long‑distance or other toll charge, it shall be made collect, unless the other parent otherwise agrees.

B. Each parent shall encourage frequent communication between the child and the other parent, and shall not do anything to impeded or restrict such communication, whether by phone, mail or other means. Mail between a child and either parent shall be kept strictly confidential between them, and shall not be open or read by the other parent unless the child so requests it or the child is unable to read.

C. Unless otherwise provided by law or court order, each parent shall keep the other informed of his or her current address and telephone number, his or her work telephone number (unless calls are not permitted at work) and an alternate telephone number for emergencies. “Current address” means both mail address and sufficient description or directions to enable the other parent to locate the residence. When it is anticipated that the child will spend an extended time away from the residence of both parties, then the party having such information will provide the other party with the child’s temporary address and telephone number, if feasible.

V. Visitation Under Special Circumstances

If circumstances make it not in the best interest of a child to comply with the terms of this standard order, each party shall cooperate with the other in establishing a visitation schedule and procedure which take into account such special circumstances, the needs of the visiting parent and the best interests of the child. If the parties are unable to reasonably determine or agree upon such a schedule and procedure, they shall enlist the services of a .counselor or medical professional to assist them in preparing and following such arrangements. Should they still be unwilling or unable to reach a reasonable agreement, then either party may petition the court for an order of special visitation. Under these special circumstances for visitation the court may allocate safety and transportation costs between or among parties or entirely to one party, taking into account the activities and status of each party resulting in the specialized visitation circumstances, the relative financial abilities of the parties, the cooperation or lack of cooperation by each party in regard to resolution of visitation problems, and any other relevant factors.

A. Lone Distance Visitation Over 100 Miles

In lieu of visitation under Section II, a non‑residential parent residing more than One Hundred (100) miles from the child may exercise visitation with that child as follows:

1. Six (6) weeks visitation during the child’s summer vacation from school.

2. The child’s Spring break from school, not to exceed one (1) week. 3. At Christmas time, in the even‑numbered years, from the day after the last day of school through December 26; in the odd‑numbered years, from December 27 to the day before school commences.

4. Up to four (4) additional non consecutive weekends each year, upon giving at least thirty (30) days written notice to the residential parent.

5. In case of emergencies, such as death or illness, where the giving of a thirty (30) day prior notice is impractical, either parent shall be entitled to access to the child that is reasonable under the circumstances.

B. Infants and Pre‑School Aye Children

1. The Court recognizes that any visitation program involving infants requires special attention to the needs of each child, and that a comprehensive, standardized rule of visitation is not always appropriate.

A visitation schedule designed with regard to school attendance and vacations is obviously not automatically relevant to a three‑year old. In such situations the parties are ordered to confer directly or through counsel to establish a visitation program which takes into account the availability of the child, the child’s parenting needs and the schedules of the parents. This does not mean, however, that the parents may not mutually agree to follow the standard orders of this Rule, particularly in the case of older pre‑school children.

2. Parents shall take into account in establishing a visitation schedule

for pre‑school children all factors relevant in regard to the physical and emotional maturity of each such child. Such factors shall take into account breast or bottle feeding, attendance in Head‑Start or other pre‑school programs, attendance at kindergarten, special infant health problems and the like. Each parent is responsible to make reasonable arrangements for the sharing (or if necessary for the separate provision) of clothing, strollers, infant car seats, diapers, formulas, baby bottles, and other items and equipment necessary for the child’s welfare.

VI. School Participation

In addition to other rights of the visiting parent in regard to the child’s school attendance and activities (See Section VII):

A. The residential parent shall take all necessary action with school authorities of any school in which the child subject to visitation is enrolled to:

1. List the other parent on the child’s school records; 2. Authorize the school to release to the other parent all relevant information concerning the child;

3. Ensure that the other parent receives copies of any school notices involving the child.

B. The residential parent shall promptly transmit to the other parent any information received concerning parent‑teacher meetings, school club meetings, school programs, athletic schedules and any other school activities in which the child is involved or may be interested.

C. The residential parent shall promptly provide the other parent with a photocopy of the child’s grades or other progress reports, and copies of any report concerning the child’s status or progress.

D. The residential parent shall, whenever possible, arrange appointments for parent teacher conferences and other meetings involving the child at a time when the other parent can be present. The other parent, upon such notice, shall take all reasonable steps to attend such conference or meeting.

