King v. King, Unpublished Decision (8-24-2005)
King v. King, Unpublished Decision (8-24-2005)
Opinion of the Court
{¶ 3} Without taking evidence, the magistrate denied Appellant's motion. Appellant filed a motion to set aside the magistrate's decision, effectively arguing that the magistrate's decision was against the manifest weight of the evidence. The trial court overruled Appellant's motion and adopted the magistrate's decision, denying Appellant's motion to place the children in Catholic school. Appellant has timely appealed, raising four assignments of error for our review. For ease, Appellant's second and third assignments of error have been consolidated.
{¶ 4} In his first assignment of error, Appellant has argued that the trial court erred when it denied his motion for school enrollment. Specifically, Appellant has asserted that as the de facto custodial parent he is entitled to determine where the children attend school. We disagree.
{¶ 5} A trial court retains broad discretion in child custody matters, and this Court will only reverse the trial court upon a showing of an abuse of discretion. Booth v. Booth (1989),
{¶ 6} Appellant has asserted that common law provides him the right to make choices regarding the children's schooling because he is the de facto custodial parent. Appellant's claim, however, ignores the plain language of the parties' shared parenting plan which provides:
"Commencing Fall 2004, the children shall be enrolled in Wadsworth Public Schools."
The shared parenting plan was incorporated into the parties' divorce decree, and Appellant did not appeal from that decree. Under the doctrine of res judicata, "[a] valid, final judgment rendered upon the merits bars all subsequent actions based upon any claim arising out of the transaction or occurrence that was the subject matter of the previous action." Grava v. Parkman Twp. (1995),
{¶ 7} In his second and third assignments of error, Appellant has argued that the trial court violated his constitutional rights when it denied him the right to send his children to a religious school. We disagree.
{¶ 8} An appellate court may generally not consider any error which "a party complaining of the trial court's judgment could have called but did not call to the trial court's attention at a time when such error could have been avoided or corrected by the trial court." State v. Childs
(1968),
{¶ 9} In the instant matter, Appellant did not challenge the validity of the magistrate's decision on constitutional grounds. Accordingly, Appellant has waived these arguments on appeal. Id. See also Civ.R. 54(E)(3)(d). Appellant's second and third assignments of error lack merit.
{¶ 10} In his final assignment of error, Appellant has asserted that the trial court violated his right to due process when it failed to permit him to introduce evidence in support of his motion. We disagree.
{¶ 11} As indicated in our response to Appellant's first assignment of error, Appellant could not collaterally attack the parties' shared parenting plan. Accordingly, the trial court was left only to interpret the shared parenting plan. As the language of the plan was unambiguous, the trial court did not err in refusing to admit further evidence. SeeAmeriTrust Co. v. Murray (1984),
Judgment affirmed.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Medina, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30.
Costs taxed to Appellant.
Exceptions.
Carr, J., Moore, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.