In re A.T. , 2018 Ohio 5295 ( 2018 )

[Cite as In re A.T., 2018-Ohio-5295.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BUTLER COUNTY
IN THE MATTER OF: :
A.T., et al. : CASE NOS. CA2018-06-115
CA2018-06-116
:
OPINION
: 12/28/2018
:
APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
JUVENILE DIVISION
Case No. JS2012-1123
Elizabeth L. Ford, P.O. Box 42601, Cincinnati, OH 45242, for appellee
Charles E. McFarland, 338 Jackson Road, New Castle, KY 40050, for appellant
S. POWELL, P.J.
{¶ 1} Appellant, the biological mother of A.T. and D.T. ("Mother"), appeals from the
decision of the Butler County Court of Common Pleas, Juvenile Division, declining the
transfer from the Hamilton County Court of Common Pleas, Juvenile Division, of a motion
for legal custody filed by appellee, A.T. and D.T.'s biological father ("Father"). For the
reasons outlined below, we reverse and remand for further proceedings.
The Parties
{¶ 2} Mother and Father are the biological parents of A.T. and D.T. At the time of
D.T.'s birth, Father was a minor. Mother and Father were never married. Mother currently
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resides in Butler County whereas Father is believed to reside with A.T. and D.T. in Hamilton
County.
Facts and Procedural History
{¶ 3} On March 19, 2010, Mother gave birth to D.T. Several months later, on
August 9, 2010, the Butler County Child Support Enforcement Agency ("BCCSEA")
established an administrative order that required Father to pay child support for D.T. in the
amount of $51 per month. The Child Support Computation Worksheet attached to the
administrative order filed by BCCSEA listed Mother as residential parent and legal
custodian of D.T. The record indicates this administrative order was filed by BCCSEA under
Case No. JS2011-0924.
{¶ 4} Over a year later, on December 7, 2011, BCCSEA moved the Butler County
Juvenile Court to adopt the administrative order regarding Father's child support obligation.
A magistrate subsequently adopted the administrative order on January 19, 2012. The
juvenile court affirmed and adopted the magistrate's decision later that same day. Neither
Mother nor Father appealed from the juvenile court's decision.
{¶ 5} On October 4, 2011, D.T.'s paternal-grandmother ("Paternal-Grandmother")
filed a complaint with the Butler County Juvenile Court on Father's behalf requesting he be
granted visitation time with D.T. Paternal-Grandmother also filed on Father's behalf a child
custody affidavit and an application for child support. It is undisputed that Paternal-
Grandmother filed the complaint, application, and affidavit because Father was a minor.
{¶ 6} On December 8, 2011, despite him still being a minor, Father filed with the
Butler County Juvenile Court a motion for legal custody of D.T. In support of this motion,
Father alleged that it was in D.T.'s best interest for him to be granted legal custody. This
was because, according to Father, Mother lived in a cramped two-bedroom apartment with
four other adults and two children. Father also alleged the apartment that Mother lived in
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had "unsanitary living conditions with bedbugs and trash" and that D.T.'s maternal-
grandmother "resides there and has previously been evicted for bedbugs and hording
problem[.]"
{¶ 7} On December 22, 2011, a hearing on Paternal-Grandmother's complaint was
held before a Butler County Juvenile Court magistrate. This hearing also addressed
Father's motion for legal custody. Following this hearing, the magistrate determined that it
was in D.T.'s best interest to award Father visitation time in accordance with its standard
visitation time schedule. The magistrate, however, dismissed Father's motion for legal
custody since "[t]he motion for legal custody was not properly filed because [Father] is a
minor." The juvenile court affirmed and adopted the magistrate's decision the following day.
Neither Mother nor Father appealed from the juvenile court's decision.