VII. Statutory Notices

In addition to these rules, special statutes control the conduct of parties to marriage termination proceedings concerning their children. To the extent that such statutes now or hereafter conflict with the provisions of these Local Rules, then the statutes, and not these rules, control. Accordingly, each party should become familiar with the following statutes:

A. Relocation Notice: Pursuant to Ohio Revised Code §3109.051(G), the parties hereto are hereby notified as follows:

IF THE RESIDENTIAL PARENT INTENDS TO MOVE TO A RESIDENCE OTHER THAN THE RESIDENCE SPECIFIED IN THE PARTIES’ JUDGMENT ENTRY, SAID RESIDENTIAL PARENT SHALL FILE A NOTICE OF INTENT TO RELOCATE WITH THIS COURT. EXCEPT AS PROVIDED IN O.R.C. SECTIONS 3109.051(G)(2), (3), AND (4), A COPY OF SUCH NOTICE SHALL BE MAILED BY THE COURT TO THE NON‑RESIDENTIAL PARENT. UPON RECEIPT OF THE NOTICE, THE COURT, ON ITS OWN MOTION OR THE MOTION OF THE NON‑RESIDENTIAL PARENT, MAY SCHEDULE A HEARING WITH NOTICE TO BOTH PARTIES TO DETERMINE WHETHER IT IS IN THE BEST INTERESTS OF THE CHILD OR CHILDREN TO REVISE THE VISITATION OR PARENTING SCHEDULE FOR THE CHILD OR CHILDREN.

B. Day Care Center Access Notice: Pursuant to Ohio Revised Code §3109.06(I), the parties hereto are hereby notified as follows:

EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND IN ACCORDANCE WITH O.R.C. §5104.011, THE PARENT WHO IS NOT THE RESIDENTIAL PARENT IS ENTITLED TO ACCESS TO ANY DAY CARE CENTER THAT IS OR WILL BE ATTENDED BY THE CHILD OR CHILDREN WITH WHOM VISITATION IS GRANTED, TO THE SAME EXTENT THAT THE RESIDENTIAL PARENT IS GRANTED ACCESS TO THE CENTER.

C. Records Access Notice: Pursuant to Ohio Revised Code §3109.051(H), and 3319.321(B)(5)(a) the parties hereto are notified as follows:

EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY THE PARTIES’ JUDGMENT ENTRY, AND SUBJECT TO O.R.C. SECTIONS 2301.35(G)(2) AND 3319.321(F), THE NONRESIDENTIAL PARENT IS ENTITLED TO ACCESS, UNDER THE SAME TERMS AND CONDITIONS AS THE RESIDENTIAL PARENT, TO ANY RECORD THAT IS RELATED TO THE CHID OR CHILDREN AND TO WHICH SAID RESIDENTIAL PARENT OF THE CHILD LEGALLY IS PROVIDED ACCESS, INCLUDING SCHOOL RECORDS. ANY KEEPER OF A RECORD, PUBLIC OR PRIVATE, WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER, IS IN CONTEMPT OF COURT.

D. School Activities Notice: Pursuant to Ohio Revised Code §3109.051(J), the parties hereto are hereby notified as follows:

EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY THE PARTIES’ JUDGMENT ENTRY, AND SUBJECT TO O.R.C. §3319.321, THE NON‑RESIDENTIAL PARENT IS ENTITLED TO ACCESS UNDER THE SAME TERMS AND CONDITIONS AS THE RESIDENTIAL PARENT, TO ANY STUDENT ACTIVITY THAT IS RELATED TO THE CHILD OR CHILDREN AND TO WHICH THE RESIDENTIAL PARENT OF THE CHILD LEGALLY IS PROVIDED ACCESS.

VIII. Illness and Injury

A. The residential parent shall promptly inform the other parent of any illness of

the child requiring medical attention. Elective surgery shall be performed only after consultation with the other parent. The other parent shall be consulted before emergency surgery if time permits, and shall in any event be informed of such surgery as soon as possible.

IX. Prohibited Conduct; Sanctions

A. The following conduct is prohibited:

1. Criticizing the other parent in the presence of the child.

2. Attempting to modify the religious practice of the child without having first consulted the other parent.

3. Habitually failing to spend significant time with the child during visitation periods. Failing to encourage a child to visit with the other parent (except upon the reasonable and substantiated belief that such visitation will result in abuse to the child).

4. Habitually failing to promptly pick up the child for visitation.

5. Habitually failing to promptly return the child after visitation.

6. Habitually returning the child prior to the end of a scheduled visitation.

7. Cancellation of visitation without reasonable notice.

8. Cancellation of visitation without reasonable justification.

9. Neglecting, endangering or abusing the child during any visitation.

10. Interfering with telephonic or mail communication between the child and other parent.

11. Failing to keep the other parent required of the child’s whereabouts when required by the terms of this Local Rule.

12. Habitually failing to ensure that the child completes mandatory school assignments while on visitation.

13. Failing to ensure that the child attends mandatory school activities during visitation.

14. Failing to keep the other parent informed of a parent’s address and telephone number.

15. Failing to inform the other parent of a serious or potentially serious accident, injury or illness involving the child.

