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FILED IN DISTRICT COURT
OKLAHOMA COUNTY
IN DISTRICT COURT FOR OKLAHOMA COUNTY
APR - 6 2023
STATE OF OKLAHOMA
RICK WARREN
COURT CLERK
42
IN RE THE MARRIAGE OF: GINN )
) Case No. FD-2023-433
VALERIE H. GINN, Petitioner, ) (Judge Jennifer Selling Montagna)
DANIEL A. GINN, Respondent. )
JOURNAL ENTRY ON THE TEMPORARY ORDER
(March 23, 2023)
NOW ON this 23" day of March, 2023, this matter came on for hearing upon the following
matters:
. Application for Temporary Order, filed by Petitioner on February 16, 2023.
The Petitioner, Valerie H. Ginn, ("PETITIONER"), appears in person and by and through
PETITIONER'S attorney of record, Don Cooke; the Respondent, Daniel A. Ginn,
("RESPONDENT"), appears pro se. The Court upon review of the files and records in this case,
hearing the proffered testimony of witnesses, listening to the presentation of counsel, and being
otherwise fully advised in the premises, finds that the following Orders are needed during the
pendency of this action to:
(A) Preserve the peace of and govern the relationship between the Parties and
their two (2) Minor Children,
R.E. G., Born September, 2008
P. O. G., Born May, 2011,
("MINOR CHILDREN")
) Protect and preserve the marital assets;
© Make provision for the payment of marital debts; and
Page 1
@) Ensure the efficient prosecution of this action.
by the Court as follows:
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED
Jurisdiction:
of this action
1.0 This Court has exclusive jurisdiction over the Parties and subject matter
ction and Enforcement
pursuant to the applicable provisions of the Uniform Child Custody Jurisdi
Act, ("PKPA"),
Act, ("UCCJEA"), [Title 43 O.S, §551-101 et seq.], Parental Kidnaping Prevention
O.S. § 601-100 et
[28 USC §1738A], the Uniform Interstate Family Support Act, ("UIFSA"), [43
[28 USC § 1738B].
seq.] and the Full Faith and Credit for Child Support Orders Act, ("FFCCSA"),
I Automatic Temporary Injunction Orders
§110) are to
2.0 All provisions of the Automatic Temporary Injunctions (Title 43 O.S.
remain in full force and effect unless modified hereinafter.
TL Custody and Parenting Time:
1
jointly with
3.0 The custody of the two (2) MINOR CHILDREN is awarded to the Parties
other Party’s
the children staying in the home and each Party vacating the home when it is the
visitation time with the MINOR CHILDREN.
the MINOR
3.1 Both Parties shall be designated as the decision making parent for
CHILDREN on a 50-50 basis.
:
3.2. The Parties shall exercise visitation with the MINOR CHILDREN as follows
A. REGULAR VISITATION
REN;
Monday / Tuesday: PETITIONER shall be in the home with the MINOR CHILD
CHILDREN;
Wednesday / Thursday: RESPONDENT shall be in the home with the MINOR
NDENT has
Friday / Saturday / Sunday: Rotate each week. On the weekends that RESPO
Page 2
then have custody from
visitation on Friday, Saturday and Sunday, PETITIONER shall
Sunday afternoon through Tuesday.
B. HOLIDAY VISITATION
EVEN YEARS ODD YEARS
HOLIDAY
Petitioner Respondent
Spring Break
Fall Break Respondent Petitioner
Thanksgiving Break Petitioner Respondent
Respondent Petitioner
First week of Christmas Break
Petitioner Respondent
Balance of Christmas Break
All Mother's Day weekends shall be spent with the Mother.
All Father's Day weekends shall be spent with the Father.
THE HOLIDAY SCHEDULE SUPERSEDES ALL REGULARLY
SCHEDULED VISITATION.
