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Parental Relocation of Children Under Florida law A Phantom Menace: SB 58 / HB 351 and the Application of Foreign Law in Florida's Family Court, Florida Bar Journal, Vol. (2) The name, address, and telephone number of the investigator being appointed. The U.S. Supreme Court has observed, No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.[67] While discussing a psychiatric examination sought, the Second District Court of Appeal opined, [d]iscovery of this type is of the most personal and private of nature. This second article addresses the final three inquiries. 2d at 1200. First, is competency an issue? PDF The Florida Bar FAMILY LAW SECTION COMMENTATOR - CDC Certified Divorce (4) An initial allocation of responsibility for payment of the costs for the social investigation. 1 23 has been extended to preclude dissemination of a persons medical records) (citing State v. Johnson, 814 So. Is the mental-health issue temporary or permanent in nature? Articles and cover photos to be considered for publication may be submitted to Sarah Kay, Vice Chair of the Commentator, at Sarah@mbc-lawoffice.com. MS Word format is preferred for documents, and jpg images for photos. [102] Family law practitioners can begin to meet that responsibility by making biases, assumptions, and myths surrounding mental health a thing of the past and taking the time to understand the facts, think through the issues, and educate themselves and their clients on the governing laws. FACP is a Global Partner of the IACP (International Association of Collaborative Professionals), Copyright 2013-2023 FACP, All Rights Reserved, Family Law Sections Commentator: Winter 2021. FL Bar Commentator 1996 4.3 Satisfied (67 Votes) Related Forms - New_Hampshire equitable distribution worksheet . Legislation Committee Member (2011-20); Legislation Committee Co-Chair (2015-16); Alimony Rapid Response Group Chair (2020). The potentially negative effects of requiring [the party] to bare his inner self against his wishes are self-evident.[68], In light of the foregoing disfavored view of compulsory examinations, Rule 12.360 grants the court with authority to establish protective measures upon request of either party or the person being examined. [79] Fla. Fam. 3d 807 (Fla. 1st DCA 2018) (distinguishing between Fla. Fam. Inc. v. Hernandez, 748 So. Before you decide, ask the attorney to send you free written information about their qualifications and experience. Protective Measures Rule 12.360 and caselaw interpreting it recognize the oftentimes confidential and sensitive nature of the results of examinations performed. 2d 341 (Fla. 2d DCA 2003), the Second District Court of Appeal critiqued a trial court order requiring a $20,000 social investigation when the parties combined gross monthly income, including overtime, was approximately $6,900, stating: If a judicial system is trying to reach a child placement decision in the best interest of the child, it is difficult to grasp how it is in the best interest of the child to deplete the resources of the family to this extent. Courts and counsel can aid in lowering the costs associated with a social investigation by narrowly tailoring the issues that the investigators are to address. Anya Cintron Stern | Law Firm [95] Freeburg v. Freeburg, 596 So. 3d 369 (Fla. 3d DCA 2013) (A parents mental state is typically at issue in a custody hearing only when there are verified allegations that the parent in question is having mental problems that could substantially impact his or her ability to properly raise children.); Ricketts v. Ricketts, 2D19-3854 (Fla. 2d DCA June 19, 2020) (stating [t]he [w]ifes prior health, physical and mental, are not relevant to her current ability to parent the children; [w]hat is relevant to the trial courts determination regarding child custody is the parties present ability and condition) (citing Schouw v. Schouw, 593 So. [99] See Hastings v. Rigsbee, 875 So. You should consult an attorney for individual advice regarding your own situation. THE LION - MAKING AN IMPACT THROUGH GENEROUS SUPPORT - AEPi, Property Management PERMANENT SUPPORTIVE HOUSING - The Florida Housing Finance Corporation - Florida Housing Coalition, Finance 2019Edition COMPREHENSIVE CAREERS ADVICE AND JOBS FOR THE FINANCE SECTOR - Gradireland, Collaborative edition between CERIC & NCDA - CER-T0219 Spring-Summer 2019 ceric.ca/careering - marketzone.ca, Bringing Balance to the Scales of Justice: Fulfilling Our Responsibility to Indigenous People Involved in the Justice System, Women and Social Capital - London South Bank University. 