Legal Question in Family Law in Ohio

Is a magistrates descision a court order?

On july 18th the Magistrate came out with her descision awarding me custody of my 3 children. The mother refused to hand them over till the 1st of Aug. I agreed to this stateing that that would be considered her two weeks of vaction. Since then she has told me that she still gets two weeks of vaction with the children and refuses to turn them over to me till the 17th of Aug. She says that I agreed to allowing her vaction time with the girls. I did not. She has taken the children out of state (after I said she couldnt) and I have recently found out that she has taken the girls to Ontario.

I hv many questions but first off is the descision considered a court order? Next can I call the police to have her arrested for interferance with custody?, and third Is she what she is doing (takeing the children out of state considered Kidnapping? And finally who has juristicion (police)? None of the enforcemt agencies feel that they have juristicion. Thanks in advance


Asked on 8/11/02, 1:01 am

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Is a magistrates descision a court order?

A magistrate's decision is not a court order untill it has actually been adopted by the court. If it was issued on 7/18, the parties then have 14 days, until 8/2 to file objections thereto. If that is not done, then the judge will issue a decision on it at any time thereafter. After the judge issues her decision, there then is a 30 day period in which is may be appealed by either side. Until the final decision is issued by the judge, all pending temporary order remain in full force and effect. You may have an action for custodial interference, but that will sound in a motion to show cause in contempt. and the prosecutor will be unlikely to issue a warrant for same. I practice regularly in the court where you reside. Please call or e-mail if I might help further.

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Answered on 8/11/02, 2:04 am


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