final until disposition of timely filed motion for rehearing.
of Certiorari to the Circuit Court for Miami-Dade County,
Lower Tribunal No. 16-25108 Rosa C. Figarola, Judge.
at Law, P.A., and Carla P. Lowry (Fort Lauderdale), for
Nikezic (Fort Lauderdale), for respondent.
ROTHENBERG, C.J., and EMAS and LUCK, JJ.
Bajcar ("the father") petitions for a writ of
certiorari,  seeking relief from the trial court's
writ of bodily attachment, issued against the father,
directing that he be taken into custody for his failure to
comply with previous orders of the trial court. Because the
trial court failed to comply with the procedural requirements
for indirect criminal contempt proceedings, depriving the
father of the constitutional due process protections to which
he is entitled, we grant the petition and quash the writ of
AND PROCEDURAL HISTORY
father, a Polish citizen, married Monika Klaudia Bajcar
("the mother"), also a Polish citizen, in Poland.
The mother and father have a minor child, who is also a
Polish citizen, and are currently embroiled in a divorce and
child custody dispute in Poland.
December 2013, the mother brought the child to Miami on a
visitor visa. The father claims that the mother absconded
from Poland with the child; nevertheless, on March 4, 2016,
the Polish court entered a custody order, acknowledging the
child's then-current residence in the United States, and
granting visitation with the father for two weekends per
month, in addition to Christmas Break and one month of summer
vacation (June 15 to July 15). The Polish court order also
expressly permitted the father to bring the child back to
Poland for Christmas Break and summer vacation, with the
proviso that he return the child to the child's home in
the United States.
August 3rd Order
the mother allegedly refused the father his visitation
rights, the father filed a petition in Miami-Dade Circuit
Court to register and enforce the Polish order as written.
The mother agreed that the Polish order should be recognized,
but asserted that the Florida court could modify the terms of
the order. The trial court referred the matter to a general
magistrate, who specifically determined: "There is no
basis for the Florida courts to modify the Polish court
decrees on the issue of visitation between the father and the
minor child. The Florida courts must enforce the Polish
decrees." The trial court approved and ratified the
general magistrate's recommendation on July 31, 2017. On
August 3, 2017, the court granted the father's motion for
makeup time sharing, allowing him to exercise his time
sharing between August 3 and August 17.