The Smith Family Law Florida Case Law Update: Week of April 16, 2018
Daniels v. Caparello: Fla 1st DCA, April 20, 2018
Parties agreed to a gradual step up to 50/50 timesharing. If the parties could not agree as to how the 50/50 timeshare was to be split, they were to mediate the matter. When mediation was unsuccessful, the parties presented before the court which indicated that it intended to set a default week on week off schedule. The parties stipulated to a different timesharing agreement (still 50/50) which was adopted by the court. The trial court order stood on appeal because the only issue before the court was how the 50/50 timeshare should be structured as opposed to whether it should be 50/50. Further, mother waived the ability to appeal as she invited error by stipulating to the timeshare and also failed to raise arguments on a motion for reconsideration (pointing out that the court should have made. Finding that the schedule was in the child’s best interests).
Lewis v. Juliano: Fla 4th DCA, April 18, 2018
Trial court erred in providing summer contact to father with a provision that mother had to provide her physical address in order to have any timesharing. Appellate court found that this constituted a prohibited modification of timeshare as a sanction for mother’s failure to abide by the final judgment (requirement to provide updated address information).
Posted by Roy Smith on Apr 20th 2018
