Kelm v. Kelm

749 N.E.2d 299 (2001)

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Nature of the Case

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Facts

H and W got a divorce. The judgment incorporated the parties' shared parenting plan, which provided, inter alia, that any future disputes between the parties regarding child custody or visitation would be submitted to arbitration. W filed a motion to modify or terminate the shared parenting plan. H responded by filing a motion to stay proceedings and to compel arbitration pursuant to the shared parenting plan. The trial court issued a judgment entry overruling H's motion. The trial court concluded that, under Ohio law, matters relating to child custody are not subject to arbitration. H appealed. The court of appeals affirmed the judgment of the trial court, holding that the use of arbitration to resolve child custody or visitation disputes conflicts with the duty of the domestic relations courts to protect the best interests of children. This appeal resulted.