Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida child custody orders are modifiable under certain circumstances. Sometimes emergencies arise which affect the best interest of the children involved in the case. This must be weighed with due process rights of both parents. This was an issue in the case Saenz v. Sanchez, 3D22-1476 (Fla. 3d DCA April 19, 2023).
The father apparently filed an emergency motion regarding the parties’ children. A hearing was scheduled as a case management conference, and it appears that at this hearing, the trial court entered orders suspending the mother’s time-sharing and allowing her no contact with the parties’ children; granting the father indefinite uninterrupted time-sharing; mandating that the parties’ oldest child be enrolled in military school; and directing the guardian ad litem to file police reports against two of the children regarding an incident in which they attacked the father. The mother appealed.
The appellate court reversed, holding “Because neither parent requested the remedies ultimately ordered by the trial court nor noticed the underlying issues for hearing, the hearing—set only as a case management conference—and resulting orders violated Saenz’s right to due process. ‘It is well-settled that a trial court violates due process and commits reversible error when it grants a party relief that the party did not request’ (internal citation omitted).”
Schedule your hearing with a Miami family law attorney to understand how the law may apply to your case.