In a child custody and visitation proceeding, to demonstrate a wrongful removal or retention of a child under the Hague Convention, a petitioner must establish: (i) the child is retained in a country outside the country of the child’s habitual residence, (ii) the removal must be a violation of the…
The correct standard for temporary alimony balances needs, as fixed by the parties’ standard of living and the ability to pay on the other. In Hoffman v. Hoffman, the Florida Court of Appeal recently stated: “Although the order under review is a temporary support order in which the circuit court…
In a child custody and visitation proceeding, the constitutional guarantee of due process dictates a full and fair opportunity to be heard in judicial proceedings. The failure to give a party the chance to present witnesses or testify violates this fundamental right. In Cole v. Cole, the Florida Court of…
In a divorce proceeding, if a trial court bifurcates the proceeding to dissolve the marriage but retains jurisdiction to determine property issues, the subsequent death of a party does not deprive the trial court of jurisdiction to determine the issues reserved. In Passamondi v. Passamondi, the Florida Court of Appeal…
In a paternity proceeding, a child born during an intact marriage is presumed to be the child of the man to whom the biological mother was married. In CG v. J.R. & J.R., the Florida Court of Appeal recently stated: “… [T]his is…a case wherein the biological mother- while married…
Contested paternity proceedings may not be heard by hearing officers because they have no constitutional or statutory authorization to make recommendations regarding custody and visitation. In Department of Revenue o/b/o Moore v. Williams, the Florida Court of Appeal recently stated: “The Department of Revenue appeals a Final Judgment of Support…
In a child relocation proceeding, when a parent violates a pretrial order addressing the removal of the child from the jurisdiction of the court, it is well within the discretion of the trial court to award sole responsibility to the parent who is properly before the court and compliant with…
On Behalf of Matthew Lane & Associates, P.A. | Apr 11, 2014 | Alimony In awarding alimony, income from property being distributed should be used in determining need and ability to pay. In Hodge v. Hodge, the Florida Court of Appeal recently stated: “The Amended Final Judgment does not indicate…
In a child relocation proceeding, when the parties’ settlement agreement expressly prohibits a move, the party who seeks to relocate must show a substantial change in circumstances to justify the relocation. In Moore v. McIntosh the Florida Court of Appeal recently stated: “The trial court erred as a matter of…
In making a division of property and assets in a divorce proceeding, there must be extraordinary circumstances to award an interim partial distribution. In Defanti v. Russell, the Florida Court of Appeal recently stated: “This is an appeal from the circuit court’s order granting the former wife’s amended sworn motion…