Civil Rules In Florida Family Law Explained

The Florida Family Law Rules of Procedure outline the civil rules that apply in family law cases in the state of Florida. These rules govern a range of family law matters, including but not limited to: subpoenas, depositions, pleadings, motions, evidence, and temporary injunctions for protection against domestic violence, repeat violence, dating violence, sexual violence, and stalking. The rules are designed to provide a framework for the efficient and fair resolution of family law disputes, with the goal of protecting the rights and interests of all parties involved. Understanding and adhering to these rules are crucial for legal professionals and individuals navigating family law issues in Florida.

Rule 12.610: Injunctions for Protection Against Domestic, Repeat, Dating, and Sexual Violence, and Stalking

Rule 12.610 of the Florida Family Law Rules of Procedure outlines the process for obtaining injunctions for protection against domestic violence, repeat violence, dating violence, sexual violence, and stalking.

Application and Petitions:

Any person may file a petition for an injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, or stalking as provided by law. This rule applies to both temporary and permanent injunctions. All other injunctive relief sought in cases governed by the Family Law Rules will be addressed under Florida Rule of Civil Procedure 1.610.

Service of Petitions:

Personal service by a law enforcement agency is required for all types of violence and stalking petitions. The clerk of the court will provide the necessary documents, including the petition, financial affidavit (if support is sought), Uniform Child Custody Jurisdiction and Enforcement Act affidavit (if custody is sought), temporary injunction, and notice of hearing. These documents will be furnished to the appropriate sheriff or law enforcement agency for expeditious service of process.

Consideration by the Court:

Upon receiving a petition, the court will schedule a hearing as soon as possible. If a petition for an ex parte injunction is denied, the court will provide a written order stating the legal grounds for the denial. If the only reason for denial is the absence of an immediate and present danger, the court will schedule a full hearing with notice. Petitioners have the right to amend their petition or request to be heard in person.

Orders of Injunction:

For an ex parte temporary injunction to be issued, the court must determine that an immediate and present danger of violence or stalking exists. The court may limit the evidence to verified pleadings or affidavits to establish this danger. If the respondent appears or has received notice of the hearing, the court may proceed with the hearing.

Final Judgment:

A hearing is required for a final judgment of injunction for protection against repeat, dating, or sexual violence, or stalking. For domestic violence cases, the court must determine if domestic violence occurred or if there is an imminent danger. If an injunction is granted, the court will make rulings on various matters, including contact between the parties, residence, child custody, child support, and spousal support. Mediation may be offered to resolve these details with the consent of both parties.

Issuing of Injunction:

Standardized forms approved by the Florida Supreme Court will be used for issuing temporary and permanent injunctions. No bond is required for the entry of an injunction. The clerk of the court will provide certified copies of the injunction order for service.

Service of Injunctions:

Temporary injunctions must be personally served. If the respondent fails to appear at the initial hearing after being served, subsequent pleadings may be served by certified mail instead of personal service. Permanent injunctions are served differently depending on whether the party was present at the hearing. If present, the party may acknowledge receipt of the injunction in writing, or the clerk will serve the order by mail. If the party was not present, the clerk will forward a copy of the injunction to the sheriff for service.

Duration:

Temporary injunctions are effective for up to 15 days, and a full hearing must be scheduled before or on the date the temporary injunction expires. The court may grant continuances for good cause. Permanent injunctions are granted for a fixed period or until further order from the court. The court has broad discretion to extend the injunction upon the victim's petition.

Enforcement and Modification:

Violations of the injunction can be enforced through civil or criminal contempt proceedings. The petitioner or respondent may request the court to modify or vacate an injunction at any time. Service of a motion to modify or vacate must follow specific procedures outlined in the rule.

Rule 12.491: Child Support Enforcement

The major downside to this system is that only support can be addressed. As many support issues are entangled with other issues like timesharing, only partial remedies can be gained from these hearings. This rule is only effective when invoked by an administrative order of the chief justice for use in a particular county or circuit. It applies to proceedings for the establishment, enforcement, or modification of child support, as well as the enforcement of any support order when the party seeking support receives services under Title IV-D of the Social Security Act.

Hearing officers appointed by the chief judge of each judicial circuit perform the duties outlined in the rule. A support enforcement hearing officer is referred to the case by the court or clerk of the court upon the filing of a cause of action to which the rule applies. The hearing officer has the power to issue process, administer oaths, require production of documents, and conduct hearings for the purpose of taking evidence. It is important to note that hearing officers do not have the authority to hear contested paternity cases.

