By Michael P. Sampson A Climate of Positive Energy Valentine’s Day 1990. The founder of the Collaborative movement, Stuart G. Webb, writes to the Honorable A.M. “Sandy” Keith, Justice of the Minnesota Supreme Court. Mr. Webb’s love interest? A power…
Frequently asked questions regarding Florida Collaborative Divorce.
Florida favors settlement agreements of family law disputes. Parents may agree to take on obligations based on future events. That’s true even if a court otherwise couldn’t impose those obligations. This power parents have in collaborative divorce to make agreements…
Please see the statewide chart of enactment of the Uniform Collaborative Law Act (UCLA), with links to state laws. On August 16, 2021, New Hampshire became the 21st state (plus the District of Columbia) to adopt the Uniform Collaborative Law…
What is a Parenting Plan? In Florida, a ‘Parenting Plan’ governs the relationship between parents “relating to decisions that must be made regarding the minor child.” Section 61.046(14), Florida Statutes. See CN v. IGC, Case No. SC20-505 (Florida Supreme Court April 29, 2021). …
On December 5, 2019, the Florida Supreme Court amended the form for income deduction orders. Florida Family Law Form 12.996(a).
The Supreme Court of Florida amended the Florida Rules for Qualified and Court-Appointed Parenting Coordinators (“Parenting Coordinator Rules”). See In Re: Amendments to the Florida Rules for Qualified and Court-Appointed Parenting Coordinators, Case No. SC20-942 (Fla. December 2, 2021). Summary of…
Employers: think about reminding your employees to update their beneficiary designations after divorce. For multiple covered assets, section 732.703, Florida Statutes voids upon divorce beneficiary designations of an ex-spouse. See State Farm Life Insurance Company v. Stone, Case No. 5:15-cv-267-Oc-30PRL (MD…
Collaborative Parenting Plans in Florida divorce or paternity cases may address your child’s future best interests in ways Florida family judges can’t. Judges are not prophets: A judge has no crystal ball to see how future events might affect your…
Judges Must Make Decisions About Children’s Best Interests Based On Present Facts, Not Future Best Interests. Judges must decide parenting issues based on your child’s best interests as of the final hearing, not on your child’s future best interests. A…
When Can a Judge Look Ahead? When ordering a parenting plan in a Florida divorce or paternity action, the judge generally must stick to the present. The judge must make determinations based on findings about your child’s present best interests.…
Parenting plans govern parents’ future conduct in relationship towards each other and towards their children. These relationships comprise regular and holiday timesharing schedules, decision making about major events in a child’s life, and communications. Parents and judges necessarily look ahead to…
In Florida, parents face an extraordinary burden for modification of a parenting plan. This burden is called the “substantial change in circumstances” test. The test for modification applies unless the initial final judgment provides otherwise. In Wade v. Hirschman, 903 So.2d…
When considering parents’ agreements, judges must safeguard kids. A court isn’t bound by parents’ agreements regarding child support, custody, or visitation. Feliciano v. Feliciano, 674 So.2d 937 (Fla. 4th DCA 1996); see also Yitzhari v. Yitzhari, 906 So.2d 1250, 1257 n. 4 (Fla. 3d DCA…
Parents in Florida divorce and paternity cases may anticipate and plan for events reasonably certain to occur in their children’s lives. They may enter into parenting agreements that flexibly adjust provisions when predicted and planned for events take place. Case…
A court has an ongoing obligation to safeguard minor children’s best interests. Collaborating parents may agree to enlist court review to approve modifications when events they anticipated in their parenting plans occur. Parents’ attempts to trigger automatic modifications for uncertain…
Many parents agree to resolve privately future impasses if they can’t agree on decisions for their children. Parents who choose the collaborative process appreciate court fighting can be costly and drawn out. These concerns apply equally for initial proceedings and…
For events you anticipate, can you build into your parenting plan modifications? CN v. IGC: Leaves Open Question of Whether Agreed On Contingencies are “Modifications” In C.N. v I.G.C., Case No. SC20-505 (Fla. April 29, 2021), a mother invited the…
You may agree your judgment will provide for a lesser burden for modification than the substantial change in circumstances test. Read more about that extraordinary burden here. The Supreme Court of Florida noted a judgment could provide a different standard…
This Beneficiary Designations Checklist for collaborative teams can help couples develop options for beneficiary designations after divorce. One spouse may want the other named as beneficiary of insurance policies, annuities, accounts or other assets. The couple may have good reasons…
How do parenting plans provide for consent to mental health treatment for a child? What does “mental health treatment” even mean and include? Further, what if parents don’t agree on mental health treatment their child should continue, undertake, or stop?…
Parents in Florida divorce and paternity cases decide if they will share parental responsibility and decision making for their child. Therefore, they must agree to a “Parenting Plan” or have a judge decide on a plan. In collaborative practice, parents…
Parents who “share parental responsibility” retain full parental rights and responsibilities for their child. This means both parents confer with each other to make decisions for their child. See Section 61.046(17), Florida Statutes. In sharing responsibility for decisions, parents generally must…