16. Consuming an unreasonable amount of alcoholic beverage or any amount of a controlled substances (other than prescription medication) while exercising visitation, whether or not the child is then and there present.

17. Failing to provide clean, adequate clothing for visitation; or to return such clothing after visitation.

18. Other acts omission of commission found to violate the spirit or terms of this Local Rule.

B. Any of the rights or responsibilities described in this Local Rule may be enforced by the court on motion of either party. Penalties for interference wit such rights or failure to comply with such responsibilities may include incarceration in the Shelby County Jail, fines, the award of attorney fees, modification or curtailment of visitation and, if necessary, loss of residential or shared parenting rights.

C. No party may withhold the rights granted by this Local Rule because the other party fails to pay child support, maintain medical insurance, pay medical bills or the like. Other remedies, including the free services of the Shelby County Child Support Enforcement Agency, exist to correct such problems.

X. Implementation

A. Unless otherwise clearly indicated by the text, the use of the word “child” in this rule refers to any number of children with whom a visitation order is concerned. Although the phrase “visiting parent” is used for convenience, it includes the residential parent when the parent’s role is temporarily of a noncustodial nature, such as when the visiting parent has the child for a summer vacation. The parties shall apply common sense in applying such definitions.

B. The parties to a visitation arrangement may agree as to any matter of

visitation in any way that they mutually and reasonably agree to be in the best interest of the child. Such agreement need not be formal and need not be in writing. However, to the extent that the parties now or hereafter fail to agree on any matter described in this Rule, then the provisions of this Rule dealing with such matter shall automatically control their conduct. Any party who claims in a post judgment proceeding to excuse his or her conduct by claiming that it is conformed to the parties’ agreement shall have the burden of proof as to the existence of such an agreement.

C. It shall be the duty of an attorney for a party to explain to that party his or her rights and responsibilities under this rule, and to furnish a copy of this rule to such party.

[RULE 22 REVISED July 1,1999]

Scioto County Local Rule 6, Standard Parenting Time or Visitation Order

July 11, 2008

Click here to get a list of phone numbers for the Clerk of Court in your county.

If you know that the court in this county has implemented a new rule, PLEASE tell us by e-mailing us at info@cornwell-law.com and we will update our website.

If you understand the information you have just read and would like to see the most recent local rule visitation schedule we have on our website, see the information below:

_____________________

Scioto County Domestic Relations Court – Standard Parenting Time Order (current as of June, 2009)

ARTICLE 6: PARENTING TIME AND CUSTODY ISSUES

Rule 6.00 Standard Parenting Time Order

(A) Preface

Children require the continued and regular involvement of both parents despite the termination of a relationship. No standard Parenting Time schedule can possibly meet the needs of every parent-child relationship and therefore the Court encourages parties to submit agreements of parenting times which will meet their specific circumstances.

During and after the termination of a family relationship, there is often a crisis period during which families are under great stress because of loss, conflict and change. Unfortunately, whether intentional, or otherwise children tend to become pawns in a struggle between their parents. Most studies indicate, and psychologists uniformly agree, that the children who “do best” following divorces are those families which maintain lower levels of conflict. The absence of conflict is just as important as the amount of time either parent spends with the child.

The Court adopts this Standard Parenting Time Schedule in the hopes that it is unnecessary. It is only when the parents cannot agree that the Court will require the provisions of this Standard Parenting Time Schedule to be utilized. In such cases where the parents cannot agree to parenting times, the Court’s Standard Parenting Time Schedule will be considered controlling and the Court encourages the parties to minimize conflicts as much as possible. Specific items in the Journal Entry take precedence over this schedule. This schedule in no way affects support obligations or payments.

When a journal entry or divorce decree confers “the right of reasonable Parenting Time” upon the non-residential parent, this rule shall be considered incorporated by reference and made a part of the entry or decree. Attorneys shall provide copies hereof to clients involved in any child custody/Parenting Time litigation.

(B) Types of Parenting Times

Careful consideration has been given to fostering Parenting Time between the child(ren) and the non-residential parent after the parents terminate their relationship. The frequency of contact depends upon a multitude of factors, but the two most important factors considered by the Court are the age of the child and the distance between the respective homes of the parents The Court has divided and established three distinct schedules according to travel time/distance and each schedule is further detailed according to the child’s age.