3d at 80 (absent evidence of an applicable statutory exception or waiver, a trial court departs from the essential requirements of law when it enters an order compelling disclosure of communications or records in violation of the psychotherapist-patient privilege). The request may be served with or after service of process of the initial pleading and must specify a reasonable time, place, manner, conditions, and scope of the examination and the person or persons by whom the examination is to be made.[58] The party to whom the request for physical examination is directed must serve a response to the request within 30 or 45 days after service of the request, depending on whether the request is made with or after service of process of the initial pleading, stating if the examination will be permitted as requested, or objected to, and the basis for the objections. [41] Schouw v. Schouw, 593 So. 2d 277 (Fla. 2d DCA 1992). 2d 853 (Fla. 3d DCA 1979) (holding that the wife put her physical health in controversy because she alleged to be in frail health as a claim for her support). Presuming both parties have sufficient competence to proceed, the second question to be answered before any further time or money is expended is: Is it relevant? L. R. P. 12.363 and are, as previously noted, beyond the scope of this article. Florida Bar Family Law Commentator DOR Parenting Time Plans 2018 Speaking Engagements. She is also mother to three children, two of whom have unique needs and gifts. XXIX, No. Selectee, Member and Graduate of Inaugural Class, Florida Bar Leadership Academy (2013). 2d 507 (Fla. 4th DCA 1984). Self-help programs and court staff function under certain service limitations. Fourth Inquiry: What Relief is Appropriate? Topics: Appeals, Attorneys' Fees, Enforcement, Equitable . In this edition of the Family Law Sections Commentator are four articles and stories from our highly respect FACP members. He regularly practices in Palm Beach, Broward and Miami-Dade County. L. R. P. 12.280(c)(1) (2020). [55] Fla. Fam. [87] Fla. Stat. L. R. P. 12.360(a)(1) (2020). The Second District Court of Appeal further defined good cause for a psychiatric or psychological examination under Fla. R. Civ. FLORIDAPROBONO.ORG An excellent source of information for members providing pro bono services and for those who are considering providing services. As a trial attorney, he zealously advocates for his clients recognizing that certain matters require litigation. National Association of Distinguished Counsel; Nations Top 1% of Attorneys (201520). The social investigator must be qualified as an expert under section 90.702, Florida Statutes, to testify regarding the written study. Third Inquiry: What Discovery Is Available? [50] The rules language suggests an inclusive and expansive nature, such that a party may be requested to undergo any examination by any expert so long as the examination is related to a matter in controversy.[51] In family law, common mental-health-related examinations under this rule include psychiatric and psychological examination. [54] For a detailed overview of psychosexual evaluations, see generally Alan Greico, Ph.D., Psychosexual Evaluations in Family Law, 1 Fla. Fam. (a) Applicable to Social Investigations. : 2D14-2384 (Fla. 2d DCA 2014), on behalf of the Family Law Section and American Academy of Matrimonial Lawyers (Florida). "What Family Judges Really Want To Hear," Family Law Commentator, Fall 2002 [12] Second, the allegations must be specific facts conclusory allegations are insufficient. In fact, it is an improper delegation of decision-making authority for a court to make any portion of a parenting plan subject to the recommendations of a social investigator.[81]. P. 35(a), which is nearly identical to Fla. Fam. Florida Supreme Court "Family Court" opinions: The Florida Supreme Court has recognized that families should be able to have all of their disputes resolved in the most effective and efficient way possible. Courts have previously held that issues or events more than 10 years prior,[42] seven years prior,[43] six years prior,[44] and two years prior[45] are not close enough in time to render them relevant to the instant proceedings. 