Skip to content
Deacon Keith Fournier Hi readers, it seems you use Catholic Online a lot; that's great! It's a little awkward to ask, but we need your help. If you have already donated, we sincerely thank you. We're not salespeople, but we depend on donations averaging $14.76 and fewer than 1% of readers give. If you donate just $5.00, the price of your coffee, Catholic Online School could keep thriving. Thank you. Help Now >

Ohio Appeals Court, Catholic Mom argues Canon Law is Relevant to Divorce

Free World Class Education
FREE Catholic Classes

November 01, 2009 - 6:42 PST

FOR IMMEDIATE RELEASE
MEDIA ADVISORY

Parents who Lose Custody in No-Fault Divorce Routine Should Still be Able to Take Care of Children

CLEVELAND, OH (November 1, 2009) - Bai Macfarlane brought to the Ohio 8th District Court of Appeals questions affecting the divorced and child support. Her husband forced the divorce upon her. He used the courts to take the children from her, though she was never found to be an unfit parent. Despite her much lower income, she was ordered to pay her husband child support.

In her oral arguments in the appellate court on Wednesday, October 21, Macfarlane argued that her child support order should be reversed (see argument http://www.marysadvocates.org/ohiocase/091021opening.html). She can't afford legal counsel so she worked as her own attorney.

Ray Lautenschlager, President of Parents and Children for Equality, says she is correct. He has been following the Macfarlane case for years. "Parents who lose custody are being ordered to pay to support their children twice: first in their home where when they spend time with the children, and then in the other parent's home."

Macfarlane cited case law from an appeals court in Columbus, Ohio, that found the non-custodial parent to owe no child support because all the income of the non-custodial parent was used on her own necessities and the custodial parent did not need more money.

Deacon Keith Fournier Hi readers, it seems you use Catholic Online a lot; that's great! It's a little awkward to ask, but we need your help. If you have already donated, we sincerely thank you. We're not salespeople, but we depend on donations averaging $14.76 and fewer than 1% of readers give. If you donate just $5.00, the price of your coffee, Catholic Online School could keep thriving. Thank you. Help Now >

In the Ohio Revised Code, there is a conflict of law regarding which parent should pay support, asserted Macfarlane. One part of the law says the parent who loses the children should always pay child support. However, three other sections of the law conflict, and justify support being paid to the parent who lost the children.

Mrs. Macfarlane asked the appeals court to resolve the conflict in Ohio law and follow the example set by the Pennsylvania Supreme Court. They ruled that it is in the best interest of children for the high-income-earning custodial parent to pay child support to the low-income-earning non-custodial parent. This better provides for the children in both homes when there is a large difference between both parents' income.

Macfarlane was adamant that both parents' voluntary adherence to the Catholic Church's ecclesiastic laws is relevant to the civil court. She asked that the matter be sent to the Catholic Bishop or Tribunal because their Church laws include canon law on separation of spouses and canon law considers obligations of parents toward their children. The lower court denied Macfarlane the chance to question her husband about their shared religion. She asked the appeals court to remand the case back to the trial court so she can establish the fact that both parents are professed canon-law-following Catholics. "If both parents agree to follow their Church's canon law" said Macfarlane, "the civil court must let the Church apply its own canon law to our family."

To strengthen marriage and to eliminate forced no-fault divorce are two objectives of the non-profit organization that Macfarlane founded, Mary's Advocates. They are inviting everyone to pray for the appeals court judges, two who went to local Catholic High schools. Presiding Judge, Sean Gallagher, graduated from St. Edward High School and was named "Legal Eagle - Man of the Year" for the School in 2005. Judge Frank Celebrezze attended Holy Name High School. The third judge is James Sweeney.

