Domestic Relations Division – Local Rules of Court
Effective January 1, 2026
Local Rules of Court Overview
The Local Rules of Court for the Domestic Relations Division of the Fairfield County Common Pleas Court outline procedural guidelines effective January 1, 2026.
- The rules apply specifically to the Domestic Relations Division.
- They incorporate the General Division's Rules of Practice for procedural matters not covered.
- Court hours are set from 8:00 A.M. to 4:00 P.M. on weekdays, excluding legal holidays.
Pleadings Format and Procedure
This section details the requirements for pleadings and motions filed in court.
- All pleadings must include the full names and addresses of all parties.
- Social Security numbers are not required in filings.
- Initial filings must follow specific case identification formats, such as "Divorce with Children" or "Motion for Temporary Order."
- Affidavits regarding income and assets must be filed in relevant cases.
- Documents must be typewritten or legibly printed on standard paper size.
Special Filing Requirements
This rule outlines the procedure for filing documents that require court attention.
- Counsel must provide the Court Administrator with stamped copies of specific documents, including requests for findings and objections to magistrate reports.
- Personal identifiers must be omitted or redacted from case documents, with a Personal Identifier Form required for certain filings.
Counsel of Record Guidelines
This section describes the requirements for attorneys representing parties in court.
- Entries of appearance must be in writing and signed by counsel.
- Counsel must remain on the case until it concludes unless a formal withdrawal is filed.
- Requests for withdrawal must include reasons and may be denied if filed close to a hearing date.
Time Requirements for Filings
This rule specifies the timelines for filing documents and motions in court.
- Filings must occur within 14 days unless otherwise specified.
- Extensions for filing require a motion detailing reasons and prior extensions.
- Cases inactive for six months may be dismissed after notifying counsel.
Service of Process Regulations
This section outlines the procedures for serving documents to parties involved in court cases.
- Service must comply with Civil Rule 4.
- If a party's residence is unknown, specific procedures for service by publication are provided.
- Failure to serve post-decree motions within 45 days may lead to dismissal.
Civil Protection Orders Procedures
This rule governs the issuance and management of civil protection orders.
- A hearing is required for all civil protection orders, with the first hearing potentially being ex parte.
- Failure to serve the respondent before the second hearing may result in dismissal.
- Orders issued after a full hearing can last up to five years.
Motions and Their Requirements
This section details the requirements for filing motions in court.
- All motions must include a memorandum stating the grounds and relevant case authority.
- Notice of hearing must accompany motions unless waived by the court.
- Non-oral motions must be filed with all necessary documents by the day before the hearing date.
Temporary or Pendente Lite Orders
This rule outlines the requirements for temporary support motions.
- Requests for temporary spousal or child support must include accurate financial affidavits.
- Specific guidelines for the content and format of these motions are provided.
Financial Affidavit Requirements for Support
- Completed worksheets and last year’s federal tax returns must be filed if available.
- Current wage statements or pay stubs showing year-to-date earnings are required.
- Self-employed income must be verified under oath.
- Affidavits must include living expenses, monthly debt obligations, and gross/net monthly earnings.
- Affidavits must be on prescribed forms; any deviations must include all required information.
- Additional affidavits may be filed with court permission before non-oral hearings.
- Inaccurate financial information may lead to sanctions, including termination of orders.
Motion to Vacate Premises
- The motion must state specific reasons and be supported by an affidavit or verified complaint.
- The Court will only grant the motion if there is evidence of physical violence, threats, or abuse.
- Other justifiable reasons may also be considered for granting the motion.
Temporary Restraining Orders Guidelines
- A reciprocal restraining order is automatically issued upon filing a divorce complaint.
- Restraining orders cannot be used to determine custody but can prevent removal of children from jurisdiction.
- Attorneys must certify that their restraining orders match the Court's approved format.
- Violations of this rule may result in sanctions against the attorney.
Pretrial Reviews and Hearings
- Pretrial reviews aim to narrow issues and set trial dates.
- Attorneys must comply with discovery orders and be prepared to discuss case progress.
- Parties must attend pretrial hearings unless excused for good cause.
Mediation Procedures and Guidelines
- Mediation is encouraged in all domestic relations cases unless exempted.
- The Court may order mediation or parties may request it.
- Confidentiality of mediation communications is protected under the Uniform Mediation Act.
- Mediators must screen for domestic violence and ensure appropriate referrals.
Parenting Time Orders and Considerations
- Parenting plans should be tailored to family needs and consider children's developmental requirements.
- Standard parenting time orders are established for parents living within 150 miles of each other.
- Specific schedules for holidays, birthdays, and summer vacations are outlined.
- Long-distance parenting time provisions are also included for parents living over 150 miles apart.
Guardian ad Litem Appointment and Responsibilities
- Counsel must notify the Assignment Commissioner for Guardian ad Litem requests.
- Guardians are appointed to represent the best interests of the child and may be compensated.
- Responsibilities include making recommendations, interviewing relevant parties, and maintaining confidentiality.
- Guardians must complete required training and submit reports to the Court.