(A) Schedule A (LOCAL): The Local schedule is applicable to those situations where the parties live relatively near to each other, (i.e. one way driving time of approximately 1 hour, or approximately within a 60 mile radius).

(B) Schedule B (REGIONAL): The Regional schedule is applicable to those situations where the parents reside over 1 hour away (one way) to approximately 2 ½ hours away (one way), (approximately 61-150 miles away).

(C) Schedule C (LONG DISTANCE): The Long Distance schedule is applicable to those situations where the parents reside over 2 ½ hours away (one way), (approximately beyond 151 miles).

(1) Birth – Five Years:

Ÿ Particularly with very young children, the more frequently the non-residential parent sees the child(ren), the more appropriate it is to have longer periods of time with the non-residential parent.

Ÿ If the non-residential parent has not had regular contact with the child, short periods of parenting time must precede extended periods.

Ÿ With children over the age of 3 months, and particularly with children in the preschool years, more overnight time may be appropriate, subject to the temperament of the child and the circumstances of each family.

Ÿ The Court recognizes the difficulties of non-residential parents living great distances from very young children. However, at an extremely early developmental age, the non-residential parent will necessarily be expected to bear a greater burden in attempting to establish and maintain the parent-child relationship.

(2) Six – Eleven Years:

Ÿ Elementary school age children can adapt to longer periods of separation from their principal caretakers than younger children.

Ÿ The needs of the 6-11 year old child with regard to school schedules, homework, and extra-curricular activities must be respected.

Ÿ Adjusting to and moving back and forth between two households increases the complexity of life for a child. It may, therefore, be necessary to simplify other aspects of a child’s life, e.g. by reducing the number of outside activities.

Ÿ The Court recognizes that non-residential parents living greater distances from their children should begin to have more frequent and longer contact with the child away from the primary caretaker, assuming the non-residential parent has established an appropriate relationship with the child. This requires a shift of more responsibility and flexibility on the part of the primary caretaker (residential parent) in encouraging and facilitating Parenting Time.

(3) Age Twelve – Teenage years:

Ÿ Parents should respect a teenager’s need to spend time with peers and in organized activities, and less time with each parent, especially during weekends and summer holidays. Quality of time is more important than a rigid schedule. Flexibility in scheduling is necessary.

Despite these divisions, the primary goal is to maintain parental involvement between the non-residential parent and the child(ren). Optimistically, the parties would establish as much flexibility as possible to accommodate each other. However, where that is not possible, these schedules provide for MINIMAL parental contact. For the best interests of the child(ren) parents are encouraged to establish additional parenting times for the non-residential parent.

(D) Parenting Time Schedules

(1) Schedule A (LOCAL): The non-residential parent shall have Parenting Time as follows:

(1) Age: Birth-3 Months: Frequent short visits in the baby’s home, unless otherwise specified. If the residential parent is not employed outside the home, daily from 6:00 p.m. until 8:00 p.m.. If the residential parent is employed outside the home, every other day from 6:00 p.m. until 8:00 p.m. The non-residential parent may take the child out for walks or drives if sleeping and feeding are provided for.

(2) Age: 3 Months-3 years: Frequent shorter visits per agreement, or, Tuesday and Thursday evenings from 5:30 p.m. until 8:00 p.m. One day every weekend, alternating Saturday/Sunday from 10:00 a.m. until 6:00 p.m. *(Beginning at 12 months, the Saturday Parenting Time will begin on Friday at 6:00 p.m. and extend through Saturday at 6:00 p.m.

	MON.	TUES.	WED.	THURS.	FRI	SAT.	SUN.
WEEK 1		X		X			D
WEEK 2		X		X		D*
WEEK 3		X		X			D
WEEK 4		X		X		D*

X=Evenings

D=10:00 a.m. to 6:00 p.m.

(3) Age: 3-5 years: Tuesday and Thursday evenings from 5:30 p.m. until 8:30 p.m. plus a rotating four week schedule as follows:

Week 1: Friday 6:00 p.m. until Saturday at 6:00 p.m.

Week 2: Saturday 6:00 p.m. until Sunday at 6:00 p.m.

Week 3: Friday 6:00 p.m. until Sunday at 6:00 p.m.

Week 4: Residential parent’s weekend.