Contact: Bai Macfarlane
ma.defending@marysadvocates.org
440-871-5404
argument http://www.marysadvocates.org/ohiocase/091021opening.html

Ray Lautenschlager
Parents and Children for Equality
(330) 907-0664

Contact

Mary's Advocates
http://www.marysadvocates.org/eventsnews/091021appealstory.html
OH, 44145 US
Bai Macfarlane - Director, 871 5404

Keywords

divorce catholic

Category

Catholic Organizations

More Catholic PRWire

Showing 1 - 50 of 7,177

When Pope Francis Arrives in North America, There is Only One Network to Watch: EWTN Global Catholic
EWTN Global Catholic Network
September 16, 2015 - 5:17 PDT

GHIRELLI'S WORLD MEETING OF FAMILIES ROSARIES NOW AVAILABLE
The Word Out | Marketing For Catholics
September 11, 2015 - 11:44 PDT

The Synod on the Family: Addressing the Instrumentum Laboris
Franciscan University of Steubenville
September 11, 2015 - 10:26 PDT

OCP Artist, Pedro Rubalcava, Writes Song for Pope Francis' Visit
OCP (Oregon Catholic Press)
September 10, 2015 - 2:50 PDT

Pre-Synod Conference unites Cardinals and men and women living with homosexual tendencies
September 09, 2015 - 2:58 PDT

The Rigging of a Vatican Synod
September 02, 2015 - 3:44 PDT

17 Cardinals and Counting
August 31, 2015 - 3:38 PDT

19th Annual Carnival Announced for St. Ann's Parish
August 28, 2015 - 9:20 PDT

The John Paul II International Film Festival Marks Its Five-Year Anniversary
August 27, 2015 - 6:09 PDT

OCP Pledges to Support the V Encuentro
OCP (Oregon Catholic Press)
August 27, 2015 - 2:51 PDT

Thu, Sept 24, 2015- Mass & Healing Service with Fr. Angelos Sebastian Our Lady of Grace Catholic Chu
August 26, 2015 - 4:03 PDT

Grief, Death, Eternal Life Explored in New Catholic Title by PBM
Pauline Books & Media
August 25, 2015 - 3:55 PDT

How do we live the truth in love when the culture says we're haters?
August 25, 2015 - 9:52 PDT

Right Next to Disneyland: Theater Meets Faith
Saint Luke Productions
August 19, 2015 - 1:29 PDT

OCP Parish Grant Program to Distribute $200,000 to U.S. Parishes
OCP (Oregon Catholic Press)
August 18, 2015 - 1:23 PDT

Franciscan University Joins With UK School to Offer Online Master of Catechetics Degree
Franciscan University of Steubenville
August 05, 2015 - 2:20 PDT

CONOR GALLAGHER NAMED PUBLISHER OF TAN BOOKS AND SAINT BENEDICT PRESS
Saint Benedict Press & TAN Books
July 20, 2015 - 12:49 PDT

Thérčse Drama Surprises Audiences
Saint Luke Productions
July 16, 2015 - 12:35 PDT

Catholic Press Association Honors Liguori
Liguori Publications
July 10, 2015 - 8:29 PDT

Crosier Order elects master general and councilors
June 26, 2015 - 2:06 PDT

World Library Publications Honored With Three Paul Revere Awards
World Library Publications
June 23, 2015 - 4:11 PDT

Indie Catholic Authors June Ebook Sale Offers the Faithful 17 Books Outside the Mainstream
Four Waters press
June 23, 2015 - 12:10 PDT

Limitless Love in Action: First Steubenville Youth Conference Inspires Teens to Bring the Fire Home
Franciscan University of Steubenville
June 18, 2015 - 2:03 PDT

Franciscan University of Steubenville Athletic Director Enshrined in Sports Faith Hall of Fame
Franciscan University of Steubenville
May 29, 2015 - 1:53 PDT

AWARD-WINNING CATHOLIC AUTHORS TEAM-UP TO PROMOTE HEALING THROUGH FORGIVENESS
Pauline Books & Media
May 27, 2015 - 12:32 PDT

NY CONCERT FOR NEPAL 5/31
May 27, 2015 - 1:22 PDT

Who's responsible for designing the designer?
May 19, 2015 - 11:12 PDT

Thu, Jun 11, 2015- Mass & Healing Service with Fr. Bill Adams at Our Lady of Grace Catholic Church
May 13, 2015 - 4:21 PDT

Your search for true happiness is over
May 05, 2015 - 1:22 PDT

ValLimar Jansen's latest album "a soulful experience"
OCP (Oregon Catholic Press)
April 30, 2015 - 1:33 PDT

