In re Amendments to the Fla. Supreme Court Approved Family Law Forms—Nomenclature

Decision Date01 February 2018
Docket NumberNo. SC17–1948,SC17–1948
Citation235 So.3d 357 (Mem)
Parties IN RE: AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS—NOMENCLATURE.
CourtFlorida Supreme Court

PER CURIAM.

Pursuant to the procedures approved by this Court in Amendments to the Florida Family Law Rules of Procedure & Family Law Forms, 810 So.2d 1, 13–14 (Fla. 2000), this Court has internally reviewed the Florida Supreme Court Approved Family Law Forms and has determined that amendments to the existing forms are needed in light of the United States Supreme Court's decision in Obergefell v. Hodges, ––– U.S. ––––, 135 S.Ct. 2584, 192 L.Ed.2d 609 (2015), and other recent statutory and rule amendments. Input on these issues was received from the Advisory Workgroup on the Florida Supreme Court Approved Family Law Forms, which provided valuable assistance. We have jurisdiction,1 and amend the forms as follows.

First, in response to the United States Supreme Court's decision in Obergefell, we amend multiple forms to replace gendered terms with gender-neutral terms, so that the same forms are appropriate for use in the context of both opposite-sex and same-sex marriages. Next, we amend several existing forms to ensure that clear, concise, and consistent language is used across similar forms, and the General Instructions and Glossary to the forms to reflect recent changes to the forms and to harmonize various definitions contained in the forms with those contained in the Glossary. We also amend several existing final judgment forms to separate factual findings from decretal ones, and we amend various forms to reflect recent amendments to the Florida Family Law Rules of Procedure, adopted in In re Amendments to Florida Family Law Rules of Procedure, 214 So.3d 400 (Fla. 2017).

Additionally, we add language addressing parental consent to a child's mental health treatment to several parenting plan forms in accordance with recent amendments to section 61.13(2)(b)3.a, Florida Statutes (2017). See ch. 2016–241, § 81, at 67–68, Laws of Fla. Finally, we adopt two new forms for use in proceedings commenced pursuant to sections 61.09 and 61.10, Florida Statutes (2017): 12.904(a)(2) (Petition for Support and Parenting Plan Unconnected with Dissolution of Marriage with Dependent Minor Children) and 12.994(a)(2) (Final Judgment for Support and Parenting Plan Unconnected with Dissolution of Marriage).

The amended and new forms are hereby adopted as set forth in the appendix to this opinion, fully engrossed. The amendments to the forms shall become effective immediately upon the release of this opinion and may be accessed and downloaded from the Florida State Court's website at http://www.flcourts.org/resources-and-services/court-improvement/problemsolving-courts/family-courts/family-law-forms.stml. By adoption of the amended forms, we express no opinion as to their correctness or applicability. We also direct that the amended forms be published for comment. Interested persons shall have sixty days from the date of this opinion to file comments with the Court.2

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.

FAMILY LAW FORMS, COMMENTARY, AND INSTRUCTIONS GENERAL INFORMATION FOR SELF–REPRESENTED LITIGANTS
(02/18)

You should read this General Information thoroughly before taking any other steps to file your case or represent yourself in court . Most of this information is not repeated in the attached forms. This information should provide you with an overview of the court system, its participants, and its processes. It should be useful whether you want to represent yourself in a pending matter or have a better understanding of the way family court works. This is not intended as a substitute for legal advice from an attorney. Each case has its own particular set of circumstances, and an attorney may advise you of what is best for you in your individual situation .

These instructions are not the only place that you can get information about how a family case works. You may want to look at other books for more help. The Florida Statutes, Florida Family Law Rules of Procedure, Florida Rules of Civil Procedure, and other legal information or books may be found at the public library or in a law library at your county courthouse or a law school in your area. If you are filing a petition for Name Change and/or Adoption , these instructions may not apply.

If the word(s) is printed in bold , this means that the word is being emphasized. Throughout these instructions, you will also find words printed in bold and underlined . This means that the definitions of these words may be found in the glossary of common family law terms at the end of this general information section.