3d 782 (Fla. 5th DCA 2010) (holding that travel expenses are child-rearing expenses to be shared by the parties pursuant to their financial means as reflected on the child support guidelines calculations). [95] The court must provide specific steps or a key to the parent whose parental rights are being limited so that the parent knows what he or she must do to regain his or her full parental rights. There continue to be many overlaps between the two sets of rules in language and procedures. The Family Law Section's Commentator is a quarterly publication containing all the latest news concerning Florida family lawyers and Section activity. Sarah proudly serves the greater Tampa Bay area through her law firm Kay Family Law PLLC in Tampa, Florida. We believe in strength of global idea sharing and the power of education, so we work and develop the ReadkonG to help people all over the world to find the answers and share the ideas they are interested in. Lori Caldwell-Carr - Lawyer in Maitland, FL - Avvo The answer depends on the facts of the case. The first article addressed the first inquiry. This rule shall apply to the appointment of an investigator to conduct a social investigation and study under section 61.20, Florida Statutes. She is also a published author in scholarly legal publications on issues concerning matrimonial and family law. Sarah is passionate about supporting her community by helping families resolve, reduce and perhaps even prevent family conflicts in positive, effective, efficient, and dignified ways. Privacy Statement|Accessibility Statement|Legal Notice(850) 922-5081500 South Duval Street, Tallahassee, FL, 32399-1925, All Content Copyright 2023 Florida Courts, Court Councils, Commissions, and Committees, General Contract Conditions for Services and Commodities, Read the BASIC INSTRUCTIONS (STEP-BY-STEP) TO FILL OUT FORMS, NOTICE OF LIMITATIONS OF SERVICES Disclaimer, 500 South Duval Street, Tallahassee, FL, 32399-1925. Achieving Equity The Collaborative Process and Marital Equality, Florida Academy of Collaborative Professionals Orlando Chapter (August, 2016). CHRISTOPHER W. RUMBOLD Founder & Principal Attorney THE FAMILY LAW SECTION OF THE FLORIDA BAR, Honorable Raymond T. McNeal Professionalism Award, Jorge M. Cestero Distinguished Member Service Award, General Magistrates & Child Support Hearing Officers, We are thrilled to present the recipients of this year's Rising Stars award, in recognition of their enthusiasm, initiative and outstanding service to The Family Law Section of The Florida Bar and its goals; they are rising stars! 2d 1200 (Fla. 2d DCA 1992). L. R. P. 12.369(3) (2020). Social investigations are permissible under F.S. 2d 283 (Fla. 5th DCA 1998) (considering the wifes mental-health problems when determining her alimony request). Family Law: Lessons Learned - Florida Academy of Collaborative L. R. P. 12.360 and 12.363, see generally Sherrie Boug Carter & Dale Sanders, Anatomy of a Child Custody Evaluation, 75 Fla. B. J. [35] There are two key elements to this emergency-situation waiver: First, the event must be calamitous; and second, the event must be proximate in time to the litigation. 4Tenesia C. Hall, Esquire and Belinda Lazaro, Esquire, Editors.familyl awfla.org Summer 20182COMMENTATO RSection Calend arSUMMER 2d 2018 (Fla. 2d DCA 1981) (upholding a partys privileged-based objection to a court-appointed social investigators request for that partys prior mental-health records). After the written study is furnished to the court, any party may file a motion for an additional expert examination, evaluation, interview, testing, or investigation. Family Law Rule 12.364. 2d 828 (Fla. 2d DCA 2003) (holding insufficient evidence of a negative impact on the child by alleged domestic violence incidents and the mother receiving treatment for her drug addiction). L. R. P. 12.364(b) (2020). [19] Each are discussed in turn. 2016 SAVE THE DATE! 61.20. On motion of any party, the court may order the investigator to produce the investigators complete file to another qualified investigator for review by such investigator, who may render an opinion and testify. 2020 LOCAL CANDIDATE GUIDE - Cascades Park - Aerial Tallahassee C/O North American Properties - Greater Tallahassee Chamber of Intersex 2021 - A Vision For the Future - Online Conference: 21st - 22nd April 2021 - Dublin City University. The investigator shall prepare a written study with recommendations regarding a parenting plan, including a written statement of facts found in the social investigation on which the recommendations are based. - Editor Volume XXXIV, No. Co-Presenter Changing Landscape in Family Law Broward County Bar Association, Bench and Bar Convention (October, 2015). The two avenues by which a party may be requested or compelled to undergo the examination(s) are under Fla. Fam. 90.702 (2019), to be able to testify regarding the written study. For example, dependency and delinquency cases are managed by the Rules of Juvenile Procedure whereas dissolution of marriage cases are administered by