	MON.	TUES.	WED.	THURS.	FRI	SAT.	SUN.
WEEK 1		X		X	O
WEEK 2		X		X		O
WEEK 3		X		X	O	O
WEEK 4		X		X

X=Evenings

O=Overnights

(4) Age: 6- 11 years: Alternate weekends from Friday evening at 6:00 p.m. until Monday morning before school, or summer care. Non-residential parent responsible for getting child to school on Monday mornings as part of their alternate weekend. Plus, overnight on the Thursday evening following that weekend from 6:00 p.m. to before school, or summer care, with non-residential parent responsible for getting child to school on Friday and from 6:00 p.m. to 8:00 p.m. on the following Tuesday evening.

	MON.	TUES.	WED.	THURS.	FRI	SAT.	SUN.
WEEK 1		X			O	O	O
WEEK 2				O
WEEK 3		X			O	O	O
WEEK 4				O

X=Evenings

O=Overnights

(5) Age: 12-18 years: Tuesday and Thursday evenings from 5:30 p.m. until 8:30 p.m. Plus, a rotating four week schedule as follows:

Week 1: Friday 6:00 p.m. until Saturday at 6:00 p.m.

Week 2: Saturday 6:00 p.m. until Sunday at 6:00 p.m.

Week 3: Friday 6:00 p.m. until Sunday at 6:00 p.m.

Week 4: Residential parent’s weekend.

	MON.	TUES.	WED.	THURS.	FRI	SAT.	SUN.
WEEK 1		X		X	O
WEEK 2		X		X		O
WEEK 3		X		X	O	O
WEEK 4		X		X

X=Evenings

O=Overnights

(2) Schedule B (REGIONAL): The non-residential parent shall have Parenting Time as follows:

(a) Age: Birth-3 Months: Same as Schedule A

(a) Age: 3 Months-3 years: Frequent shorter visits per agreement, or, Tuesday evenings from 5:30 p.m. until 7:30 p.m. One day every weekend, alternating Saturday/Sunday from 10:00 a.m. until 6:00 p.m. *(Beginning at 12 months, the Saturday Parenting Time will begin on Friday at 6:00 p.m. and extend through Saturday at 6:00 p.m.

	MON.	TUES.	WED.	THURS.	FRI	SAT.	SUN.
WEEK 1		X					D
WEEK 2		X				D*
WEEK 3		X					D
WEEK 4		X				D*

X=Evenings

D=10:00 a.m. to 6:00 p.m.

(b) Age: 3-5 years: Tuesday evenings from 5:30 p.m. until 7:30 p.m. plus alternate weekend overnight Parenting Time as follows:

Week 1: Friday 6:00 p.m. until Saturday at 6:00 p.m.

Week 2: Saturday 6:00 p.m. until Sunday at 6:00 p.m.

Week 3: Friday 6:00 p.m. until Sunday at 6:00 p.m.

Week 4: Residential parent’s weekend.

	MON.	TUES.	WED.	THURS.	FRI	SAT.	SUN.
WEEK 1		X			O
WEEK 2		X				O
WEEK 3		X			O	O
WEEK 4		X

X=Evenings

O=Overnights

(c) Age: 6- 11 years: Tuesday evenings from 5:30 p.m. until 8:00 p.m. plus alternate weekends from Friday evening at 6:00 p.m. until Monday morning before school, or summer care. Non-residential parent responsible for getting child to school on Monday mornings as part of their alternate weekend.

	MON.	TUES.	WED.	THURS.	FRI	SAT.	SUN.
WEEK 1		X			O	O	O
WEEK 2		X
WEEK 3		X			O	O	O
WEEK 4		X

X=Evenings

O=Overnights

(d) Age: 12-18 years: Tuesday evenings from 5:30 p.m. until 8:30 p.m. Plus, a rotating four week schedule as follows:

Week 1: Friday 6:00 p.m. until Saturday at 6:00 p.m.

Week 2: Saturday 6:00 p.m. until Sunday at 6:00 p.m.

Week 3: Friday 6:00 p.m. until Sunday at 6:00 p.m.

Week 4: Residential parent’s weekend.

	MON.	TUES.	WED.	THURS.	FRI	SAT.	SUN.
WEEK 1		X			O
WEEK 2		X				O
WEEK 3		X			O	O
WEEK 4		X

X=Evening

O=Overnight

(3) Schedule C (LONG DISTANCE): The non-residential parent shall have Parenting Time at such times and places as the parties may agree, or if no agreement, then no less than as follows:

(A) Age: Birth-3 Months: The non-residential parent shall be entitled to the same Parenting Time times as listed in Schedule A as restricted herein. However, the Court recognizes the impracticality of a long distance parent exercising such rights. Therefore, the non-residential parent shall be entitled to the same times listed in Schedule A so long as reasonable notice (i.e. twenty-four hours, if possible) is given to the residential parent.

