Posted by Nydia Streets of Streets Law in Florida Child Custody
Modifications to a parent’s time-sharing in Florida generally cannot be done without notice to the parent. This means a motion and an opportunity to be heard. Sometimes courts schedule case management conferences which are hearings at which the court determines the status of the case, and the next steps. These are not usually noticed as evidentiary hearings, so when substantive action is taken in a case at these types of hearings, there are due process concerns. This was an issue in the case Nomura v. Hata, 3D22-1731 (Fla. 3d DCA January 18, 2023).
The parties appeared at a status conference and the court entered an order for reunification between the father and the parties’ child. The mother appealed, arguing the hearing was not noticed as an evidentiary hearing, and she was not given an opportunity to present evidence that reunification was not in the best interest of the parties’ child. The appellate court, with the concession of the father, agreed that it was error for the trial court to order reunification under these circumstances.
Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.