Davis v. Flickinger

In Davis v. Flickinger, 77 Ohio St.3d 415, 1997 Ohio 260, 674 N.E.2d 1159, the Ohio Supreme Court reviewed R.C. 3109.04(E)(1)(a) to determine the appropriate standard of appellate review. In holding that the abuse of discretion standard controlled, the Ohio Supreme Court reviewed the requirements of R.C. 3109.04(E)(1)(a) in the context of the facts of the case. Id. Notably, the court began its analysis by addressing the best interest of the child. The court stated, "when one parent begins to cut out another parent, especially one that has been fully involved in that child's life, the best interest of the child is materially affected. To ask to totally end a child's relationship with a heavily involved and obviously caring parent demonstrates, on the part of the mother, a clear disregard for the best interest of the child." Id. at 420. The court then applied a combined analysis, simultaneously addressing the interaction between a change of circumstances and the best interest of the child factors. "While a new marriage, alone usually does not constitute a sufficient change in circumstances, a new marriage that creates hostility by the residential parent and spouse toward the nonresidential parent, frustrating attempts at visitation, may be an unforeseen change in circumstances warranting further inquiry into the best interest of the child." In concluding their analysis, the court stated, "in addition, the court could consider the change in circumstances created by the maturing of the child." Id.