Hearing and Trial Assignments Procedures
- Assignments are made by the Assignment Commissioner, and notice must be given to opposing counsel.
- Expedited hearings may be requested in emergencies.
- Uncontested matters are defined, and final hearings may be delayed due to insufficient security deposits.
Continuance Requests and Requirements
- Continuance motions must be in writing and specify reasons, including prior requests.
- Automatic denial occurs if opposing counsel is not contacted.
- Continuances requested within seven days of a hearing are generally denied unless extraordinary circumstances are shown.
Compensation and Powers of Magistrates
- Compensation is set by the Court and is not taxable as costs.
- Magistrates can be referred cases for pretrial or post-judgment motions, non-jury trials, and, with consent, jury trials.
- They have the authority to issue subpoenas, rule on evidence admissibility, and examine witnesses under oath.
- In contempt cases, magistrates can issue attachments and set bail.
- They can enter pretrial orders without judicial approval and impose contempt sanctions in their presence.
Procedures for Magistrate Decisions
- They must conduct necessary proceedings and file a decision with the clerk, serving copies to all parties.
- If requested, they must include findings of fact and conclusions of law in their decisions.
- Parties have 14 days to file objections to a magistrate's decision, with specific requirements for the objections.
- The Court may adopt, reject, or modify the magistrate's decision after considering objections.
Objections to Proposed Decisions
- Objections must state particular grounds and be served on opposing counsel and the Court Administrator.
- If a transcript is needed to support objections, a written motion for an extension must be filed.
- Failure to deposit required amounts for transcripts may result in waiving objections.
Procedures for Scheduled Hearings
- Delays may occur if meaningful negotiations lead to settlements.
- Written memorandum entries must be prepared and signed by both parties if a settlement is reached.
Requirements for Entries and Orders
- Counsel must submit entries within 15 days of the Court's direction, with provisions for objections.
- Final decrees must be submitted within 90 days of the final hearing, including necessary information about the parties.
Child Support Enforcement Agency Duties
- CSEA collects and disburses spousal and child support payments and maintains records.
- All support orders must include required notice language regarding obligations to notify the agency of changes.
- The agency is responsible for preparing income withholding orders and ensuring compliance with support orders.
Parenting Coordination Process
- It is not mediation and is governed by specific rules.
- The Court may order parenting coordination in cases of ongoing conflict or when frequent adjustments are needed.
- Parenting coordinators must meet specific qualifications and complete continuing education requirements.
Custody of Files and Exhibits
- Only authorized individuals may remove documents from the Clerk's custody.
- Exhibits must be retrieved within specified timeframes or will be destroyed.
- Audio recordings of proceedings are retained for five years after final judgment.
Court Reporter and Transcript Procedures
- Court proceedings are recorded electronically, and transcripts must be ordered through certified court reporters.
- Parties must request transcripts within 14 days of a magistrate's decision.
- Court reporters must meet specific qualifications and maintain records of fees and costs associated with transcripts.
Parenting Coordinator Complaint Process
- The Court Administrator provides a copy of the complaint to the parenting coordinator.
- The parenting coordinator has 14 days to respond in writing to the Court Administrator.
- The Court Administrator investigates alleged misconduct and issues a response within 30 days.
- Dissatisfaction with decisions does not constitute misconduct.
- Violations of rules may lead to sanctions, including fees, contempt of court, or attorney fees.
Custody Evaluation Definitions and Procedures
- "Best interest" aligns with R.C. 3109.04 and 3109.051.
- A custody evaluation is an expert analysis of a child's needs and the parties' capacities.
- Custody evaluators can be court-connected or private.
- Evaluators must meet specific licensure and training requirements.
- The Court maintains a list of eligible custody evaluators, including their fees and qualifications.
Custody Evaluator Appointment and Responsibilities
- The Court may order a custody evaluation to assess a child's best interest.
- Fees are allocated based on the evaluator's rates and the parties' financial abilities.
- A custody evaluator can be removed for good cause, and they may resign with Court approval.
- Evaluators must be familiar with their duties and communicate effectively with the Court.
Custody Evaluation Report Guidelines
- Reports must be submitted to the Court and relevant parties at least 30 days before a hearing.
- Unauthorized distribution of reports may lead to contempt penalties.
- The Court can access reports for settlement conferences but they are not publicly accessible.
- Evaluators must be available for testimony regarding their reports if subpoenaed.
Comments and Complaints Submission Process
- Comments or complaints must be submitted in writing to the Court Administrator.
- The Court maintains a file for all complaints regarding custody evaluators.
- Evaluators have 30 days to respond to complaints, and the Court Administrator reviews these responses.
- The Court determines compliance with rules and may suggest corrective actions.
Electronic Filing Procedures
- The Administrative Order regarding electronic filing governs all civil cases in this division.
- All electronically filed documents must comply with local rules and the Administrative Order.
Precedence of Local Rules
- These rules supersede all local rules issued from July 1, 1991, to December 31, 2025.
- The rules are adopted for the Common Pleas Court of Fairfield County, Domestic Relations Division, effective January 1, 2026.