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Lewis v. Juliano

Florida Court of Appeals, Fourth District

April 18, 2018

VANESSA LEWIS, Appellant,
v.
JASON JULIANO, Appellee.

         Not final until disposition of timely filed motion for rehearing.

          Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Robert L. Pegg, Judge; L.T. Case No. 2014DR000683.

          Vanessa A. Lewis, Melbourne, pro se.

         No appearance for appellee.

          TAYLOR, JUDGE.

         The former wife appeals a post-dissolution order requiring her to "provide her physical address in order to have any timesharing with the minor child." We reverse, concluding that the trial court abused its discretion by modifying the timesharing schedule as a sanction for the former wife's failure to provide her physical address.

         The parties were divorced in 2014 by way of a final judgment of dissolution of marriage. They have one minor child.

         In March 2016, the trial court entered an order modifying the final judgment. In light of the former wife's relocation to another state, the trial court adopted an out-of-state Parenting Plan and gave the former husband majority timesharing in Florida. The Parenting Plan required each parent "to provide a residential, mailing, or contact address" to the other parent, and to "notify the other parent in writing within 24 hours of any changes."

         The former husband later filed a motion to hold the former wife in contempt for her "failure to allow the child appropriate communication with the Former Husband as well as her failure to provide an address."

         In July 2016, the trial court granted the former husband's motion for contempt "insofar as the Former Wife shall provide her current address to the Clerk of Court."

         In May 2017, the former husband filed a motion for status of summer timesharing, alleging that the former wife had failed to provide her current address to the Clerk of Court and that the former husband had no idea where the child would be staying during the summer. The former husband thus argued that "[t]he child should not travel or go with the Former Wife without an address being disclosed where the child would be staying" and that "the Former Wife should be required to disclose her address to the Former Husband and the Clerk of Court."

         Following a hearing, [1] the trial court entered an order granting the former husband's motion for status of summer timesharing. The order states, in relevant part, that the former wife "shall provide her physical address in order to have any timesharing with the minor child." This appeal ensued.

         On appeal, the former wife argues that the trial court abused its discretion in denying her any timesharing with the minor child unless she divulges her current address to the former husband. The former wife admits that she did not give the former husband her current address as required by the July 2016 order. However, the former wife asserts that the trial court gave no consideration to the best interests of the minor child or to Florida's public policy that each minor child should have frequent and continuing contact with both parents.

         A trial court's ruling on a timesharing issue is reviewed for an abuse of discretion. Witt-Bahls v. Bahls, 193 So.3d 35, 38 (Fla. 4th DCA 2016). Discretion is abused "when the judicial action is arbitrary, fanciful, or unreasonable, " meaning that no reasonable person "would take the view adopted by the trial court." Canakaris v. Canakaris, 382 So.2d 1197, 1203 ...


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