Breaking News from Supreme Court of Florida Regarding Parenting Plan-Modification Time-Sharing
- April 30, 2021
- ontarget
- Divorce, Family Law
- custody, Florida law, time-sharing
- 0 Comments
The Florida Supreme Court ruled in CN, Petitioner v IGC, Respondent, 46 Fla. Law Weekly Supreme Court of Florida Case No. SC20-505, April 29, 2021, that a final judgment that modifies a pre-existing parenting plan is not required to give parents concrete steps to restore lost time-sharing and return pre-modification status quo.
In this case the Supreme Court decided the issue that a certified conflict in cases as to whether a final judgment that modifies a pre-existing parenting plan must give a parent “concrete steps” to restore the lost time-sharing and return to the pre-modification status quo. The Supreme Court ruled that there is no such requirement.
The conflict that was certified stemmed from The Second District Court of Appeals in Mallick, which conflicted with the First and Fifth Districts over whether chapter 61 authorizes (as opposed to requires) concrete steps provision in final judgments that modify parenting plans. Mallick 2020WL 6106287, at •6.
The Supreme Court of Florida agreed with the Fifth District Court of Appeals, which encompasses the Orlando area and Central Florida, that a final judgment modifying a pre-existing parent plan is not legally deficient simply for failing to give specific steps to restore lost time-sharing. The court having said that, it noted that the Fifth District Court of Appeals went further and held that section 61.13(3), Florida Statutes, does not authorize trial courts to include such steps in a final judgment modifying a parenting plan. The Supreme Court of Florida said that this decision did not address the correctness of that latter holding.
The Supreme Court of Florida order stated that in light of the aspects of chapter 61, a court does not err simply for finally modifying a pre-existing parent plan without giving a parent concrete steps to restore any lost time-sharing.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.