CHILDREN
The Holiday Schedule shall be governed by the school the MINOR
attend.
c. su ER VISITATION
summer
The Parties shall each have the MINOR CHILDREN for a two week
month’s
visitation in both July and August with each parent giving the other one
notice prior to travel.
purpose of providing
It is important to be aware that this visitation schedule is for the
MINOR CHILDREN.
assurance of minimum amounts of visitation between the Parties and their
In addition, liberal telephone
Visitation should exceed the number of occasions set out herein.
ged and should occur.
communications between the Parties and the MINOR CHILDREN are encoura
the MINOR
3.3 As provided by Title 43 O.S. §112.5 all parenting time and care for
shall the MINOR
CHILDREN shall be specifically conditioned so that under no circumstances
CHILDREN be left in the care and/or custody of any person who:
4
(A) is subject to registration under the Oklahoma Sex Offenders Registration Act
or any similar act in any other state;
Page 3
@®) is married to or living with a person who is subject to registration under the
Oklahoma Sex Offenders Registration Act or any similar act in any other
state;
(©) is convicted of any crime involving domestic abuse;
©) is married to or living with a person convicted of a crime involving domestic
abuse; or
€) has previously been convicted of, or has charges pending for, any relevant
felony or misdemeanor.
3.4 Further, by agreement of the Parties the following parenting provisions are ordered:
(A) Neither Party shall be intoxicated nor use illegal drugs around the MINOR
CHILDREN;
8) Neither Party shall drink and drive with the MINOR CHILDREN in the
vehicle;
© Neither Party shall transport the MINOR CHILDREN without the use of seat
belts;
@) Neither Party shall-transport the MINOR CHILDREN without a valid driver's
license.
© Neither Party shall have overnight guests of the opposite sex when the
MINOR CHILDREN are present unless that person is a blood relative or a
marriage partner.
IV. Child Support, Child Care, Health Insurance and Costs:
4.0 Neither Party shall pay child support to the other.
4.1 RESPONDENT shall carry medical health insurance for the MINOR CHILDREN.
4.2. The Parties shall proportionally divide all unreimbursed medical expenses of the MINOR
CHILDREN on a 50%-50% basis.
4.3. PETITIONER shill carry dental and vision insurance for the MINOR CHILDREN.
Page 4
Vv. Relocation Notice and Order:
is entered
5.0 Pursuant to Title 43 O.S. §112.3 the following Supplemental Relocation Order
in this case.
5.1 Ifany party to this action, (‘"the relocating party"), intends to move his or her primary
residence (applies to moves by either parent) or intends to move the primary residence of the
such
MINOR CHILDREN over seventy-five (75) miles for a period of sixty (60) days or more when
move
move is not a temporary absence from the MINOR CHILDREN'S principal residence(s), such
is governed by the provisions of Title 43 O.S. §112.3, as now existing, or as hereafter amended,
which is incorporated herein by reference.
5.2. This law and the Order of this Court require among other things:
(A) The relocating party shall mail (or serve in the manner provided for service
of summons) a Notice of Intent to Relocate containing the following
information in writing to the other party, and any other person entitled to
visitation with the MINOR CHILDREN, on the terms set out herein:
(1) the intended new address, including the specific address, if
known;
Q) the new mailing address, if not the same;
@) the home telephone number, if known;
@) the date of the intended move or proposed relocation;
(5) a brief statement of the specific reasons for the proposed
relocation of the MINOR CHILDREN, if applicable; and,
© a proposal for a revised schedule of visitation with the
MINOR CHILDREN, if any.
“®) The relocating party shall give notice of the'proposed relocation of the
MINOR CHILDREN or the proposed change of the party's residence address
to the other party on or before the sixtieth (60th) day before the proposed
Page 5
change. If the relocating party did not know and could not have reasonably
known of the change in sufficient time to provide a sixty (60) day notice, then
such party shall give notice of the change on or before the tenth (10th) day
after the date that he or she knows of the change.
C) The obligation of a party to give the notices and to provide the information
set out herein shall continue so long as that party is entitled to custody of, or
visitation with, the MINOR CHILDREN covered by this Order.
@) The failure of a party to give the notices and to provide the information set
out herein may result in further litigation to enforce the Order, including
contempt of court. A copy of the notice with proof of service on the other
party should be filed in this case with the Court Clerk.
€) The failure of a party to notify of a relocation of the MINOR CHILDREN
may be taken into account in a modification of custody of, visitation with,
possession of, or access to, the MINOR CHILDREN. The Court may assess
reasonable attorney fees and costs against a party who fails to give the
required Notice.