Uncovering the roots (and branches) of the greatest revolution in the American Catholic Church
April 28, 2015 - 9:45 PDT

NYC May 8, 2015 Spring Fling Catholic Singles Mingle Fundraiser
The Catholic Fellowship
April 18, 2015 - 9:07 PDT

Thank A Nun Day
Image Books/Random House
April 15, 2015 - 12:32 PDT

#TweetingwGod dares young people to believe
April 14, 2015 - 9:54 PDT

Experience Beloved: Finding happiness in marriage
April 13, 2015 - 1:27 PDT

Archbishop Aquila, Dr. Edward Sri and other experts to participate in 'Beloved' telepress conference
April 07, 2015 - 4:51 PDT

Nobis Media, Marketing & Web Development Company
April 01, 2015 - 5:49 PDT

Catholic toymaker puts Faith in hands and mouths of babies: Pope Francis doll added to line of toys
The Word Out | Marketing For Catholics
April 01, 2015 - 3:48 PDT

Concert Series Concludes with Winthrop University World Percussion Ensemble
April 01, 2015 - 2:48 PDT

Birth Choice Health Clinics Announces Transition to Obria Medical Clinics and Plans for Expansion
March 28, 2015 - 10:43 PDT

We ask you, humbly: don't scroll away.

Hi readers, it seems you use Catholic Online a lot; that's great! It's a little awkward to ask, but we need your help. If you have already donated, we sincerely thank you. We're not salespeople, but we depend on donations averaging $14.76 and fewer than 1% of readers give. If you donate just $5.00, the price of your coffee, Catholic Online School could keep thriving. Thank you.

Help Now >

OCP releases expanded edition of Mass of the Sacred Heart
OCP (Oregon Catholic Press)
March 24, 2015 - 4:43 PDT

Archbishop Aquila, Dr. Edward Sri and other experts participate in 'Beloved' tele-press conference
March 21, 2015 - 11:57 PDT

Priest and Seminarian Join National Three-Point Contest to Benefit Marriage Ministry
Paradisus Dei
March 13, 2015 - 10:20 PDT

Shroud of Turin Exhibit At Holy Spirit Brighton
Holy Spirit Catholic Church and School
March 12, 2015 - 3:58 PDT

Flor y Canto campaign invites the Hispanic community to share their stories
OCP (Oregon Catholic Press)
March 11, 2015 - 4:40 PDT

Crisis Pregnancy Center Dream Becoming Reality
TRFC Inc.
March 10, 2015 - 6:36 PDT

Crisis Pregnancy Center Dream Becoming Reality
TRFC Inc.
March 09, 2015 - 7:04 PDT

Join RealOptions 2015 Walk for Life and 5K Run!
RealOptions Pregnancy Medical Clinics
March 09, 2015 - 2:40 PDT

New Orchestra Comes to Mary's Nativity Church
March 09, 2015 - 12:06 PDT

Paradisus Dei Offers New Marriage Program to Churches at No Cost
Paradisus Dei
March 05, 2015 - 6:25 PST

We ask you, humbly: don't scroll away.

Hi readers, it seems you use Catholic Online a lot; that's great! It's a little awkward to ask, but we need your help. If you have already donated, we sincerely thank you. We're not salespeople, but we depend on donations averaging $14.76 and fewer than 1% of readers give. If you donate just $5.00, the price of your coffee, Catholic Online School could keep thriving. Thank you.

Help Now >

Join the Movement
When you sign up below, you don't just join an email list - you're joining an entire movement for Free world class Catholic education.

Lent logo
Saint of the Day logo

Catholic Online Logo

Copyright 2024 Catholic Online. All materials contained on this site, whether written, audible or visual are the exclusive property of Catholic Online and are protected under U.S. and International copyright laws, © Copyright 2024 Catholic Online. Any unauthorized use, without prior written consent of Catholic Online is strictly forbidden and prohibited.

Catholic Online is a Project of Your Catholic Voice Foundation, a Not-for-Profit Corporation. Your Catholic Voice Foundation has been granted a recognition of tax exemption under Section 501(c)(3) of the Internal Revenue Code. Federal Tax Identification Number: 81-0596847. Your gift is tax-deductible as allowed by law.