Posted by Nydia Streets of Streets Law in Florida Child Custody
Is mediation required in a Florida family law case? The answer depends on the procedures and rules set forth in the court in which your case is proceeding. In Miami-Dade County, for example, mediation is generally required in family law cases before a trial date can be set. This is most likely because the court wants to give the parties an opportunity to resolve the case on their own terms rather than having the court decide what happens. This was an issue in the case Kiger v. Kiger, 3D21-1150 (Fla. 3d DCA February 9, 2022).
The former husband petitioned to modify the parties’ parenting plan and to relocate from Florida to New Mexico. The former wife filed a motion to dismiss, alleging the parties’ parenting plan requires the parties to attend mediation before there can be court intervention on a dispute between the parties. The trial court granted the former wife’s motion since no mediation had occurred before the former husband filed his petition. The former husband appealed.
The appellate court upheld the dismissal, holding “The parties’ marital settlement agreement, which contains the parenting plan as an exhibit, is a contract subject to interpretation like any contract. Ferguson v. Ferguson, 54 So. 3d 553, 556 (Fla. 3d DCA 2011). Here, the provision at issue unambiguously requires mediation prior to litigation. See Levitt v. Levitt, 699 So. 2d 755, 756-57 (Fla. 4th DCA 1997) (‘Where the terms of a marital settlement agreement are clear and unambiguous, the parties’ intent must be gleaned from the four corners of the document.’)”
Schedule your consultation with a Miami family law attorney to understand how the law may apply to your case.