Florida law treats consent to “mental health treatment” for a child differently from other major decisions. Specifically, when parents share responsibility, their parenting plans must provide each parent retains consent to the child’s mental health treatment. See Section 61.13(2)(b)3., Florida…
In 2016, Florida law changed to mandate, in parenting plans designating shared parental responsibility, that either parent retains consent to their child’s mental health treatment. See Section 61.13(2)(b)3., Florida Statutes, amended by Laws of Florida 2016-241. Analysis of the final…
How do courts in Florida handle shared parental responsibility over a child’s health care? Florida family judges must determine parenting matters according to the child’s best interests and the Uniform Child Custody Jurisdiction and Enforcement Act. Exception to Best…
Florida’s divorce and paternity statutes don’t define “mental health treatment.” When they’re sharing parental responsibility, each parent retains parental consent to mental health treatment. However, by clarifying and agreeing to the scope of “mental health treatment” for their child, parents…
Florida law provides either parent may consent to their child’s mental health treatment. But, what is “mental health treatment? Parents in collaborative divorce may attempt to state precisely their intent about “mental health treatment” for their child. Towards that end,…
Parents in the Collaborative Process may consider using definitions of “mental health treatment.” This article give example language using definitions. For more about definitions, read the discussion here. For our Parenting Plan, “Mental Health Treatment” means these techniques, as defined…
When Florida parents divorce and share parental responsibility, either may consent to mental health treatment for a child. Therefore, mental health treatment providers generally may accept informed consent by only one parent to mental health treatment. A Parent Has a…
Under Florida Law, mental health treatment providers, and their professions’ corresponding statutory informed consent requirements, include: Mental Health Provider Informed Consent References Psychiatrist licensed under Chapter 458 or 459, Florida Statutes Section 458.325(1), Florida Statutes provides, for electroconvulsive or psychosurgical…
One parent may disagrees with the other parent’s consenting to mental health treatment for their child. The objecting parent often faces costly, time consuming, and inadequate remedies. When parents disagree about mental health treatment, the objecting parent may ask the…
By Michael P. Sampson (part 2 of 8) Service of Process – Effective Service is Required A corporation or trust a spouse names in a Florida family law action may first consider a challenge to service of process. Through effective…
By Michael P. Sampson (part 3 of 8) For the Florida court to adjudicate claims against the corporation or trust, does the family law petition plead personal jurisdiction over the entity? If service of process on an entity is sufficient…
By Michael P. Sampson (part 4 of 8) A spouse may attempt to bring in a corporate entity or trust into the divorce either under Florida’s Long Arm Statute or on an alter-ego theory. Under the Long Arm Statute, the…
By Michael P. Sampson (part 5 of 8) First Prong: Is Personal Jurisdiction Over the Corporation or Entity Appropriate Under Florida’s Long Arm Statute? The first prong of the two-pronged test for bringing a foreign corporation or trust into a…
By Michael P. Sampson (part 6 of 8) Alter Ego Basis for Jurisdiction: Piercing the Corporate Veil The two-step process for establishing long arm jurisdiction does not apply when a spouse is traveling under a different theory: the alter ego…
By Michael P. Sampson (part 7 of 8) Jurisdiction Over Real and Personal Property Located in County Where Florida Divorce Is Pending If property at issue in a divorce case is within the court’s jurisdictional boundaries, it doesn’t matter if…
By Michael P. Sampson (part 8 of 8) Affidavits: Important to Be Prepared! An entity drawn into a family law dispute typically must assemble sworn affidavits to support challenges to service of process or personal jurisdiction or both. See Fishman, Inc. v.…
In 2020, the Supreme Court of Florida adopted collaborative divorce forms. See Florida Family Law Rules of Procedure Forms 12.985(a)-(g). These forms are for couples like you who may be considering the collaborative process for your divorce. The forms generally…
This article discusses Florida’s ethical rule for the collaborative law process in family law matters, including collaborative divorce. Florida’s Collaborative Law Process Act, section 61.56, Florida Statutes, took effect July 1, 2017. On May 18, 2017, the Supreme Court of…
Florida’s collaborative law system for collaborative divorce has four parts: a statute, a family law rule of procedure, an ethical rule, and Florida Supreme Court Approved Family Law Forms. Florida’s Collaborative Law Process Act, section 61.56, Florida Statutes, took effect…
On October 15, 2020 (updated November 12, 2020), the Supreme Court of Florida approved Florida collaborative law process forms. See docket in IN RE: AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE – FORMS 12.985 (a)-(g) (COLLABORATIVE LAW PROCESS),…
PART III, CHAPTER 61, FLORIDA STATUTES COLLABORATIVE LAW PROCESS ACT 61.55 Purpose. 61.56 Definitions. 61.57 Beginning, concluding, and terminating a collaborative law process. 61.58 Confidentiality of a collaborative law communication. 61.55 Purpose.—The purpose of this part is to create a uniform system of practice for…
RULE 12.745. COLLABORATIVE LAW PROCESS(a) Application. This rule governs all proceedings under chapter 61, part III, Florida Statutes. (b) Collaborative Law Process. (1) Initiating Process. (A) A collaborative law process begins, regardless of whether a legal proceeding is pending, when…