the Family Law Rules of Procedure. [64] Schlagenhauf v. Holder, 379 U.S. 104 (1964). [69] Fla. Fam. The investigator shall be required to consider the best interests of the child based upon all of factors affecting the welfare and interest of the particular minor child and the circumstances of that family, including, but not limited to the statutory factors set forth in section 61.13, Florida Statutes. [83] Some literature uses the term restriction(s). Limitation(s) and restriction(s) are used interchangeably in this article. [43] Zarzaur, 213 So. 2d 52 (Fla. 4th DCA 1985) (quashing an order for the psychological examination of the wife when the wife was not seeking alimony and there were no child-related issues pending). 61.20). 3d 75, 79 (Fla. 4th DCA 2014) (observing that Fla. Const. A partys mental health is most likely to be considered at issue when it affects that partys present ability to earn income or present ability to care for a child. 1996 Form FL Bar Commentator Fill Online, Printable - pdfFiller The rule does not require that a court order be entered compelling the physical examination for the procedure to be initiated. 2d 166 (Fla. 2d DCA 1989) (allegations that a father was unstable, that he failed to use a car seat for the child, that the child wet his pants after a visit with the father, and that the father used inappropriate language in the childs presence were insufficient to put the fathers mental health in controversy); Schlagenhauf v. Holder, 379 U.S. 104 (1964) (requiring more than conclusory allegations for the court to order a psychological examination); Temares v. Temares, 201 So. We recommend that you install Adobe Acrobat Reader https://get.adobe.com/reader/or download the reader from an app store. Special Procedures for Report of Examiner for Examinations by Agreement Rule 12.360(b) provides that, once an examination has occurred, the party who has been examined as well as the opposing party, upon request, are entitled to a copy of a detailed written report of the examiner setting out the examiners findings, including results of all tests made, diagnosis, and conclusions, with similar reports of all earlier examinations of the same condition.[73] This requirement must be met regardless of whether the party conducting the examination plans to have the expert testify. R. Civ. Alimony: Chock Full-O-Nuts, Broward County Bar Association, Nuts and Bolts, (November, 2016). [7] A party making such an allegation may place the matter in controversy, and, consequently, relevant for purposes of discovery and admissibility of evidence for the courts determination of the issue. Court cases involving one family are handled before one judge unless impractical. Rates, Retainers and Additional Information. [10] Wade v. Wade, 124 So. [98] To do so would inappropriately intertwine a parents timesharing rights with his or her payment of financial obligations. The written study with recommendations shall be furnished to the court and a copy provided to all parties of record by the investigator at least 30 days before any hearing at which the court is to consider the written study and recommendations, unless otherwise ordered by the court. 2d at 544. Family Law Forms - Florida Courts [17] Russenberger v. Russenberger, 639 So. Caroline Black Sikorske is admitted to the prestigious International Academy of Family Lawyers, a worldwide association of practicing attorneys who are recognized by their peers as experienced and skilled family law specialists in their respective countries. Nevertheless, a few over-arching principals apply when a partys mental health has, in fact, impacted his or her ability to earn income or properly care for a child. Sarah E. Kay Family law attorney, mediator, and guardian ad litem 13 years of experience Family Law, Divorce, Domestic Violence Florida Badges Biography Sarah is a trial-tested litigator Board Certified in Marital and Family Law by The Florida Bar who also is experienced in collaborative divorce. [48] While there may be some overlap, each has its own unique characteristics. [59] Therefore, the practitioner scheduling the physical examination should set the examination after the response deadline so as to reduce the likelihood of having to pay appointment cancellation fees. Languages Spoken . Marital & Family Board Certified Attorney Serving Clients in Palm Beach, Broward & Miami-Dade Counties. Sarah is a trial-tested litigator Board Certified in Marital and Family Law by The Florida Bar who also is experienced in collaborative divorce. Eddie Stephens | LinkedIn Opinion: The Supreme Court rewrites American society once again