Commentary

1995 Adoption . To help the many people in family law court cases who do not have attorneys to represent them (pro se litigants), the Florida Supreme Court added these simplified forms and directions to the Florida Family Law Rules of Procedure. The directions refer to the Florida Family Law Rules of Procedure or the Florida Rules of Civil Procedure. Many of the forms were adapted from the forms accompanying the Florida Rules of Civil Procedure. Practitioners should refer to the committee notes for those forms for rule history.

The forms were adopted by the Court pursuant to Family Law Rules of Procedure , 667 So.2d 202 (Fla. 1996) ; In re Petition for Approval of Forms Pursuant to Rule 10–1.1(b) of the Rules Regulating the Florida Bar—Stepparent Adoption Forms , 613 So.2d 900 (Fla. 1992) ; Rules Regulating the Florida Bar—Approval of Forms , 581 So.2d 902 (Fla. 1991).

Although the forms are part of these rules, they are not all inclusive and additional forms, as necessary, should be taken from the Florida Rules of Civil Procedure as provided in Florida Family Law Rules of Procedure. Also, the following notice has been included to strongly encourage individuals to seek the advice, when needed, of an attorney who is a member in good standing of the Florida Bar.

1997 Amendment . In 1997, the Florida Family Law Forms were completely revised to simplify and correct the forms. Additionally, the appendices were eliminated, the instructions contained in the appendices were incorporated into the forms, and the introduction following the Notice to Parties was created. Minor changes were also made to the Notice to Parties set forth below.

NOTICE TO PARTIES WHO ARE NOT REPRESENTED BY AN ATTORNEY WHO IS A MEMBER IN GOOD STANDING OF THE FLORIDA BAR

If you have questions or concerns about these forms, instructions, commentary, the use of the forms, or your legal rights, it is strongly recommended that you talk to an attorney. If you do not know an attorney, you should call the lawyer referral service listed in the yellow pages of the telephone book under "Attorney." If you do not have the money to hire an attorney, you should call the legal aid office in your area.

Because the law does change, the forms and information about them may have become outdated. You should be aware that changes may have taken place in the law or court rules that would affect the accuracy of the forms or instructions.

In no event will the Florida Supreme Court, The Florida Bar, or anyone contributing to the production of these forms or instructions be liable for any direct, indirect, or consequential damages resulting from their use.

FAMILY LAW PROCEDURES

Communication with the court. Ex parte communication is communication with the judge with only one party present. Judges are not allowed to engage in ex parte communication except in very limited circumstances, so, absent specific authorization to the contrary, you should not try to speak with or write to the judge in your case unless the other party is present or has been properly notified. If you have something you need to tell the judge, you must ask for a hearing and give notice to the other party or file a written statement in the court file and send a copy of the written statement to the other party .

Filing a case . A case begins with the filing of a petition . A petition is a written request to the court for some type of legal action. The person who originally asks for legal action is called the petitioner and remains the petitioner throughout the case.

A petition is given to the clerk of the circuit court , whose office is usually located in the county courthouse or a branch of the county courthouse. A case number is assigned and an official court file is opened. Delivering the petition to the clerk's office is called filing a case. A filing fee is usually required.

The Florida Rules of Judicial Administration now require that petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file a petition or other pleadings, motions, and documents electronically; however, they are not required to do so. If you choose to file your petition electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the circuit within which you file. The rules and procedures should be carefully read and followed.

Service of the original petition or supplemental petition . When one party files a petition , motion , or other pleading , the other party must be "served" with a copy of the document. This means that the other party is given proper notice of the pending action(s) and any scheduled hearings. The person against whom the original legal action is being requested is called the respondent, because he or she is expected to respond to the petition. The respondent remains the respondent throughout the case.

Personal service of the petition and summons on the respondent by a deputy sheriff or private process server is required in all original petitions and supplemental petitions , unless constructive service is permitted by law. Personal service may also be required in other actions by some judges.

Constructive...

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    ...must be attached to the petition. [ See In re Amendments to the Florida Supreme Court Approved Family Law Forms-Nomenclature. , 235 So. 3d 357 (Fla. 2018).] IN PR A CTICE Because of the necessity of pleading and proving the allegations required in section 68.07(2), Florida Statutes, as well......
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