final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Lower
Tribunal No. 16-1705 Valerie Manno Schurr, Judge.
A. Hass, P.A., and Nancy A. Hass (Fort Lauderdale), for
Cynthia J. Dienstag, P.A., and Cynthia J. Dienstag, for
ROTHENBERG, C.J., and LAGOA and LOGUE, JJ.
Solomon (the "husband") appeals from a Final
Judgment of Dissolution of Marriage with Dependent or Minor
Children (the "Final Judgment"), and he raises
several arguments on appeal, only one of which warrants
discussion. Because the Final Judgment does not set forth
specific steps that the husband must take in order to obtain
unsupervised time sharing with his children, we reverse and
remand to the trial court for the limited purpose of setting
forth such steps, and otherwise affirm.
FACTUAL AND PROCEDURAL HISTORY
husband and Sofia Vasquez (the "wife") were married
on July 12, 2001. The husband and wife have two minor
children from the marriage. The wife filed a petition for
dissolution of marriage on January 25, 2016. With the filing
of the petition for dissolution, the wife also obtained a
temporary injunction for protection against domestic
violence, which prevented the husband from having contact
with the wife and the children. The husband filed a
counter-petition for dissolution of marriage.
April 19, 2016, the trial court entered an agreed order
appointing Jerome H. Poliacoff, Ph.D.
("Poliacoff"), to examine the parties and the
children and make recommendations pursuant to section 61.13,
Florida Statutes (2016). Poliacoff rendered his report on
July 11, 2016 (the "Poliacoff Report"). Poliacoff
recommended supervised visitation between the husband and the
children, which "should begin with a goal of ending in a
short time frame." Under a section entitled "Review
and Revision, " Poliacoff recommended that the plan be
reviewed every three months by a guardian ad litem with the
stated goal of increasing access time for the husband with
husband states that on July 13, 2016, the parties agreed to
extend the temporary injunction for a year and to amend the
temporary injunction to provide that the husband have
supervised time-sharing with the children in accordance with
the Poliacoff Report. On August 15, 2016, the trial court
entered an agreed order appointing Terilee Wunderman, Ph. D.,
as guardian ad litem for the children.
matter proceeded to trial on April 20, 2017. On May 3, 2017,
the trial court entered a Final Judgment, and attached to the
Final Judgment were the Poliacoff Report and a Guardian ad
Litem Status Report Update dated April 13, 2017 (the
"Guardian's Status Report"). The Guardian's
Status Report recommended that the husband continue with his
individual therapy and that "[u]nsupervised visits
between [the husband and the children] should be considered
as the next step in this family's healing process."
"5.C." of the Final Judgment, entitled
"Parenting Plan, " provides in relevant part:
The Court adopts the Evaluation of Jerome H. Poliacoff, PhD,
attached as Exhibit B, and the Guardian Ad Litem Status
Report Update dated April 13, 2017, attached as Exhibit C, as
the Parenting Plan to be followed by the parties at this
time. The Father's supervised time sharing shall continue
. . . . Terrilee Wunderman shall continue her role as
Guardian Ad Litem for the two minor children pursuant to
previous court order. Individual therapy for the Husband
shall continue . . . . The Wife and the children shall
participate in family therapy on an as needed basis.
18, 2017, the husband filed a Motion for Rehearing and/or
Reconsideration. On June 9, 2017, the trial court denied the
Motion for Rehearing ...