Rule 29 Temporary Orders in Domestic Relations Cases

Ex Parte Temporary Orders in domestic relation cases shall be submitted to the Duty Judge. These orders will be issued only upon written Motion or upon a Request for Specific Temporary Relief prayed for in the complaint, supported by an affidavit of income and expenses for the Plaintiff on the form approved by the Court and a separate affidavit of additional facts in support of all requests for relief in the motion or complaint. The supporting affidavit shall set forth all pertinent financial information and general information as to both parties in the order to permit an informed decision to be made.

The Court will not make an ex parte order of temporary child support, except upon the agreement of both parties where the amount of support is in strict compliance with the child support guidelines of the State of Ohio. The Court will set the matter of child support for hearing in all other cases where there are minor children, even where the Plaintiff does not seek a custody order. Failure to include all children born during the term of the marriage in the information field, unless the child has been previously judicially determined to not be a child of the marriage or adoption proceedings in relation to that child have been completed, will be considered contempt of Court.

Temporary Orders shall set forth a place to insert a date certain for hearing on temporary child support or spousal support, or other temporary orders issues not resolved in the orders issued.

Rule 29.5 Mediation in Domestic Relations

29.50 Procedure

The Court may order parties in actions involving minor children to participate in mediation screening and in mediation in relation to issues of custody and visitation. Where the Court is requested to order mediation of disputes in regard to minor children, the mediator must meet the minimum mediator requirements for domestic relations mediators set by the Ohio Supreme Court as now established or as hereafter amended. Mediators shall have the final decision as to which cases are appropriate for mediation. If, as a result of the mediation intake process, a determination is made the case will proceed to mediation, the Court shall require both parties to participate in mediation. Arrangements satisfactory to the mediator for payment of mediation fees, if any, shall be made between the mediator and the parties prior to the commencement of mediation. If there is a pending action related to the subject of the mediation, the action shall be stayed for a period not to exceed 90 days. That period may be extended with the consent of both parties to a time certain.

The Mediator shall do the following:

1. Keep confidential all communications whether verbal or written.
2. Provide to the parties and their attorneys, if any, a summary of any agreement reached or a statement that the mediation has been terminated without an agreement.
3. Notify the Court that the mediation has been terminated.
4. Provide to their funding agencies, if any, such information as is necessary to meet the funding requirements, provided, however, that the confidentiality of party communications shall be preserved.

29.51 Agreements

Agreements reached by the parties during mediation shall become an order of the Court after review and approval by each parties attorney and or the party, if the party does not have an attorney, and journalization by the Court.

29.52 Confidentiality

All disclosures made by parents or information received from any source or person during mediation shall be deemed confidential and the mediator shall not be required to disclose any statements or discussions which occurred during mediation. The foregoing confidentiality requirements shall not, however, be construed to exempt any person from the statutory duty to report child abuse pursuant to O.R.C. 2151.421.

©2006 Washington County
ALL RIGHTS RESERVED