Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent is denied contact with his or her children, there are remedies that can be sought in court. A Florida child custody court retains jurisdiction to modify a parenting plan, including time-sharing, until the children turn 18. When a case gets “stuck” in the system, a parent may need to appeal to a higher court. This was an issue in the case Cisneros v. Guinand, 3D21-1910 (Fla. 3d DCA December 15, 2021).
The parties agreed in an order to to enroll their children in a program meant to address parental alienation. The father was to be awarded sole custody of the children for a period not to exceed 90 days following attendance at the program. The mother was to have no contact with the children during this period. The order further provided that any disputes regarding the provisions were to be presented to the court for determination and the no contact period could not be extended absent a court order. The children attended the program and despite this, the mother had not had contact with the children in over 2 years since that time. She filed a motion alleging an unanticipated change in circumstances and requested modification of custody. The trial court declined to consider the motion because it determined it was untimely under the rules of procedure (1.530). The mother applied for writ of mandamus with the appellate court.
The appellate court held “Here, while couched in terms of a motion for reconsideration, the mother sought a modification of the custody and parental responsibility provisions embodied in the judgment and program referral order. Because the motion facially alleged a substantial and unanticipated change in circumstances, it comported with the relevant statutory and decisional framework. Further, as is so often the case in custody proceedings, regardless of the nomenclature employed by the parties, the stipulated judgment clearly anticipates the expenditure of further judicial labor, rendering it nonfinal. [internal citations omitted]. This is evidenced through both a conflict resolution provision, expressly permitting the parties to submit any unresolved time-sharing matters to the court for resolution, and an extraordinarily broad reservation of jurisdiction clause, allowing the court to adjudicate a myriad of outstanding issues and order any other relief deemed proper.” The court concluded “Accordingly, contrary to the ruling below, the trial court possesses jurisdiction to consider the merits of the motion and the mother lacks any other plain and adequate remedy at law.”
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