Legal Question in Family Law in Ohio

In Ohio, if a party to litigation does not follow the court's order then the court can find that party in contempt of court and punish the offending party with fines, attorneys fees, and/or jail time. Typically the courts will not impose jail time on a first offense, but rather will impose a certain number of days of jail time and then suspended those days to hold them over that party's head in order to assure future compliance with the court's orders.

In this way, it is said that the court gives the party the key to his or her own jail cell. All the party needs to do to stay out of jail is to comply court's order.

From the fact pattern you describe, it appears that your ex is worrying the children with the fact that the suspended days are hanging over your head. There are a few ways that you can deal with this. Number one, you can tell the children that you fully intend to follow all of the court's orders to the letter so that neither you nor the children need worry about the imposition of the suspended days upon you. Number two, if you can show that your ex is saying these things to the children, then you could bring that to the court's attention. Not many judges would appreciate having their orders used in such a way as to involve the children into the dispute between the parents.

Very truly yours,

Eric E. Willison