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Pastor v. Pastor

Court of Appeals of Ohio, Ninth District

September 25, 2013

BRIAN PASTOR Appellant
v.
TONYA PASTOR Appellee

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. 2011-04-0998

MORA LOWRY and KENNETH L. GIBSON, Attorneys at Law, for Appellant.

DAVID M. LENEGHAN, Attorney at Law, for Appellee.

DECISION AND JOURNAL ENTRY

HENSAL, Judge.

(¶1} Brian Pastor appeals a judgment of the Summit County common pleas court, domestic relations division, denying his motion to show cause. For the following reasons, this Court affirms.

I.

(¶2} Brian and Tonya Pastor divorced in August 2011. They have two minor children. Under the terms of their separation agreement, Father received the martial residence, but Mother was allowed to stay in it until July 2012. Under their original shared parenting plan, both parties were designated as residential parents. Because the parties wanted their children to remain in the same school district, the agreement provided that "[f]or school purposes only, the children's residence shall not be changed * * * without obtaining a modified parenting time order * * * or the written permission of the other party." Regarding the children's physical living arrangements, the agreement provided that Father would have the children on Tuesday nights, every Sunday for four hours, every other weekend, and "[a]t such other times as the parties may agree." It provided that Mother would have the children "[a]t all other times."

(¶3} In August 2012, the court entered an "Agreed Order" that amended the shared parenting plan. It provided that the children would remain in the same school district, but that, since Mother had moved out of the marital residence and Father had moved in, "the minor children shall reside primarily, for school purposes, with [Father]." The order also provided that "[c]ompanionship time between [Mother] and the minor children shall be as agreed upon between the parties. Except as stated herein, the parties' Shared Parenting Plan * * * shall remain in full force and effect."

(¶4} In September 2012, Father filed a motion to show cause, alleging that Mother was not complying with the terms of their modified shared parenting plan and that she was continuing to adhere to the original parenting time schedule. He argued that, under the terms of the "Agreed Order, " because he was now living at the marital residence, the children should reside primarily with him. Following a hearing, a magistrate ruled in Father's favor. She found Mother in contempt of court, and ordered her to pay Father's attorney fees. The trial court, however, sustained Mother's objections to the magistrate's decision. It determined that the purpose of the Agreed Order was to clarify that the children would remain in the same school district despite Mother's move out of the marital residence. It determined that the Agreed Order did not change any other aspects of the shared parenting plan and, therefore, it denied the motion to show cause. Father has appealed, assigning two errors.

II.

ASSIGNMENT OF ERROR I

THE TRIAL COURT ERRED IN ITS CONSTRUCTION OF THE AGREED ORDER FILED AUGUST 17, 2012.

ASSIGNMENT OF ERROR II

THE TRIAL COURT ERRED IN DENYING THE APPELLANT'S ...


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