Posted by Nydia Streets of Streets Law in Florida Domestic Violence

When a Florida domestic violence court enters an order regarding time-sharing, how does this affect any time-sharing orders entered separately in a family court? Generally the family court has priority in any decisions affecting the best interest of the children. This was an issue in the case Caddy v. Robinson, 4D20-894 (Fla. 4th DCA June 30, 2021).

In 2016, shortly after filing her petition for divorce, the former wife also filed a petition for injunction against domestic violence. The petition alleged the former husband had threatened the former wife and was physically abusive toward her. A default injunction was entered against the former husband. This injunction did not mention time-sharing. Concurrently, the parties entered a parenting plan in the divorce action which granted them equal time-sharing.

In 2020, the injunction was vacated based on the former husband not receiving proper notice of the hearing. After a hearing, the trial court re-entered the injunction, finding the former wife was credible. The new injunction contained a provision granting the former wife temporary 100% time-sharing of the parties’ children. The former husband appealed.

The appellate court upheld the injunction, finding there was competent, substantial evidence to support the same. However it reversed the time-sharing ruling, holding “While the courts have recognized that issues of child custody may be necessarily implicated in DV actions, they have also held that the abbreviated DV proceedings should not become the primary forum in which to determine family law issues. [. . .] Here, a timeshare agreement providing Appellant with custody of the children on three weekends of every month was agreed upon by the parties and the family court in 2018, after the acts of DV but prior to the 2020 injunction order providing the former wife with 100 percent timesharing. In Cleary v. Cleary, 711 So. 2d 1302 (Fla. 2d DCA 1998), the court held that the family court timesharing order takes precedence even when that order was entered before the DV injunction petition was issued.”

Schedule your consultation to discuss your case with a Miami family law attorney and to see how the law may apply to your situation.