® If a party who receives Notice of the Intent of the other party to relocate the
residence of the MINOR CHILDREN does not file, within thirty (30) days
after receipt of such Notice, a proceeding seeking a temporary or permanent
order to prevent the relocation, the relocation is authorized.
Personal Property:
6.0 Each party is awarded their personal clothing, household goods and furnishings in their
possession or under their control.
ion (2015
6.1 PETITIONER is awarded the use of the automobile in PETITIONER'S possess
associated
Toyota Sienna), subject to the payment of the debt thereon and all operational expenses
DENT
with the use of this vehicle, which PETITIONER shall assume, pay and hold RESPON
harmless with regard thereto.
possession
6.2 RESPONDENT is awarded the use of the automobile in RESPONDENT'S
nal expenses
(2018 Toyota Camry), subject to the payment of the debt thereon and all operatio
Page 6
—_ _
which RESPONDENT shall assume, pay and hold
associated with the use of this vehicle,
PETITIONER harmless with regard thereto
VIL. Debts
respective living
0 Unless otherwise provided above, each Party shall pay their own
expenses,
obligations, without
7.1 Both Parties are enjoined from creating any new joint bills or other
the express written consent of the other Party.
from all claims and
7.2. Each Party is ordered to indemnify and hold the other harmless
costs
liability for said obligations set forth in this Order, including any and all attorney's fees or court
or court costs incurred
incurred in defense of claims or suits by creditors and from any attorney's fees
in prosecution of any action to enforce this indemnity provision.
Way gk
OY,
The H¢ prable ie Arle Montagy
Pe oF DISTRICT COURT
Signed thi:is 2 day of March, 2023
Page 7
_
APPROVED FOR ENTRY:
FOR THE PETITIONER:
au
DON COOKE
Attorney at Law
OBA #1878
Silver Leaf Professional Business Park
609 South Kelly Avenue
Building K, Suite 1
Edmond, Oklahoma 73003
405-348-8800
FAX: 405-348-8805
E-mail: DonCooke@aol.com
PETITIONER:
Mathes
VALERIE H. GINN
RESPONDENT:
DANIEL A. GINN”
Pro Se
D-JE.on.T0.WITH.CHILD
Ginny.JE.T0.wpd
March 16, 2023
Page 8
ee
Preview
‘ nun FILED IN DISTRICT COURT OKLAHOMA COUNTY IN DISTRICT COURT FOR OKLAHOMA COUNTY APR - 6 2023 STATE OF OKLAHOMA RICK WARREN COURT CLERK 42 IN RE THE MARRIAGE OF: GINN ) ) Case No. FD-2023-433 VALERIE H. GINN, Petitioner, ) (Judge Jennifer Selling Montagna) DANIEL A. GINN, Respondent. ) JOURNAL ENTRY ON THE TEMPORARY ORDER (March 23, 2023) NOW ON this 23" day of March, 2023, this matter came on for hearing upon the following matters: . Application for Temporary Order, filed by Petitioner on February 16, 2023. The Petitioner, Valerie H. Ginn, ("PETITIONER"), appears in person and by and through PETITIONER'S attorney of record, Don Cooke; the Respondent, Daniel A. Ginn, ("RESPONDENT"), appears pro se. The Court upon review of the files and records in this case, hearing the proffered testimony of witnesses, listening to the presentation of counsel, and being otherwise fully advised in the premises, finds that the following Orders are needed during the pendency of this action to: (A) Preserve the peace of and govern the relationship between the Parties and their two (2) Minor Children, R.E. G., Born September, 2008 P. O. G., Born May, 2011, ("MINOR CHILDREN") ) Protect and preserve the marital assets; © Make provision for the payment of marital debts; and Page 1 @) Ensure the efficient prosecution of this action. by the Court as follows: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED Jurisdiction: of this action 1.0 This Court has exclusive jurisdiction over the Parties and subject matter ction and Enforcement pursuant to the applicable provisions of the Uniform Child Custody Jurisdi Act, ("PKPA"), Act, ("UCCJEA"), [Title 43 O.S, §551-101 et seq.], Parental Kidnaping Prevention O.S. § 601-100 et [28 USC §1738A], the Uniform Interstate Family Support Act, ("UIFSA"), [43 [28 USC § 1738B]. seq.] and the Full Faith and Credit for Child Support Orders Act, ("FFCCSA"), I Automatic Temporary Injunction Orders §110) are to 2.0 All provisions of the Automatic Temporary Injunctions (Title 43 O.S. remain in full force and effect unless modified hereinafter. TL Custody and Parenting Time: 