Henry v. Rice
The Fourth DCA reversed an interim temporary timesharing order that flipped primary residence to the father, restricted the mother's timesharing to Indian River County, and imposed a sheriff's-office exchange requirement, all entered after a hearing noticed only on the father's contempt motion with no evidence taken. The court held the order violated due process because it modified the parenting plan without a petition for modification, without an evidentiary hearing, without any emergency finding, and granted relief never requested.
Key facts
- Mother and Father disputed timesharing and primary residence of their child; a parenting plan was previously established by judgment with Father's contempt motion pending.
- The trial court held a hearing noticed only on Father's contempt motion, took no evidence on best interests of the child, and entered an interim order flipping primary residence to Father, restricting Mother's timesharing to Indian River County, and requiring sheriff's-office exchanges.
- +1 more key fact with a free trial
Why it matters
This decision gives family practitioners a clean, citable roadmap for attacking interim timesharing orders entered at contempt hearings: no supplemental petition, no evidentiary hearing, no emergency finding, and relief… — full analysis with a trial
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