Shaw v. Shaw, 4D00-0195.
| Decision Date | 31 May 2000 |
| Docket Number | No. 4D00-0195.,4D00-0195. |
| Parties | Samuel SHAW, Appellant, v. Elizabeth SHAW, Appellee. |
| Court | Florida District Court of Appeals |
Diane H. Tutt and Sharon C. Degnan of Diane H. Tutt, P.A., Plantation, for appellant.
Abbe Cohn of Abbe Cohn, P.A., Fort Lauderdale, and Nancy W. Gregoire of Bunnell, Woulfe, Kirschbaum, Keller, Cohen & McIntyre, P.A., Fort Lauderdale, for appellee.
Appellant father raises a number of issues involving the trial court's resolution of custody and visitation of the parties' child. We affirm the order in all respects.
The trial court concluded that shared parental responsibility would be "detrimental to the minor child and not in her best interest at this time." The court accordingly awarded the mother temporary sole parental responsibility, ordered the father to attend a thirty-six week parenting course, and agreed to have a status conference after the father completed the course to revisit shared parental responsibility.
The trial court found that from the period when the mother filed the petition for dissolution of marriage, in April 1997, until the trial of this case almost two and one-half years later, the father had exercised visitation with his child only four times. The court further found that the mother would frequently attempt to schedule visitation but that the father would refuse it or sabotage it when it occurred. The court specifically found the mother to be credible and the father to be not credible.
One of the issues the father raises on appeal is that the court erred in ordering him to attend a parenting course because the mother had not requested that relief. He relies on Williams v. Williams, 690 So.2d 601, 603 (Fla. 1st DCA 1996), in which the court stated:
As to point three, we must reverse the provision of the order requiring the former husband to obtain alcohol abuse counseling and to attend parenting classes. It is improper to enter an order which exceeds the scope of relief sought by the pleadings, absent notice which affords the opposing party an opportunity to be heard with respect to the proposed relief.
We do not agree with Williams to the extent that it requires that attendance at parenting classes must be plead. Section 61.13(4)(c) authorizes a court to "order the custodial parent to attend the parenting course approved by the judicial circuit." Although this father is not a custodial parent at this time, we see no reason why ...
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Shaw v. Shaw, SC00-1577.
...Woulfe, Kirschbaum, Keller & McIntyre, P.A., Fort Lauderdale, FL, for Respondent. PER CURIAM. We granted review of Shaw v. Shaw, 760 So.2d 981 (Fla. 4th DCA 2000), based on apparent conflict with Williams v. Williams, 690 So.2d 601 (Fla. 1st DCA 1996). Upon examination of the record, we hav......
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Moncher v. Maine, 5D03-2955.
...notice which affords the opposing party an opportunity to be heard with respect to the proposed relief." Id. at 603. In Shaw v. Shaw, 760 So.2d 981 (Fla. 4th DCA 2000), however, the Fourth District Court of Appeal considered the subject in a somewhat different context. There, the trial cour......
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Roman v. Lopez, 3D01-2165.
...a court to "order the custodial parent to attend the parenting course approved by the judicial circuit." See Shaw v. Shaw, 760 So.2d 981, 982 (Fla. 4th DCA 2000). Although Chapter 741 governs domestic violence petitions, section 741.30(6)(a)(3), Florida Statutes (2001), grants the court aut......
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