Legal Question in Family Law in Ohio

Is the next step Appeal Court?

My Motion to Relocate my child (150 miles away in the same state) was approved by the Magistrate after trial. The Judge also upheld this decision. My ex is still fighting me and the only basis for his objection to the Magistrate's decision is ''a change of circumstances''.

Is the next step for him to file an Appeal?

Does he need to ask permission to Appeal?

Does my case stay in the same court?

Do I have any recourse against the court since I have incurred enormous amounts of legal fees due to the court being slow.(It took me exactly 1 year for an Order by the Judge). Had this pleading gone through the system faster, I wouldn't have incurred so much in legal fees.

Any help you can provide would be appreciated.


Asked on 8/23/01, 7:54 am

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Is the next step Appeal Court?

Once the Judge has issued an order, your ex's next step is to file an appeal. In the appellate court no evidence is taken and one only argues issues of law. If one is arguing questions of fact, he must show that the Judge abused his or her discretion. It is a very tough burden to prove.

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Answered on 8/23/01, 10:53 pm


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