{¶ 8} On February 9, 2012, Mother gave birth to A.T. Several months later, on
October 17, 2012, BCCSEA established an updated administrative order that required
Father to pay $377.82 in monthly child support for both A.T. and D.T. Although this order
was originally filed under Case No. JS2012-1123 for matters regarding D.T., the record
indicates BCCSEA filed this same order in the newly created Case No. JS2011-0924 for
matters regarding A.T. As part of these filings, the record indicates BCCSEA requested the
juvenile court to consolidate both child support orders "into a single case/order, calculate,
and establish a single order of support[.]"
{¶ 9} On November 2, 2012, a Butler County Juvenile Court magistrate adopted the
updated administrative order filed by BCCSEA in both Case Nos. JS2012-1123 and
JS2011-0924. Similar to the administrative order regarding D.T., the Child Support
Computation Worksheet attached to this updated administrative order also listed Mother as
residential parent and legal custodian of A.T. The juvenile court affirmed and adopted the
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magistrate's decision three days later.1 Neither Mother nor Father appealed from the
juvenile court's decision.
{¶ 10} On March 21, 2013, BCCSEA filed a motion to show cause with the Butler
County Juvenile Court alleging Father had failed to pay his monthly child support obligation,
thereby resulting in arrearages amounting to $3,742.16. Approximately five months later,
a magistrate found Father in contempt for failing to pay his monthly child support obligation.
The juvenile court affirmed and adopted the magistrate's decision later that same day.
Neither Mother nor Father appealed from the juvenile court's decision.
{¶ 11} On February 5, 2014, a contempt review hearing was held before a Butler
County Juvenile Court magistrate. Following this hearing, the magistrate found Father had
paid only a portion of his child support obligation. Two months later, another contempt
review hearing was held before the magistrate, wherein the magistrate again found Father
had paid only a portion of his child support obligation. However, after yet another contempt
review hearing held before the magistrate, the magistrate found Father had not made any
additional payments towards his child support obligation. The magistrate therefore ordered
Father to participate and complete all the requirements of Ohio Means Jobs program,
comply with all directives made by his Ohio Means Jobs case manager, and participate in
services offered through Community Behavior Health, if directed to do so by his case
manager.
{¶ 12} On July 21, 2014, another contempt review hearing was held before a Butler
County Juvenile Court magistrate. The record indicates Father failed to appear at this
hearing and a bench warrant was issued for his arrest. Approximately one month later,
1. The record indicates that all subsequent filings submitted to the Butler County Juvenile Court were filed
under Case No. JS2012-1123 regarding A.T., Case No. JS2011-0924 regarding D.T., or both Case Nos.
JS2012-1123 and JS2011-0924 regarding both children.
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BCCSEA filed a motion requesting the juvenile court recall and dismiss the bench warrant
since Father "personally appeared at the BCCSEA and submitted to the required genetic
testing and, further, said Party will personally appear before the court at the designated
date and time for hearing on this motion." The magistrate granted BCCSEA's motion to
recall the bench warrant two days later. The record does not contain any information
regarding the results of the genetic testing. Father, however, never objected to him being
classified as A.T. and D.T.'s biological father.
{¶ 13} On October 14, 2014, BCCSEA filed a motion with the Butler County Juvenile
Court requesting the juvenile court order any monies Father received from a personal injury
settlement be collected and sent to BCCSEA to pay down Father's child support arrearages.
The juvenile court granted BCCSEA's motion two days later. Father did not appeal from
the juvenile court's decision.
{¶ 14} On January 8, 2015, another contempt review hearing was held before a
Butler County Juvenile Court magistrate. Following this hearing, the magistrate found
Father had paid only a small portion of his child support obligation since the last review
hearing. But, after another contempt review hearing, the magistrate found Father had again
not made any payments towards his child support obligation. The magistrate therefore
ordered Father to submit financial documents from his current and former employers as
well as the settlement statement from a previously resolved personal injury claim. Shortly
thereafter, following two additional contempt review hearings, the magistrate found Father
had still not made any payments towards his child support obligation
{¶ 15} The record indicates Father paid an additional sum towards his child support
obligation as of the contempt review hearing held on September 2, 2016 with another
smaller portion of his child support obligation as of the contempt review hearing held on
December 9, 2016. Father, however, did not make any additional payments towards his
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child support obligation as of the contempt review hearings held on March 3, 2017 and May
5, 2017. Because Father had not paid his child support obligation as ordered by the juvenile
court, BCCSEA reported Father's arrearages had increased to $13,411.74. The juvenile
court thereafter granted another motion filed by BCCSEA requesting Father send any
monies he received from his previously resolved personal injury settlement to BCCSEA to
pay down his child support arrearages. Father did not appeal from the juvenile court's
decision.
