Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party wants to remove a judge from presiding over a Florida family law proceeding, the party must file a motion for disqualification. “To be legally sufficient, a motion to disqualify must demonstrate some actual bias or prejudice so as to create a reasonable fear that a fair trial cannot be had.” Saenz v. Sanchez, 3D22-1688 (Fla. 3d DCA February 1, 2023) (internal citations omitted).
In the Saenz case, the mother, in what appeared to be a case involving child custody issues, filed a motion to disqualify the judge, alleging that the she feared bias because the judge ordered relief not requested by either party and ordered the guardian ad litem and the opposing party to report acts of the parties’ children to the police. The mother filed a writ of prohibition with the appellate court.
The appellate court granted the petition, holding “Treating the allegations of fact contained in the motion to disqualify as true, as we must, we conclude that disqualification is warranted.” Schedule your meeting with a Miami family law attorney to understand how the law may apply to your case.