Naegel v. Naegel

In Naegel v. Naegel (Jan. 31, 1994), Clermont App. No. CA93-06-041, 1994 Ohio App, the mother asked the trial court to interview the parties' children in chambers. The trial court denied the request and awarded custody of the children to the father. the Court reversed the trial court's denial of the request, stating: "In our view, the language of R.C. 3109.04(B)(1) is clear and unambiguous and should be applied as written. R.C. 3109.04(B)(1) states that upon the request of either party, the court shall interview the children in chambers. The use of the word 'shall' denotes that compliance with the commands of the statute is mandatory. Accordingly, since [the mother] asked the court to interview the children, the court was obligated to do so." Naegel, Clermont App. No. CA93-06-041, 1994 Ohio App.