{¶ 16} On July 26, 2017, rather than moving the Butler County Juvenile Court for
relief, Father filed a petition with the Hamilton County Court of Common Pleas, Domestic
Relations Division, requesting he be granted a domestic violence civil protection order
("DVCPO") against Mother on A.T. and D.T.'s behalf. In support of his petition, Father
alleged the children were being subject to severe discipline by Mother and Mother's
boyfriend that included "hitting both children leaving serious bruising." Father also alleged
that Mother's boyfriend had put socks down A.T. and D.T.'s throats as punishment while in
Mother's care. The Hamilton County Domestic Relations Court granted Father an
emergency ex parte DVCPO later that same day.
{¶ 17} On August 3, 2017, Father filed a motion for a continuance with the Butler
County Juvenile Court arguing that any upcoming proceedings should be stayed since there
was "another court case for full hearing of PTO case in Hamilton County Ohio regarding the
children and their mother." Although it had previously issued orders regarding both Mother
and Father, as well as A.T. and D.T. in both Case Nos. JS2012-1123 and JS2011-0924,
thereby establishing it as the appropriate forum for any action regarding the children, the
juvenile court nevertheless granted Father's motion for a continuance.
{¶ 18} On August 23, 2017, a hearing was held before a Hamilton County Domestic
Relations Court magistrate on Father's petition for a DVCPO. During this hearing, the
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magistrate heard testimony from Father, Paternal-Grandmother, A.T.'s therapist, and
Mother's boyfriend, among others. Following this hearing, the magistrate granted Father's
petition for a DVCPO. In support, the magistrate stated:
The parties are the parents of two children. [A.T.] has been
diagnosed with a mental health disorder called "Conduct
Disorder." He has aggressive and destructive behavior directed
towards people, animals, and property. He is prescribed
medication and therapy. His therapist further testified that
physical discipline is not appropriate for [A.T.]. The allegations
of [Father] include seeing bruising on both of the children and
on one child a black eye upon return from parenting time.
Mother admits to the physical disciplining of the children by her
boyfriend. He engages in "shaming" as a form of punishment,
and placed a sock in the mouth of one child, also as a form of
punishment. In the therapist's opinion, none of these tactics are
isolated incidents, and none are helpful to the children or
appropriate. In fact they are harmful. The therapist further
opined that Mother does not have the ability to prevent harm to
the children. Father wants the children to interact with their
Mother, but under certain conditions. Father's fear of the
discipline and injuries mental and physical to the children are
well-founded.
{¶ 19} On October 4, 2017, Mother filed objections to the magistrate's decision.
Mother based her objections, in part, on her claim that the testimony provided in support of
Father's petition lacked credibility. After taking the matter under advisement, the domestic
relations court sustained Mother's objections and rejected the DVCPO previously issued by
the magistrate. In so holding, the domestic relations court stated, in pertinent part, the
following:
This Court agrees with and sustains [Mother's] objection to the
credibility of the evidence supporting the CPO. Testimony
received by the Magistrate established that the parties and their
families have a tumultuous relationship. The Court is troubled
by testimony about the way the children have acted and the type
of punishment administered by [Mother's] boyfriend.
Continuing, the domestic relations court stated:
While [A.T.'s therapist's] testimony reveals her concern for
[A.T.'s] emotional health and her disapproval for the disciplinary
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techniques employed by [Mother's] boyfriend, concerns shared
by this Court, she does not believe that [Mother] threatens
[A.T.'s] safety. [A.T.'s therapist's] perspective, that of a
professional social worker and observer, fatally undermines
[Father's] argument; no other evidence offered by [Father]
suggests that [Mother] must be kept from her children for their
safety.
