In re D.M.

Citations

• 2023 Ohio 3874

Syllabus

Personal jurisdiction Civ.R. 52 plain error guardian ad litem Prof.Cond.R. 1.3 motion to withdraw. The trial court had personal jurisdiction over the mother when the mother and her counsel appeared at pretrial hearings, filed and responded to motions, and otherwise participated in the case. The trial court committed plain error when it did not continue the hearing on the father's motions to modify custody the court was aware that the mother was hospitalized and could not attend the hearing. Mother's counsel had filed a motion to withdraw but the court did not grant the motion until a week after the hearing and mother's attorney also failed to attend the hearing. The trial court also erred in issuing journal entries stating that it was the parties' burden to make sure their attorneys appeared and were prepared for hearings it is not a litigant's responsibility to secure their attorney's appearance or readiness in court. The court abused its discretion in relying on the guardian ad litem's report when the guardian ad litem did not appear for the hearing, when the GAL provided a copy of his report only to the father, and when there is nothing in the record to indicate that the mother or her counsel were made aware of the report.