Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

COVID-19 brought changes to the world, and many of us had to adjust to a new way of life which includes videoconferencing instead of in-person meetings. As many courts continue to hold hearings via video, rather than in-person, the requirements regarding allowing testimony by electronic means has not been an issue so much as it may be in the future or was in the past. In the case A.V. v. T.L.L., 2D19-530 (Fla. 2d DCA August 7, 2020), the father in a paternity case took issue with the court allowing testimony of a witness by telephone.

At a final hearing on a paternity petition, the court allowed a medical expert testifying on the mother’s behalf to testify via telephone despite the father’s objection. The trial court did not make findings concerning good cause to allow the testimony by telephone as is required by Florida Family Law Rule of Procedure 12.451(b). The witness was also not sworn-in before giving testimony. Since the medical expert’s testimony was central to the trial court’s ruling, when the father appealed the final judgment, it was reversed on this basis alone.

The appellate court remanded the case to the trial court with instructions to hold a new final hearing. Additionally, the appellate court reminded the trial court: “[T]hat its determination regarding child support must be supported by competent substantial evidence, and that includes any decision to include in kind payments in a party's monthly income. [internal citations omitted]. Decisions regarding parental responsibility must also be supported by competent substantial evidence, including decisions regarding ultimate decision making over education and medical care.”

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