Often the Court is faced with the question of what sanction they should impose on a parent who is found in contempt of court for a violation of a parenting plan.
As The Third District Court of Appeal recently found in the case of Andre vs. Abreu, one sanction the Court cannot impose is a modification of a timesharing plan.
Third District Court of Appeal
State of Florida
Opinion filed March 27, 2019.
Not final until disposition of timely filed motion for rehearing.
Nos. 3D17-1747 & 3D17-1107
Lower Tribunal No. 16-10767
Guillermo Manuel Abreu,
Appeals from the Circuit Court for Miami-Dade County, Maria Elena
Martinez-Scanziani & Associates Law, P.A., and Denise Martinez
Scanziani, for appellant.
Guillermo Manuel Abreu, in proper person.
Before EMAS, C.J., and LOGUE and HENDON, JJ.
Appellant Keisha Andre appeals the trial court’s order finding her in
contempt. On its face, the Order impermissibly modifies the parties’ timesharing as
a sanction against Ms. Andre. See De Castro v. De Castro, 957 So. 2d 1258, 1259-
61 (Fla. 3d DCA 2007) (concluding that modification of a timesharing plan is
inappropriate as a sanction for contempt); see also Duncan v. Brickman, 233 So.
3d 477, 480-81 (Fla. 2d DCA 2017); Tarter v. Tarter, 960 So. 2d 862, 863-64 (Fla.
1st DCA 2007). At the time the Order was entered, there was no pending petition
to modify or finding made that modification was in the best interest of the minor.
See De Castro, 957 So. 2d at 1261 (citing Pelliccia v. Arce, 867 So. 2d 619, 620-21
(Fla. 2d DCA 2004) (reversing order modifying custody because proceedings were
commenced upon a motion for contempt and there was no finding that
modification was in the best interest of the child); see also Albert v. Rogers, 57 So.
3d 233, 236-37 (Fla. 4th DCA 2011). This error is clear on the face of the Order.
See Ferguson v. Ferguson, 54 So. 3d 553, 556 (Fla. 3d DCA 2011) (citing Casella
v. Casella, 569 So. 2d 848, 849 (Fla. 4th DCA 1990) (finding reversible error on
the face of the amended judgment alone).
Reversed and remanded.
Full Opinion of the Court https://www.3dca.flcourts.org/Opinions/3D17-1747.pdf
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