(B) Age: 3 Months-3 years: Frequent shorter visits per agreement, or, on a four week schedule, one day on both week 1 and week 4 weekends, being Saturday from 10:00 a.m. until 6:00 p.m., provided the child(ren)’s travel time does not exceed three hours one way. The residential parent must be notified at least one week in advance. *(Beginning at 12 months, the Saturday Parenting Time will begin on Friday at 6:00 p.m. and extend through Saturday at 6:00 p.m.). Further, the non-residential parent shall be entitled to any reasonable additional Parenting Time any time the non-residential parent will be in the LOCAL area ( as defined in Schedule A) provided the residential parent is notified at least 2 days in advance. Absent extraordinary circumstances this additional Parenting Time shall occur.

	MON.	TUES.	WED.	THURS.	FRI	SAT.	SUN.
WEEK 1						D*
WEEK 2
WEEK 3
WEEK 4						D*

X=Evenings

D=10:00 a.m. to 6:00 p.m.

Week 1: Friday 6:00 p.m. until Saturday at 6:00 p.m.

Week 2: Residential parent

Week 3: Residential parent

Week 4: Friday 6:00 p.m. until Sunday at 6:00 p.m.

Further, the non-residential parent shall be entitled to any reasonable additional Parenting Time any time the non-residential parent will be in the LOCAL area ( as defined in Schedule A) provided the residential parent is notified at least 2 days in advance. Absent extraordinary circumstances this additional Parenting Time shall occur.

	MON.	TUES.	WED.	THURS.	FRI	SAT.	SUN.
WEEK 1					O
WEEK 2
WEEK 3
WEEK 4					O	O

X=Evenings

O=Overnights

(d) Age: 6- 11 years: A rotating four week schedule as follows:

Week 1: Friday at 6:00 p.m. until Sunday at 6:00 p.m.

Week 2: Residential parent weekend

Week 3: Residential parent weekend

Week 4: Friday 6:00 p.m. until Sunday at 6:00 p.m.

	MON.	TUES.	WED.	THURS.	FRI	SAT.	SUN.
WEEK 1					O	O
WEEK 2
WEEK 3
WEEK 4					O	O

O=Overnights

(e) Age: 12-18 years: A rotating four week schedule as follows:

Week 1: Saturday at 10:00 a.m. until Sunday at 6:00 p.m.

Week 2: Residential parent weekend

Week 3: Residential parent weekend

Week 4: Friday 6:00 p.m. until Sunday at 6:00 p.m.

	MON.	TUES.	WED.	THURS.	FRI	SAT.	SUN.
WEEK 1						O
WEEK 2
WEEK 3
WEEK 4					O	O

(E) Holiday and Extended Periods of Parenting Time

(A) Holiday Parenting Time Schedule: In odd numbered years, mother has New Year’s Day, Memorial Day, Labor Day, Christmas Eve. In odd-numbered years, father has Martin Luther King’s Day, Easter, 4th of July, Thanksgiving, Christmas Day. In the even numbered years, the schedules are reversed. For any holiday falling on a Thursday or Friday, if a Parenting Time period immediately precedes, or follows the holiday and the holiday Parenting Time is spent with the same parent, there is no need for that parent to return the child(ren) to the other parent that evening and then pick them up the next morning. Other days of special meaning, such as Religious Holidays, etc. should be decided together, written into the Court Order, and alternated as above. These do not have to be made up.

(B) Holiday Parenting Time and Overnights: If a parent is not entitled to parenting time overnight pursuant to the regular Parenting Time Schedule, no overnight parenting time shall be allowed during the Holiday Schedule. In other words, there is no overnight parenting time during holidays for children under age twelve (12) months unless agreed by the parties.