After the case is referred to a hearing officer, a time and place for the appropriate hearing are set, and notice must be given as required by law. At the hearing, the hearing officer can take testimony and establish a record, which may be recorded electronically. The hearing officer shall accept voluntary acknowledgment of paternity and support liability and stipulated agreements setting the amount of support to be paid. The hearing officer then evaluates the evidence and makes a recommended order to the court, which lays out the findings of fact.

Once the court receives a recommended order, it shall review the order and enter it unless good cause appears to amend, conduct further proceedings, or refer the matter back to the hearing officer for further hearings. Any party affected by the order may move to vacate the order by filing a motion within 10 days of its entry. A motion to vacate shall be heard within 10 days of the movant applying for a hearing on the motion. A record, including the court file, a transcript of the proceedings, and all depositions and evidence presented to the hearing officer, shall be provided by the party seeking review, who will also bear the cost. The transcript shall be provided to the judge and opposing counsel at least 48 hours prior to the hearing.

Although there is a deadline for motions to vacate, any party affected by an order may move to modify at any time.

Rule 12.742: Parenting Coordination

Rule 12.742 of the Florida Family Law Rules of Procedure outlines the process for parenting coordination, a child-focused alternative dispute resolution process. This process involves qualified mental health or legal professionals assisting high-conflict parents in implementing their parenting plan, facilitating timely dispute resolution, and educating parents about their children's needs.

Qualification Process

Each judicial circuit in Florida must establish a process to determine that a parenting coordinator is qualified as per the requirements in the parenting coordination section of Chapter 61, Florida Statutes.

Referral and Appointment

An order referring the parties to a parenting coordinator must follow Florida Family Law Rules of Procedure Form 12.984(a) and specify the coordinator's role, responsibilities, and authority. The parties may agree in writing on a coordinator, subject to court approval. If they cannot agree, the court will appoint a qualified coordinator. The appointed coordinator must file a response accepting or declining the appointment using Form 12.984(b).

Term of Service

The term of service for a parenting coordinator is specified in the order of appointment and should not exceed two years initially. The court may extend this term. Service will be terminated if the coordinator resigns or is disqualified, or if a finding of good cause is shown, such as domestic violence, safety concerns, or a determination that the coordinator's service is no longer needed.

Removal and Substitution

The court must remove a parenting coordinator if they become disqualified under Chapter 61 or if good cause is shown. If a coordinator cannot serve or complete their service, a substitute may be chosen in the same manner as the original coordinator.

Authority

The parenting coordinator's authority can be expanded with the express written consent of both parties. If there is a history of domestic violence, the court must determine that consent was given freely and voluntarily. With this consent, the coordinator may have temporary decision-making authority to resolve non-substantive disputes or make recommendations to the court about the parenting plan or time-sharing.

With the consent of one party, the coordinator may access that party's confidential records and share information with health care providers or third parties. With court approval, the coordinator may access a child's confidential records and share information with health care providers or third parties.

Limitations on Authority

A parenting coordinator does not have the authority to resolve substantive disputes that would significantly change the quantity or quality of time a child spends with a parent or modify parental responsibility. Coordinators also cannot make substantive recommendations about parental responsibility or time-sharing unless the court determines an emergency, as defined in Chapter 61, exists, and that the recommendation is in the child's best interest. Additionally, the parties must agree to allow coordination communications to support or challenge the coordinator's recommendation.

Emergency Orders

Upon receiving an affidavit or verified report of an emergency from the parenting coordinator, the court will determine if an emergency order is necessary to prevent or stop the emergency situation. The court will set a hearing, but an emergency order may be entered without notice to the parties if there is an immediate and present danger. The order will be endorsed with the date, time, and reasons for its issuance and will define the injury or potential injury. A copy of the coordinator's affidavit or report will be provided to the parties and the attorney ad litem. A return hearing will be scheduled if an emergency ex parte order is issued. The emergency order remains in effect until further order from the court. A motion to modify or dissolve an ex parte emergency order must be heard within 5 days of the movant's application for a hearing.

Communication with the Court

The parenting coordinator may submit written reports or communications on non-confidential matters to the court. In cases of certain emergencies, coordinators must report to the court without notifying the parties, using Form 12.984(c). If the coordinator cannot perform their duties as directed by the court, they must request a status conference using Form 12.984(d). When notice to the parties is required, the coordinator must serve each party with a copy of the written communication.