If your browser does not render page correctly, please read the page content below, We use cookies. William D. Palmer served as Judge of Florida's Fifth District Court of Appeal in Daytona Beach from 2000-2018 and served as its Chief Judge from 2007-2009. For example, they can assist you administratively and procedurally but are not able to act as your lawyer or give you legal advice. Outstanding Service Award Recipient (2012, 2014, 2018). [101] This is often attributed to Mahatma Gandhi; however, the actual source of the quote is unverified. [6] Typically, this scenario arises when a party claims his or her mental-health issue(s) diminishes or otherwise influences his or her ability to earn income. 3d 544 (Fla. 4th DCA 2016). L. R. P. 12.363 (2020) and is beyond the scope of this article. 3d 606 (Fla. 2d DCA 2014) (A partys belief that the other parent is not supporting or promoting the childs relationship with the other parent did not put that parents mental health in controversy. COPYRIGHT 2015-2018, LAW OFFICE OF CHRISTOPHER W. RUMBOLD, PLLC. However, it should be noted that, Russenberger addressed a psychological examination of a minor child under Fla. R. Civ. Subscribe to receive important updates and news from Florida Courts. Since 1991, a series of Florida Supreme Court opinions . 61.20. [54] The appropriate examination will depend on the facts of the case and the issue in controversy. American Institute of Family Law Attorneys; 10 Best Attorneys (Florida) (201617). Should no good cause be shown, the court cannot compel the examination. Ch. [82] Schutz v. Schutz, 581 So. 2d 713 (Fla. 5th DCA 1995) (holding that, where a party has not placed her mental condition at issue in a defamation lawsuit, she was entitled to assert psychotherapist-patient privilege regarding the name and address of any psychotherapists who had treated her in the prior five years). Massive Recall and Model Redesign Florida Bar, Family Law Section (September, 2015). 3d at 544 (holding as improper an order requiring a father to be solely responsible for payment of the timesharing supervisors charges and remanding for treatment of the expense as child support); Hindle v. Fuith, 33 So. 2d 933 (Fla. 2d DCA 1977) (stating that even if we assume that aberrant behavior is involved there is no showing that this cannot be adequately evidenced without expert testimony). 3d 35 (Fla. 4th DCA 2016). 3d 1115 (Fla. 1st DCA 2017) (stating the court must focus on the parents present ability and fitness and holding that a seven-year look back was improper absent findings of relevancy of the historical issues); Piesach v. Antuna, 539 So. She has practiced in the area of family and matrimonial litigation since 2008 handling high net worth and complex dissolution matters. When the issue of time-sharing, parental responsibility, ultimate decision-making, or a parenting plan for a minor child is in controversy, the court, on motion of any party or the courts own motion, may appoint an investigator under section 61.20, Florida Statutes. Accessible | Fair | Effective | Responsive | Accountable. [35] Critchlow v. Critchlow, 347 So. Since 1991, a series of Florida Supreme Court opinions have been instrumental in shaping family courts . [31] However, simply agreeing to have a social investigation done is not an automatic waiver of privilege for prior records. 3d 890 (Fla. 1st DCA 2018); Abbott v. Abbott, 98 So. a West Palm Beach, Florida (FL) Divorce Lawyer - FindLaw [13] Third, the factual allegations must include the manifestation of current issues not just historical ones. v. Hellinger, 445 So. 61.13(c)2 requires that the court order shared parental responsibility unless there is a finding of detriment to the child. The disclosure of private psychiatric records is also a common issue in Florida auto accident litigation. PDF Monthly Florida Family Law CLE Released September 15, 2020 : 3D14-1816/3D14-1783 (Fla. 3d DCA 2014), on behalf of the American Academy of Matrimonial Lawyers, Florida Chapter. [98] Moore v. Yahr, 192 So. Attorney Sarah E. Kay - LII Attorney Directory [75] Fla. Fam. PDF The Florida Bar Family Law Section Commentator P. 1.360] cases to determine whether the rules good cause and in controversy requirements have been satisfied. Clickhereto look at Florida Statutes. [46] Willis v. Willis, 818 So. [52] The examination may be general, such as a comprehensive psychiatric examination or a child custody evaluation;[53] or the examination may be more targeted, such as a psychosexual evaluation. Florida Statutes: Laws that are passed by the Florida Legislature and signed by the Governor are called statutes.