Grossman v. Morrison

Citations

• 2025 Ohio 5016

Syllabus

GUARDIAN AD LITEM – FEES – CONTEMPT – CUSTODY: Although the juvenile court had the authority to levy guardian ad litem fees as court costs against a party in a private custody dispute, the trial court erred in holding mother in contempt of court for her failure to pay the fees and sentencing her to a suspended three-day jail sentence. Court costs constitute a civil obligation for which a party may not be incarcerated under Article 1, Section 15 of the Ohio Constitution. Further, the guardian ad litem did not submit all billing statements to the trial court for approval and trial court failed to review the propriety of block-billed guardian ad litem fees, consider mother's ability to pay additional fees after parents' deposit to guardian ad litem was exhausted, and evaluate the fairness in the allocation of fees. Judgment reversed; cause remanded.