Concluding, the domestic relations court stated:
[Mother] must protect her children. This Court warns her to use
reasonable techniques for disciplining her children. Further,
when the children are in her care, she should be the only person
who disciplines them. Without regard to other relationships, she
must act for her children's welfare and in their best interest.
(Emphasis sic.)
{¶ 20} On January 4, 2018, rather than seeking relief in the Butler County Juvenile
Court, Father filed a petition with the Hamilton County Court of Common Pleas, Juvenile
Division, seeking legal custody of both A.T. and D.T. Since the children were then in his
care, and had been in his care since July of 2017, Father also requested the juvenile court
grant him temporary emergency custody of the children.2 In support of his petition, Father
alleged the following:
Mother has engaged in abusive treatment of the boys and is not
capable of providing a safe, stable, secure environment for
them. It is in their best interest to be placed in my care [and] in
my custody.
Father also filed a supporting affidavit wherein he alleged Mother's boyfriend had put socks
and/or napkins down A.T. and D.T.'s throats as punishment. Father further alleged that
Mother had "forced the children to stand outdoors naked as a means of punishment[.]"
{¶ 21} After holding a hearing on the matter, a Hamilton County Juvenile Court
2. According to Mother, except for on two birthdays and for two hours on Mother's Day, she has neither seen
nor visited with A.T. or D.T. since July of 2017 after Father refused to return the children to her care. This is
true despite the fact that Mother had been designated by the Butler County Juvenile Court as the children's
residential parent and legal custodian.
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magistrate granted Father's petition and awarded him temporary emergency custody of
both A.T. and D.T. In reaching this decision, the magistrate stated:
Based on the sworn affidavit by [Father], and the letter from
[A.T.'s therapist], and the testimony in court today, the children
are at risk of harm if returned to [Mother's] care and control.
They are experiencing inappropriate physical/corporal
punishment from [Mother's] boyfriend. Further, [A.T.] is
experiencing distressing behavior after visits with [Mother]. He
has now been diagnosed with PTSD. Until the next court date,
legal custody of the children is granted to [Father.]
The magistrate also granted a motion to transfer the case to the Butler County Juvenile
Court. Specifically, as the magistrate stated:
Butler County Juvenile Court has previously issued a parenting
order regarding [Father]. Further, that Court has issued a
support order for both children. Mother remains a resident of
Butler County. Father is a resident of Hamilton County, and the
children have lived with [F]ather pursuant to court orders since
July of 2017. Butler County is a more convenient forum.
Father's custody petition is transferred to Butler County Juvenile
Court.
Until the Butler County Juvenile Court hears this matter, interim
order of legal custody of the children is granted to [Father].
[Mother] is granted two 4-hour periods of supervised visitation
per week. The supervisor shall be agreed to by the parties.
The record before this court does not contain any evidence indicating the Hamilton County
Juvenile Court ever affirmed and adopted the magistrate's decision.
{¶ 22} On January 5, 2018, a contempt review hearing was held before a Butler
County Juvenile Court magistrate. Following this hearing, the magistrate found Father had
paid a small portion towards his child support obligation and arrearages since the last review
hearing. Apparently notified that the Hamilton County Juvenile Court ordered the transfer
of Father's motion for legal custody, the magistrate also found Father had provided
documentation from the Hamilton County Juvenile Court indicating he had been awarded
temporary custody of D.T. The magistrate's order did not make any reference to A.T.
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{¶ 23} A subsequent contempt review hearing held before a Butler County Juvenile
Court magistrate indicated Father had paid an additional small portion towards his child
support obligation since the last review hearing. The record before this court does not
contain any documentation indicating the juvenile court affirmed and adopted this decision,
nor does the record indicate the juvenile court affirmed and adopted the magistrate's
decision finding Father had paid $100 towards his child support obligation following yet
another contempt review hearing. Despite this, there appears to be no dispute that Father
was in arrears on his child support obligations regarding both A.T. and D.T.
