State ex rel. Z.N. v. Jones

Citations

• 2024 Ohio 2449

Syllabus

Prohibition, Domestic Relations Court, R.C. 2301.03 - Jurisdiction of Domestic Relations Courts R.C. 3109.051 – Order Granting Parenting Time, Companionship, or Visitation Rights. The principles governing prohibition are well established. Prohibition requires that the relator demonstrate (1) the respondent against whom it is sought is about to exercise judicial power, (2) the exercise of such power is unauthorized by law, and (3) there is no adequate remedy at law. Prohibition will not lie unless it clearly appears that the trial court has no jurisdiction of the cause that it is attempting to adjudicate, or the court is about to exceed its jurisdiction. Prohibition will not issue to prevent an erroneous judgment, to serve the purpose of appeal, or to correct mistakes of the lower court in deciding questions within its jurisdiction. Furthermore, it should be used with great caution and not issue in a doubtful case. Herein, the domestic relations judge unquestionably possesses subject-matter jurisdiction over the underling action for divorce pursuant to R.C. 2301.03. In Cuyahoga County, domestic relations judges have all the powers relating to all divorce, dissolution, alimony, and annulments cases. In addition, Ohio specifically recognizes the rights of nonparents to companionship or visitation with a minor child. Complaint for writ of prohibition is dismissed.