FRANKLIN COUNTY RULES OF PRACTICE
OF THE COURT OF COMMON PLEAS
Domestic Relations Division
Effective July 1, 1984 unless otherwise noted

DOMESTIC RULES
 
 

RULE 36:

REGISTRATION OF ORDERS FROM ANOTHER STATE; CERTIFICATION TO JUVENILE COURT

(A) Registration of Parenting Decree of Another State

A parenting decree of another state may be registered pursuant to the Uniform Child Custody Jurisdiction Act, R.C.3109.21 through 3109.37. The registration of a parenting decree does not vest this court with jurisdiction to act with regard to child support, spousal support or property division.

Pursuant to 3109.32, a certified copy of a parenting decree of another state may be filed in the office of the Clerk of Courts. Upon filing, the decree shall be treated in the same manner as a parenting decree of a court of this state.

(B) Enforcement and / or Modification of a Parenting Decree of Another State

At the time the parenting decree of another state is registered, or subsequent thereto, any party seeking to enforce and / or modify that parenting decree may file a motion setting forth the relief requested and specifying the reasons this court should assume jurisdiction. All parties to the proceeding, in his / her first pleading or in an affidavit attached thereto, shall provide the information required by R.C. 3109.27.

Prior to issuing any orders, this court must determine that it has jurisdiction to issue parenting orders pursuant to R.C.3109.22. This court will not exercise jurisdiction if, at the time of the filing of the action, a parenting proceeding is pending in another state exercising jurisdiction substantially in conformity with R.C.3109.21 to R.C.3109.37, unless the court in the other state has declined to exercise jurisdiction because this court is the more appropriate forum.

(C) Registration of a Support Order of Another State

Support order, as defined in R.C.3115.01(W), includes an order for spousal support.

State, as defined in R.C.3115.01(U), includes Indian tribes and foreign jurisdictions that have enacted a law or established procedures for issuance and enforcement of support orders that are substantially similar to the procedures under R.C.3115.01 to 3115.59.

A party seeking to register a support order of another state for the purpose of enforcement or modification, shall file the documents and information required by R.C.3115.39 in the office of the Clerk of Courts. Upon filing, the Clerk of Courts shall send notice of the registration to the nonregistering party, as required by R.C.3115.42. Pursuant to R.C. 3115.43, the nonregistering party may contest the validity or enforcement of the registered order by filing a motion and requesting a hearing no later than twenty days after the date of mailing or personal service of the notice of registration. If the nonregistering party fails to file a timely motion and request for hearing, the order is confirmed by operation of law.

If the nonregistering party files a timely motion and request for hearing, the court will conduct a hearing to determine whether the registered order should be confirmed. The party contesting the validity or enforcement of a registered order, or seeking to vacate the registration, has the burden of proving one or more of the defenses listed in R.C.3115.44.

Registration of a support order of another state does not vest this court with jurisdiction to enforce or modify parenting orders.

(D) Modification of a support order of another state

A motion to modify a support order of another state may be filed at the same time as, or subsequent to, a request for registration. The motion must specify the grounds for modification.

Pursuant to R.C.3115.50, this court may modify a child support order if all individuals reside in this state and the child does not reside in the issuing state. Further, the court may modify a child support order of another state if the requisites of R.C.3115.48 are met.

(E) Certification to Juvenile Court

Pursuant to R.C.3109.06, this court, when exercising jurisdiction regarding the allocation of parental rights and responsibilities for a minor child, or regarding support of a minor child, may, on its own motion or the motion of any party, and with the consent of the juvenile court, certify the record in the case to the juvenile court for further proceedings. However, in cases in which this court finds the parents unsuitable to have parental rights and responsibilities, and unsuitable to provide the place of residence and to be the legal custodian of a child, the consent of the juvenile court is not required. Upon certification, the juvenile court shall have exclusive jurisdiction.

Effective November 1, 2004