{¶ 24} Upon receiving the transfer from the Hamilton County Juvenile Court, the
Butler County Juvenile Court scheduled the matter for a hearing. However, prior to holding
this hearing, the juvenile court issued a decision summarily denying Father's motion for
custody of A.T. and D.T.3 The juvenile court thereafter noted, without providing any
rationale for its decision, that it was declining to accept the transfer of Father's motion for
legal custody from the Hamilton County Juvenile Court. Specifically, as the juvenile court
stated, Father's petition seeking legal custody "is to be returned to Hamilton County Juvenile
Court."
{¶ 25} Mother filed timely notices of appeal from both Case No. JS2012-1123
regarding A.T. and Case No. JS2011-0924 regarding D.T. In addition to the notice of
appeal, Mother also moved the Butler County Juvenile Court to issue an order clarifying its
earlier decision declining to accept the transfer of Father's motion from the Hamilton County
Juvenile Court. The juvenile court issued an order in response to Mother's motion for
clarification three days later. As part of this order the juvenile court stated, in pertinent part,
3. It should be noted, except for his motion for legal custody of D.T. that the Butler County Juvenile Court
dismissed on December 23, 2011, Father did not file any motion with the Butler County Juvenile Court seeking
legal custody of either A.T. or D.T. This is true despite the fact that Father told the Hamilton County Domestic
Relations Court that he intended to file such a motion during the hearing on Father's petition for a DVCPO
before the Hamilton County Domestic Relations Court.
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the following:
On 5-18-18, the mother of this child [D.T.] filed a Motion for
Clarification of the order issued by this court on 4-23-18. That
order was issued in response to what this court viewed as a
request by the Hamilton County Juvenile Court to accept venue
concerning a matter that had been commenced in that court in
January of this year. The order of 4-23 was issued only to
indicate that this court was declining to accept the matter in this
court. This court has returned the records regarding this matter
to the Hamilton County Juvenile Court. This court has also
discussed this matter with Hamilton County Juvenile Court and
it is this court's understanding that the Hamilton County Juvenile
Court will be proceeding in this matter.
The matter was thereafter submitted to this court, wherein Mother raised two assignments
of error for review.
Father Did Not File an Appellee Brief
{¶ 26} Father did not file a brief in this case. Pursuant to App.R. 18(C), when an
appellee fails to file a brief, "in determining the appeal, the court may accept the appellant's
statement of the facts and issues as correct and reverse the judgment if appellant's brief
reasonably appears to sustain such action." Father, however, did file a notice with this court
indicating he did "not intend to file a Brief in the captioned action insofar as the resolution
of the proper venue/forum for this action is immaterial to the disposition of the underlying
substantive issues in this case." This court will therefore accept Mother's statement of facts
as alleged.
Appeal
{¶ 27} Assignment of Error No. 1:
{¶ 28} THE BUTLER COUNTY JUVENILE COURT ERRED IN REFUSING TO
ACCEPT THE TRANSFER OF A PETITION FOR CUSTODY FROM THE HAMILTON
COUNTY JUVENILE COURT REGARDING A.T. AND D.T.
{¶ 29} In her first assignment of error, Mother argues the Butler County Juvenile
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Court erred by declining the transfer of Father's motion for legal custody of A.T. and D.T.
from the Hamilton County Juvenile Court.
Standard of Review
{¶ 30} R.C. 2151.271 allows a juvenile court in one county to transfer a case to a
juvenile court of another county. Pursuant to that statute:
[I]f the child resides in a county of the state and the proceeding
is commenced in a juvenile court of another county, that court,
on its own motion or a motion of a party, may transfer the
proceeding to the county of the child's residence on the filing of
the complaint or after the adjudicatory, or dispositional hearing,
for such further proceeding as required. * * *
The juvenile court, however, must transfer a proceeding "if other proceedings involving the
child are pending in the juvenile court of the county of the child's residence." R.C. 2151.271.
