Kelm v. Kelm

Summary

The Ohio Supreme Court held that disputes concerning child custody and parental visitation cannot be resolved through arbitration because the courts have exclusive authority to protect the best interests of children. The court further held that the parties’ agreement to arbitrate was void and unenforceable, and that the appellee had not waived her challenge to the agreement. Res judicata also did not bar the challenge because custody and visitation orders remain subject to future modification.

Holdings

1. In a domestic-relations case, matters of child custody and parental visitation are not subject to arbitration; the authority to resolve those disputes rests exclusively with the courts, and any contrary agreement is void and unenforceable.
2. The appellee did not waive her right to challenge the arbitration provision by agreeing to the shared-parenting plan or consenting to its incorporation into the divorce decree.
3. Res judicata did not bar the appellee's challenge to the arbitration provision because custody and visitation orders remain subject to future modification, making strict application of claim preclusion impractical in this context.

Questions Presented

1. Whether child-custody and parental-visitation disputes may be resolved through arbitration.
2. Whether the appellee waived her right to challenge the arbitration provision by agreeing to the shared-parenting plan and consenting to its incorporation into the divorce decree.
3. Whether res judicata barred the appellee's challenge because she could have challenged the arbitration provision in the original divorce action.

Disposition

affirmed