Legal Question in Family Law in Ohio
If an verbal agreement about visitation during the holidays was made in front of the magistrate, does the other party have to comply with that plan even if they refuse to sign the written agreement? My ex was suppost to have our daughter two weekends in a row, instead of the standard order for Christmas, and now claims he doesn't agree to that schedule. If he doesn't take her the second weekend, does he forfeit his time with her?
1 Answer from Attorneys
In Ohio, unless the agreement is in writing and either signed by both sides, or unless the agreement is in writing and signed by the Judge, then it will not be enforceable and whatever order pre-existed the dispute will still be in effect. While his acts contrary to what he agreed to before the Magistrate will certainly put him in a bad odor with the Magistrate in future proceedings, disobeying what he said he would do orally in court will likely not be sufficient to subject him to contempt proceedings.
You need to get an order from the Court in order to enforce an order from the Court.
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