1 jointly with 3.0 The custody of the two (2) MINOR CHILDREN is awarded to the Parties other Party’s the children staying in the home and each Party vacating the home when it is the visitation time with the MINOR CHILDREN. the MINOR 3.1 Both Parties shall be designated as the decision making parent for CHILDREN on a 50-50 basis. : 3.2. The Parties shall exercise visitation with the MINOR CHILDREN as follows A. REGULAR VISITATION REN; Monday / Tuesday: PETITIONER shall be in the home with the MINOR CHILD CHILDREN; Wednesday / Thursday: RESPONDENT shall be in the home with the MINOR NDENT has Friday / Saturday / Sunday: Rotate each week. On the weekends that RESPO Page 2 then have custody from visitation on Friday, Saturday and Sunday, PETITIONER shall Sunday afternoon through Tuesday. B. HOLIDAY VISITATION EVEN YEARS ODD YEARS HOLIDAY Petitioner Respondent Spring Break Fall Break Respondent Petitioner Thanksgiving Break Petitioner Respondent Respondent Petitioner First week of Christmas Break Petitioner Respondent Balance of Christmas Break All Mother's Day weekends shall be spent with the Mother. All Father's Day weekends shall be spent with the Father. THE HOLIDAY SCHEDULE SUPERSEDES ALL REGULARLY SCHEDULED VISITATION. CHILDREN The Holiday Schedule shall be governed by the school the MINOR attend. c. su ER VISITATION summer The Parties shall each have the MINOR CHILDREN for a two week month’s visitation in both July and August with each parent giving the other one notice prior to travel. purpose of providing It is important to be aware that this visitation schedule is for the MINOR CHILDREN. assurance of minimum amounts of visitation between the Parties and their In addition, liberal telephone Visitation should exceed the number of occasions set out herein. ged and should occur. communications between the Parties and the MINOR CHILDREN are encoura the MINOR 3.3 As provided by Title 43 O.S. §112.5 all parenting time and care for shall the MINOR CHILDREN shall be specifically conditioned so that under no circumstances CHILDREN be left in the care and/or custody of any person who: 4 (A) is subject to registration under the Oklahoma Sex Offenders Registration Act or any similar act in any other state; Page 3 @®) is married to or living with a person who is subject to registration under the Oklahoma Sex Offenders Registration Act or any similar act in any other state; (©) is convicted of any crime involving domestic abuse; ©) is married to or living with a person convicted of a crime involving domestic abuse; or €) has previously been convicted of, or has charges pending for, any relevant felony or misdemeanor. 3.4 Further, by agreement of the Parties the following parenting provisions are ordered: (A) Neither Party shall be intoxicated nor use illegal drugs around the MINOR CHILDREN; 8) Neither Party shall drink and drive with the MINOR CHILDREN in the vehicle; © Neither Party shall transport the MINOR CHILDREN without the use of seat belts; @) Neither Party shall-transport the MINOR CHILDREN without a valid driver's license. © Neither Party shall have overnight guests of the opposite sex when the MINOR CHILDREN are present unless that person is a blood relative or a marriage partner. IV. Child Support, Child Care, Health Insurance and Costs: 4.0 Neither Party shall pay child support to the other. 4.1 RESPONDENT shall carry medical health insurance for the MINOR CHILDREN. 4.2. The Parties shall proportionally divide all unreimbursed medical expenses of the MINOR CHILDREN on a 50%-50% basis. 4.3. PETITIONER shill carry dental and vision insurance for the MINOR CHILDREN. Page 4 Vv. Relocation Notice and Order: is entered 5.0 Pursuant to Title 43 O.S. §112.3 the following Supplemental Relocation Order in this case. 5.1 Ifany party to this action, (‘"the relocating party"), intends to move his or her primary residence (applies to moves by either parent) or intends to move the primary residence of the such MINOR CHILDREN over seventy-five (75) miles for a period of sixty (60) days or more when move move is not a temporary absence from the MINOR CHILDREN'S principal residence(s), such is governed by the provisions of Title 43 O.S. §112.3, as now existing, or as hereafter amended, which is incorporated herein by reference. 