{¶ 31} Similarly, Juv.R. 11(A) allows a juvenile court to transfer a case to a juvenile
court of another county. Pursuant to that rule:
If the child resides in a county of this state and the proceeding
is commenced in a court of another county, that court, on its own
motion or a motion of a party, may transfer the proceeding to
the county of the child's residence upon the filing of the
complaint or after the adjudicatory or dispositional hearing for
such further proceeding as required.
{¶ 32} But, just as with R.C. 2151.271, in accordance with Juv.R. 11(B), "[t]he
proceedings, other than a removal action, shall be so transferred if other proceedings
involving the child are pending in the juvenile court of the county of the child's residence."
A child has the same residence as his parents, legal guardian of his person, or custodian
who stands in the relation of loco parentis. In re Carpenter, 4th Dist. Washington No.
01CA26, 2002 Ohio App. LEXIS 495, *15 (Jan. 31, 2002), citing R.C. 2151.06.
{¶ 33} Under R.C. 2151.271 and Juv.R. 11(A), a juvenile court retains discretion to
transfer a case to a juvenile court of another county when other proceedings involving the
child are not pending in another county. We review this type of decision for an abuse of
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discretion. In re Meyer, 98 Ohio App.3d 189, 192-193 (3d Dist. 1994). An abuse of
discretion is more than an error of law or judgment. In re B.K., 12th Dist. Butler No. CA2010-
12-324, 2011-Ohio-4470, ¶ 12. Rather, it implies the juvenile court's decision was
unreasonable, arbitrary, or unconscionable. In re T.G.O., 12th Dist. Madison No. CA2017-
05-012, 2018-Ohio-800, ¶ 9, citing Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
When applying the abuse of discretion standard, this court is not free to merely substitute
our judgment for that of the trial court. In re Jane Doe I, 57 Ohio St.3d 135, 138 (1990).
{¶ 34} On the other hand, because R.C. 2151.271 and Juv.R. 11(B) make a change
of venue mandatory if other proceedings involving the child(ren) are pending in the juvenile
court of the county where the child(ren) resides, "the proper standard of review is a mixed
question of law and fact." In re S.M., 4th Dist. Lawrence No. 09CA5, 2009-Ohio-3118, ¶
22. "Under this standard, we defer to the [juvenile] court's factual findings if competent,
credible evidence supports them." Id. Competent evidence is admissible evidence for the
purpose of proving a relevant fact. In re Meeks, 11th Dist. Lake No. 95-L-050, 1995 Ohio
App. LEXIS 4369, *13-14 (Sep. 29, 1995). Credible evidence means evidence found worthy
of being believed. Hall v. Hall, 6th Dist. Sandusky No. S-18-011, 2018-Ohio-4453, ¶ 8.
"Then, accepting the [juvenile] court's facts as true, we independently determine whether
the [juvenile] court properly applied the law to the facts." In re S.M. at ¶ 22.
Analysis
{¶ 35} The issue in this case is not whether the Hamilton County Juvenile Court erred
by initially transferring Father's motion for legal custody of A.T. and D.T. to the Butler County
Juvenile Court. Rather, the issue in this case is whether the Butler County Juvenile Court
erred by declining the Hamilton County Juvenile Court's transfer of Father's motion. Mother
argues the Butler County Juvenile Court erred in this regard because there are two cases
currently pending in the Butler County Juvenile Court regarding Father's failure to pay his
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child support obligation; namely, Case No. JS2012-1123 regarding A.T. and Case No.
JS2011-0924 regarding D.T.
{¶ 36} After a full and thorough review of the record properly before this court, which
we note is limited under App.R. 18(C) due to the fact Father did not file a brief in this case,
we agree with Mother's position. This is because, as the record indicates, there are now
two cases currently pending before the Butler County Juvenile Court regarding Father's
failure to pay his child support obligation. Because a child support order had been
established requiring Father to pay child support for both A.T. and D.T., it is implicit that the
Butler County Juvenile Court had established paternity of the children by acknowledgment
or otherwise. Considering the Butler County Juvenile Court had pending matters regarding
Mother, Father, as well as both A.T. and D.T. in both Case Nos. JS2012-1123 and JS2011-
0924, it was the Butler County Juvenile Court, not the Hamilton County Juvenile Court, that
had jurisdiction over these matters – including Father's petition for a DVCPO he improperly
filed in the Hamilton County Domestic Relations Court.
