Modification of Visitation Order: Requires Proper Notice and a Proof of a Substantial Change in Material Circumstances and that Modification is Required to Protect the Child’s Best Interests

Florida Department of Children and Families, v. P.I., the Mother, and M.H., the Father, 2017 WL 2265372 (Fla. 3d DCA) At the shelter hearing, the court ordered no contact with the parents based on explicit findings of “egregious physical abuse” by the mother and “failure to protect” by the father. The children were placed in […]

In re D.O., 210 So.3d 1242 (Fla. 2nd DCA 2016)

Father appealed the trial court’s order terminating supervision and jurisdiction over his child.  The Department of Children and Families (Department) and the Guardian ad Litem conceded error, specifically that Father was not given notice that the Department’s motion to terminate protective supervision would be heard at a previously scheduled review hearing. Three days before the scheduled […]

Department of Children and Families v. T.W., 124 So.3d 411 (Fla. 5th DCA 2013)

The Department of Children and Families (department) appealed the trial court’s order reunifying the mother and her children based on unsworn statements made by the mother and the caseworker. The department argued that there was “no prior notice that reunification would be addressed, [the department] was not afforded an opportunity to present witnesses or otherwise […]

In re J.B.,130 So.3d 753 (Fla. 2d DCA 2014)

The father appealed the trial court’s order terminating protective supervision and placing his two children in permanent guardianship. At the time of the latest judicial review, neither the father nor the mother had achieved their case plan goals. The children had been living in non-relative foster care for about 18 months. The day before the […]