5.2. This law and the Order of this Court require among other things: (A) The relocating party shall mail (or serve in the manner provided for service of summons) a Notice of Intent to Relocate containing the following information in writing to the other party, and any other person entitled to visitation with the MINOR CHILDREN, on the terms set out herein: (1) the intended new address, including the specific address, if known; Q) the new mailing address, if not the same; @) the home telephone number, if known; @) the date of the intended move or proposed relocation; (5) a brief statement of the specific reasons for the proposed relocation of the MINOR CHILDREN, if applicable; and, © a proposal for a revised schedule of visitation with the MINOR CHILDREN, if any. “®) The relocating party shall give notice of the'proposed relocation of the MINOR CHILDREN or the proposed change of the party's residence address to the other party on or before the sixtieth (60th) day before the proposed Page 5 change. If the relocating party did not know and could not have reasonably known of the change in sufficient time to provide a sixty (60) day notice, then such party shall give notice of the change on or before the tenth (10th) day after the date that he or she knows of the change. C) The obligation of a party to give the notices and to provide the information set out herein shall continue so long as that party is entitled to custody of, or visitation with, the MINOR CHILDREN covered by this Order. @) The failure of a party to give the notices and to provide the information set out herein may result in further litigation to enforce the Order, including contempt of court. A copy of the notice with proof of service on the other party should be filed in this case with the Court Clerk. €) The failure of a party to notify of a relocation of the MINOR CHILDREN may be taken into account in a modification of custody of, visitation with, possession of, or access to, the MINOR CHILDREN. The Court may assess reasonable attorney fees and costs against a party who fails to give the required Notice. ® If a party who receives Notice of the Intent of the other party to relocate the residence of the MINOR CHILDREN does not file, within thirty (30) days after receipt of such Notice, a proceeding seeking a temporary or permanent order to prevent the relocation, the relocation is authorized. Personal Property: 6.0 Each party is awarded their personal clothing, household goods and furnishings in their possession or under their control. ion (2015 6.1 PETITIONER is awarded the use of the automobile in PETITIONER'S possess associated Toyota Sienna), subject to the payment of the debt thereon and all operational expenses DENT with the use of this vehicle, which PETITIONER shall assume, pay and hold RESPON harmless with regard thereto. possession 6.2 RESPONDENT is awarded the use of the automobile in RESPONDENT'S nal expenses (2018 Toyota Camry), subject to the payment of the debt thereon and all operatio Page 6 —_ _ which RESPONDENT shall assume, pay and hold associated with the use of this vehicle, PETITIONER harmless with regard thereto VIL. Debts respective living 0 Unless otherwise provided above, each Party shall pay their own expenses, obligations, without 7.1 Both Parties are enjoined from creating any new joint bills or other the express written consent of the other Party. from all claims and 7.2. Each Party is ordered to indemnify and hold the other harmless costs liability for said obligations set forth in this Order, including any and all attorney's fees or court or court costs incurred incurred in defense of claims or suits by creditors and from any attorney's fees in prosecution of any action to enforce this indemnity provision. Way gk OY, The H¢ prable ie Arle Montagy Pe oF DISTRICT COURT Signed thi:is 2 day of March, 2023 Page 7 _ APPROVED FOR ENTRY: FOR THE PETITIONER: au DON COOKE Attorney at Law OBA #1878 Silver Leaf Professional Business Park 609 South Kelly Avenue Building K, Suite 1 Edmond, Oklahoma 73003 405-348-8800 FAX: 405-348-8805 E-mail: DonCooke@aol.com PETITIONER: Mathes VALERIE H. GINN RESPONDENT: DANIEL A. GINN” Pro Se D-JE.on.T0.WITH.CHILD Ginny.JE.T0.wpd March 16, 2023 Page 8 ee