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Szymczak v. Tanner

Court of Appeals of Ohio, Ninth District

September 30, 2013

ANNE K. SZYMCZAK Appellee
v.
ANDREW N. TANNER Appellant

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF MEDINA, OHIO CASE No. 01 DR 0651

JAMES L. LANE, Attorney at Law, for Appellant.

DAVID H. FERGUSON, Attorney at Law, for Appellee.

DECISION AND JOURNAL ENTRY

WHITMORE, Judge.

(¶1} Appellant, Andrew Tanner ("Husband"), appeals from the judgment of the Medina County Court of Common Pleas, Domestic Relations Division. This Court affirms.

I

(¶2} Husband and Anne Szymczak ("Wife") were divorced in 2002. They have one minor child, D.T., from the marriage. A shared parenting plan was entered into as part of their divorce, but this plan was terminated in 2005 because there was too much animosity between Husband and Wife. At that time, the parties agreed that Husband would be designated as the residential parent and that the parties would comply with a standard parenting time order. Szymczak v. Tanner, 9th Dist. Medina No. 10CA0101-M, 2012-Ohio-540, ¶ 2.

(¶3} In 2007, Wife's parenting time was restricted because "the trial court found that [she] was exhibiting extreme animosity toward [Husband] in the presence of D.T. and that her inappropriate behavior posed a threat to his emotional well-being." Szymczak at ¶ 3. In June 2008, the parties entered into an agreement to restore Wife's parenting time and, ultimately, to return to the standard parenting time order. In 2009, having still not resumed standard parenting time, Wife filed a motion to modify her parenting time. In August 2010, after trial, the court denied Wife's motion. Wife appealed and this Court reversed. Szymczak at ¶ 26.

(¶4} On remand, the trial court entered an order granting Wife's motion and reinstating the standard parenting time order. Husband now appeals and raises five assignments of error for our review. To facilitate our analysis, we combine several assignments of error.

II

Assignment of Error Number One
THE TRIAL COURT ERRED AND ABUSED ITS DISCRETION BY GRANTING APPELLEE STANDARD PARENTING TIME RATHER THAN THE PARENTING TIME SCHEDULE SHE REQUESTED, AND THE PARTIES' (SIC) AGREED UPON, IN THE JOURNAL ENTRY OF JUNE 13, 2008.
Assignment of Error Number Three
THE TRIAL COURT ERRED AND ABUSED ITS DISCRETION BY FAILING TO DETERMINE IF APPELLEE HAD MET THE TERMS OF THE JUNE 13, 2008 JOURNAL ENTRY REQUIRING APPELLEE TO ATTEND INDIVIDUAL THERAPY AND CO-PARENTING THERAPY PRIOR ...

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