{¶ 37} Despite being intimately familiar with this case, the Butler County Juvenile
Court nevertheless declined to accept the transfer of Father's motion from the Hamilton
County Juvenile Court. Unfortunately, the record does not provide this court with any basis
for the juvenile court's decision as to why it decided Father's motion for custody should be
litigated before the Hamilton County Juvenile Court. The record merely indicates the
juvenile court decided to decline the transfer after it "discussed this matter with Hamilton
County Juvenile Court and it is this court's understanding that the Hamilton County Juvenile
Court will be proceeding in this matter." But, as the record indicates, the Butler County
Juvenile Court contacted the Hamilton County Juvenile Court only after it had already
decided to decline the transfer.
{¶ 38} "'[F]or this court to be able to conduct any meaningful review of the trial court's
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exercise of its discretion, we must be able to discern some basis for its decision.'" In re
Q.R., 12th Dist. Clinton No. CA2017-11-020, 2018-Ohio-4785, ¶ 14, quoting In re Estate of
Murray, 11th Dist. Trumbull No. 2004-T-0030, 2005-Ohio-1892, ¶ 26. In this case, however,
the Butler County Juvenile Court provided no basis for how it ultimately came to its decision
to decline the transfer of Father's motion from the Hamilton County Juvenile Court. Simply
stated, what prompted the juvenile court to decline the transfer in this case is unknown and
requires this court to speculate as to the juvenile court's reasoning. We decline to engage
in such speculation. Therefore, due to the limited record before this court in accordance
with App.R. 18(C), this case must be reversed and remanded to the Butler County Juvenile
Court for further proceedings.
{¶ 39} In reaching this decision, we note that any decision the Butler County Juvenile
Court makes must provide a clear indication of its reasoning and analysis so that this court
can, if necessary, perform a meaningful appellate review. Such a review may not be
necessary in this case considering Father notified this court that "venue/forum for this action
is immaterial to the disposition of the underlying substantive issues in this case." Therefore,
due to the need for finality in determining who should be awarded custody of the children
at issue in this case, the Butler County Juvenile Court may reconsider its prior decision and
find or not find that accepting the transfer of Father's motion for legal custody from the
Hamilton County Juvenile Court is proper. Whatever decision the juvenile court makes
must take into consideration the best interests of the children. Mother's first assignment of
error is sustained and this matter is remanded for further proceedings.
{¶ 40} Assignment of Error No. 2:
{¶ 41} THE BUTLER COUNTY JUVENILE COURT ERRED IN ISSUING NUNC
PRO TUNC ORDERS ON MAY 21, 2018, STRIKING THE [APRIL] 23, 2018 FINAL
APPEALABLE ORDER, WHEN NOTICES OF APPEAL HAD BEEN FILED ON MAY 18,
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2018.
{¶ 42} In her second assignment of error, Mother argues the Butler County Juvenile
Court erred by issuing an order clarifying its decision declining the transfer of Father's
motion for legal custody after she filed her notice of appeal in this case. In light of our
holding under Mother's first assignment of error, we find Mother's second assignment of
error moot. In so holding, we note that it was Mother who requested the juvenile court to
issue the order clarifying its decision she now claims is null and void. Therefore, even
assuming we were to find error, any error the juvenile court may have made by issuing an
order clarifying its decision declining to accept the transfer of Father's motion for legal
custody of A.T. and D.T. was invited by Mother's own actions. Mother's second assignment
of error is dismissed as moot.
{¶ 43} Judgment reversed and remanded for further proceedings.
RINGLAND and HENDRICKSON, JJ., concur.
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