Testimony and Discovery

A parenting coordinator will not be called to testify or be subject to discovery rules unless the court finds good cause. The requesting party must file a motion alleging good cause and serve it, along with the notice of hearing, to the coordinator. The requesting party is initially responsible for the coordinator's fees and costs resulting from the motion.

Parenting Coordination Sessions

A parenting coordination session involves communication between a party and the coordinator and may include other participants as determined by the coordinator or as directed by the court. Sessions can be held in person, over the phone, or via electronic media.

Rule 12.360: Examination of Persons

Rule 12.360 of the Florida Family Law Rules of Procedure outlines the process for the examination of persons in family law matters. This rule is based on Florida Rule of Civil Procedure 1.360, which provides general provisions for such examinations. The key details of Rule 12.360 are as follows:

Request for Examination:

A party involved in a family law matter may request another party or a person under their custody or legal control to undergo an examination by a qualified expert. This request is permitted when the condition in question, be it physical or mental, is relevant to the case at hand. The requesting party must provide a reasonable timeframe, location, and details of the examination method, and they must also specify who will conduct the examination.

Response to Request:

The party receiving the request has 30 days to respond, unless they are a respondent, in which case they have 45 days. The response must either agree to the examination or state valid objections. If the examination will be recorded or observed by others, the number of attendees, their roles, and recording methods must be disclosed.

Examination Process:

If the condition in controversy is not physical, the requesting party must seek an order for examination from the court. This order must be made after notifying all relevant parties and must include specific details about the examination, such as the time, place, and manner in which it will be conducted.

Good Cause Requirement:

An examination under this rule is only authorized if the requesting party can demonstrate good cause for it. The burden of proving good cause rests on the requesting party during any hearing on the matter.

Protective Rules:

Either the requesting party or the party/person being examined can request that the court establish protective rules to govern the examination process.

Report of Examiner:

Upon request, the requesting party must provide a detailed written report of the examiner's findings, including test results, diagnoses, and conclusions. This report should also include records of any prior examinations of the same condition. The requesting party can then obtain similar reports of subsequent examinations from the other party. If an examiner fails to provide a report, the court may exclude their testimony at trial.

Waiver of Privilege:

By obtaining a report of the examination or taking the deposition of the examiner, the party examined waives any privilege they may have regarding the testimony of other examiners related to the same condition.

Examiner as Witness:

Any party to the action can call the examiner as a witness, but they should not be identified as being appointed by the court.

Rule 12.040: Attorneys

Rule 12.040 of the Florida Family Law Rules of Procedure outlines the role and responsibilities of attorneys in family law matters. This rule ensures that attorneys of record are held accountable throughout the legal process, unless they specifically limit their appearance to a particular proceeding.

Limited Appearance:

An attorney of record is expected to represent their client throughout the entire family law matter. However, they may limit their appearance to a specific proceeding or matter by filing a notice, signed by the party, at the time of their appearance.

Withdrawal or Limiting Appearance:

Prior to the completion of a family law matter or a limited appearance, an attorney of record may seek to withdraw or partially withdraw from the case. To do so, they must obtain the court's approval and file a motion stating their reasons. The attorney remains the attorney of record until the court enters an order granting their withdrawal.

Scope of Representation:

An attorney who appears for a particular limited proceeding or matter is considered "of record" only for that specific proceeding. Any notice of limited appearance must include the attorney's and party's contact information, including name, address, email addresses, and telephone numbers. The attorney's role terminates upon the conclusion of the proceeding, and they must file a "Termination of Limited Appearance" notice.

Representation of State's Title IV-D Child Support Enforcement Agency:

An attorney representing the State's Title IV-D child support enforcement agency must inform all parties that they represent only the agency and not the recipient of IV-D services. This notice should be included in the initial pleading, motion, or other court documents. The attorney's scope of representation is limited to issues concerning paternity, and the establishment, modification, and enforcement of support obligations.

Preparation of Pleadings or Other Documents:

If a party files a pleading or other document with the assistance of an attorney, they must certify that they received such assistance. All documents filed with the court should include the party's name, address, telephone number, and any designated email addresses for service.

Notice of Limited Appearance:

Any document or pleading filed by an attorney with a limited appearance must clearly state their limited role. This statement should be in bold type on the signature page and include the attorney's information, the purpose of their limited appearance, and the name and contact information of the party they represent.

Service:

During an attorney's limited appearance, all pleadings, documents, and notices of hearing must be served upon both the attorney and the party they represent. If the attorney receives notice of a hearing outside the scope of their limited representation, they must notify the court and the opposing party that they will not attend.

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