HOLIDAYS	EVEN # YEARS	ODD # YEARS	AS AGREED, OR
New Year’s Eve/Day	Father	Mother	12/30 6:00 p.m.-1/1 6:00 p.m.
Martin Luther King Day	Mother	Father	Sun. 6:00 p.m.-Mon. 6:00 p.m.
President’s Day	Father	Mother	Sun. 6:00 p.m.-Mon. 6:00 p.m.
Easter	Mother	Father	Sat. noon-Sun. 6:00 p.m.
Memorial Day	Father	Mother	Sun. 6:00 p.m.-Mon. 6:00 p.m.
Fourth of July	Mother	Father	9:00 a.m.-9:00 a.m. the next day
Labor Day	Father	Mother	Sun. 6:00 p.m.-Mon. 6:00 p.m.
Halloween	Mother	Father	4:30 p.m.-8:00 p.m.
Thanksgiving	Mother	Father	Wed. 6:00 p.m.-Fri. 6:00 p.m.
Christmas Eve	Father	Mother	12/23 noon-12/24 10:00 p.m.
Christmas Day	Mother	Father	12/24 10:00 p.m.-12/26 6:00 p.m.
Mother’s Day	Mother	Mother	10:00 a.m.-7:00 p.m.
Father’s Day	Father	Father	10:00 a.m.-7:00 p.m.
Mother’s Birthday	Mother	Mother	5:30 p.m.-7:30 p.m.
Father’s Birthday	Father	Father	5:30 p.m.- 7:30 p.m.
Child’s Birthday (school)	Father	Mother	5:30 p.m.- 7:30 p.m.
Child’s Birthday (no school)	Father	Mother	10:00 a.m.-7:30 p.m.

(C) Extended Periods of Parenting Time Under the age of two there will be no extended periods. When a child reaches age two, the non-residential parent shall be entitled to eight (8) weeks of additional time each year herein designated “extended periods of Parenting Time.” For children ages 2-5 said extended periods may be exercised in one week increments. After the age of 5 consecutive two week extended periods may be exercised. These extended periods of Parenting Time may be exercised during the summer, the child’s spring break from school (every other year), or at any other appropriate time during the year. Extended periods of Parenting Time may also be exercised during the child’s school break at Christmas (every other year), but under no circumstances shall the additional extended time commence before December 26 and continue past 6:00 p.m. on December 31. Further, extended periods of Parenting Time shall not interfere with, or conflict with the holiday schedule, unless agreed to by the parties.

The residential parent shall be entitled to two weeks of consecutive time, an extended period of Parenting Time, with the child(ren) each year. Each parent shall notify the other parent, in writing, within a reasonable amount of time prior to exercising extended periods of Parenting Time. In no event shall reasonable notice be given less than thirty days in advance of the date an extended period of Parenting Time is intended to begin. Where there is a conflict between parents as to extended periods of Parenting Time, the schedule of the parent who first gives written notice to the other parent shall prevail..

(F) Conflict between Parenting Time Schedules

In the event of a conflict, the following is the order of precedence: 1st Holidays; 2nd Extended Periods; 3rd Weekends; and 4th Midweek days. Consistent with Paragraph (E)(2) above this provision does not confer overnight parenting time with children under age twelve (12) months, unless agreed by the parties.

If the parties have more than one child and the children fall into different age categories parenting time will be controlled by the age category in which the youngest child may fall for all children at issue, unless otherwise agreed by the parties, or otherwise ordered by the Court.

(G) Miscellaneous Provisions

Telephone Contact: The non-residential parent shall be entitled to telephone each child(ren) twice (2) per week, not to exceed fifteen (15) minutes with each child, if there is more than one child. If there is only one child the time period is twenty (20) minutes. The non-residential parent shall choose the time and day that the calls will be made within reason. However, the Court strongly encourages cooperation of both parents in setting this time schedule. Where the child(ren) is not available for the call, the residential parent MUST provide a new time within 24 hours when the child will be available. The other parent shall not participate in such calls. The party with whom the child(ren) are residing at the time of the call shall bear any expense associated with telephone calls unless the other parent has given permission to be phoned collect. The child(ren) may call either parent, collect, with the agreement of the parent being called, at any and all reasonable times as the child wishes

Extra-curricular activities: Regardless of where the child(ren) are living, their continued participation in extra-curricular activities, school related, or otherwise, shall continue uninterrupted. It shall be the responsibility of the parent with whom they are residing at the time of the activity to provide physical and economic cost of transportation to these activities. The residential parent/legal custodian shall provide the non-residential parent with notice of all extra-curricular activities, school related, or otherwise, in which the child(ren) participate. Schedules of all extra-curricular activities and the name of the activity leader (including address and telephone number if reasonably available) shall be given to the non-residential parent.

Waiting for Parenting Time exchange: The child(ren) and/or residential parent have no duty to wait for the non-residential parent to arrive for more than thirty (30) minutes. The non-residential parent who is more than thirty (30) minutes late for a particular period of time shall forfeit that period of time. Exception shall be made if, and only if, the tardiness of the non-residential parent is for just cause and the residential parent receives both prompt notification and a reasonable estimated arrival time.

Cancellation of Parenting Time period: The non-residential parent should give twenty-four hour notice to cancel. Any time canceled by the non-residential parent is considered forfeited.

