Court of Appeals of Ohio, Twelfth District, Butler
FROM BUTLER COUNTY COURT OF COMMON PLEAS DOMESTIC RELATIONS
DIVISION Case No. DR2003-08-0904
Lampe Law Office, LLC, M. Lynn Lampe, Hanna B. Haddad, for
DaSilva, pro se
1} Appellant, Martha DaSilva ("Mother"),
appeals a decision of the Butler County Court of Common
Pleas, Domestic Relations Division, modifying shared
parenting and naming appellee, Paulo DaSilva
("Father"), residential parent.
2} The parties were married and had a child. The
couple later divorced and shared custody according to a
shared parenting plan. However, both moved to modify the
shared parenting plan after Mother accepted a job in Seattle,
Washington and wanted to take the child with her. A
magistrate considered the multiple motions filed by both
parties regarding the modification of shared parenting, held
a hearing over multiple days, and interviewed the child in
3} The magistrate named Father residential parent
and ordered that Mother not take the child to Seattle with
her. The magistrate also determined Mother's child
support obligation given the change in parenting orders.
Mother filed objections to the magistrate's decision,
which were overruled by the trial court because Mother failed
to file a transcript of the hearing. Mother appeals the trial
court's order, raising several assignments of error for
4} Mother's assignments of error ask this court
to review factual determinations of the domestic relations
court, yet she has failed to file a transcript of the hearing
with this court. According to App.R. 9(B)(3), the appellant
has the burden to order a written transcript for this court
to use in our review of the lower court's decision.
App.R. 9(B)(4) provides that "if the appellant intends
to present an assignment of error on appeal that a finding or
conclusion is unsupported by the evidence or is contrary to
the weight of the evidence, the appellant shall include in
the record a transcript of proceedings that includes all
evidence relevant to the findings or
5} Mother alleges "bullying, discrimination,
hostility," bias, and prejudice against her by the
magistrate and trial court, abuse of discretion by the
magistrate and trial court regarding their decisions, as well
as misapplication of law given the facts and circumstances of
her relationship with the child and the child's
relationship with Father. However, this court is unable to
review any of Mother's alleged errors without a
transcript. Unfortunately for Mother, meaningful
appellate review does not permit simply accepting one
party's unsupported interpretation of the testimony and
evidence as the only valid interpretation. When the portions
of a transcript necessary for resolution of assigned errors
are omitted from the record, a reviewing court has nothing to
pass upon and thus the court has no choice but to presume the
regularity of the lower court's proceedings and affirm.
Spicer v. Spicer, 12th Dist. Butler No.
CA2005-10-443, 2006-Ohio-2402, ¶ 5. Mother's
assignments of error are therefore overruled.
6} Judgment affirmed.
RINGLAND, P.J., and S. POWELL, J., concur.
Although Mother urges that we
make an exception in her case, the word "shall" is
mandatory because the transcript is crucial in deciding the
issues raised. Brown v. Brown, 12th Dist. Madison