Pluskota v. McVicker

Summary

The Fifth District Court of Appeals reversed and remanded a Stark County family court judgment concerning a father's supervised parenting time. The court held that the trial court abused its discretion by relying on a guardian ad litem's post-hearing visitation recommendation without allowing the parties to argue regarding it or cross-examine the guardian ad litem. The court did not reach the appellant's remaining assignments of error.

Holdings

1. Although Civil Rule 53 permits a trial court to receive additional evidence when ruling on objections to a magistrate's decision, the court abused its discretion by relying on the guardian ad litem's updated recommendation without giving Mother an opportunity to argue her position and cross-examine the guardian ad litem.
2. The court declined to address Mother's first and third assignments of error because its disposition of the second assignment of error was dispositive.

Questions Presented

1. Whether the trial court abused its discretion by considering the guardian ad litem's post-trial updated visitation recommendation without allowing Mother to argue about the recommendation or cross-examine the guardian ad litem.
2. Whether the trial court abused its discretion by modifying the magistrate's visitation decision.
3. Whether the trial court adequately explained its findings and conclusions when modifying the magistrate's decision.

Disposition

reversed_and_remanded