Illness: If a child(ren) is ill, the residential parent should give 24 hour notice, if possible, so appropriate plans can be made. However, if more than one day of any Parenting Time period is missed due to non-emergency and/or non-critical illness, then any missed Parenting Time shall be made up as soon as practicable.

Car Seat: For any and all child(ren) required by law to ride in a car seat, the parents shall transfer the car seat with the child(ren) as Parenting Time exchanges occur.

Current address and phone number: Each parent must keep the other informed of his/her current address and telephone number at all times. Any change of address, or phone number is to be reported to the other parent within 48 hours.

Moving: Upon either parent learning of, or determining that he/she will be moving, whichever occurs first, he/she shall immediately notify the other parent except in those circumstances wherein notice is not required by R.C. 3109.051 (G) and provide the other parent with the moving date, new residence address and telephone number, and such other pertinent information necessary to effectuate a smooth transition for the child(ren). The parents shall attempt, in good faith, to renegotiate an appropriate and beneficial new Parenting Time schedule. However, in the event the parties are unable to do so, the non-residential parent shall, at a minimum, automatically be entitled to Parenting Time under the appropriate schedule as established within this rule, to be determined by distance between the parties and the child’s age until a Court Order modifying Parenting Time is entered. Neither parent may remove the child(ren) from Scioto County or its contiguous Ohio counties and establish residence for them in another county without a court order or an agreement signed by the parents and filed with the Court. This rule shall not be construed to contradict any provision contained in the Court’s Local Rules. Specifically, this provision is to be read in conjunction with the provisions of Scioto D.R. Rule 1.13.

Access to records: Both parents shall have access to all medical, dental, optometric, psychiatric and psychological records of the minor child(ren) and may consult with any treating physician, dentist, or other health care provider to the child(ren). Both parents shall execute any authorizations or releases necessary to release these records and documents to the other. Both parents shall retain the authority to consent to any necessary emergency medical treatment for the child(ren). Each parent shall promptly notify each other of any health problems of the child(ren).

Both parents shall have access to the child(ren)’s school records. Both parents shall have the right to participate in parent-teacher conferences, school trips, school programs, and other school activities and events in which parents are invited to participate. The parent receiving the grade card shall give a copy to the other parent within three (3) days of receipt.

Both parents shall have access to baby-sitting, day care, nursery school and/or latchkey records of the child(ren). Both parents shall be entitled to communicate with all physical care providers for the child(ren). Either parent shall execute any authorizations or releases necessary to release the records to the other. Both parents shall have access to all religious records of the child(ren). Both parents shall have the right to participate and attend all religious activities of the child(ren).

Clothing: The residential parent is responsible for providing sufficient, appropriate, clean clothing for every Parenting Time period, based on the lifestyle of the residential parent and the child(ren). If the planned Parenting Time activities require special or unusual clothing needs, the non-residential parent must notify the residential parent at least two (2) days in advance of the Parenting Time period. If the child(ren) does not have the type of clothing requested, the residential parent is under no obligation to comply with the request. All clothing sent by the residential parent must be returned immediately after the Parenting Time period. The non-residential parent is not required to return the clothing washed and cleaned, unless the non-residential parent has Parenting Time with the child(ren) for a period in excess of four (4) days. Additionally, any clothing purchased by the non-residential parent and which the child(ren) are wearing upon their return to the residential parent after Parenting Time, shall be returned, washed and cleaned, by the residential parent to the non-residential parent at the next Parenting Time period.

Transportation: Responsibility for transportation and any associated costs should be decided in advance and a plan written into an Order of the Court. The costs of transportation, in the appropriate case, may be a basis for deviation from the calculation of child support pursuant to the Child Support Guidelines. In the event the parents cannot agree as to who bears the responsibility for transportation of the minor children to and from exchanges, both parties shall be equally responsible for said transportation of the minor children.

(H) ANY KEEPER OF RECORDS WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER, OR DIVISION (H) OF SECTION 3109.051 OF THE OHIO REVISED CODE, AND ANY SCHOOL OFFICIAL OR EMPLOYEE WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER OR DIVISION (J) OF SECTION 3109.051 OF THE OHIO REVISED CODE IS IN CONTEMPT OF COURT. WILLFUL NON-COMPLIANCE BY A PARENT WITH THIS ORDER MAY RESULT IN A FINDING OF CONTEMPT RESULTING IN THIRTY (30) TO NINETY (90) DAYS INCARCERATION, A $250.00 TO $1,000.00 FINE, OR BOTH AND AN AWARD OF THE MOVING PARENT’S ATTORNEY FEES AND COSTS.

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