Opinion

Brown v. Brown

  • 388 So. 2d 623
  • 1980 Fla. App. LEXIS 17265
Court
District Court of Appeal of Florida
Filed
Sep 24, 1980
Status
Published
Author
Anstead
On the bench
Anstead, Beranek, Moore
Cited by
2 cases
Authority
More cited than 71.3%

The opinion

ANSTEAD, Judge.

In a final judgment of dissolution the wife was initially awarded custody of the parties’ minor children. Because the wife refused to comply with a subsequent court order directing her to bring herself and the children from New Jersey to Florida, the court ordered the custody of the children transferred to the husband. No hearing was conducted or findings made as to whether transfer of custody would be in the best interests of the children.

This court has previously recognized that a trial court has broad discretion to effect compliance with its orders. Gordon v. Gordon, 368 So.2d 1356 (Fla. 4th DCA 1979). However, before an order may be entered modifying the custody provisions of a final judgment or otherwise transferring custody, a determination must be made that a change in custody is in the best interests of the children. Baker v. Baker, 360 So.2d 19 (Fla. 4th DCA 1978). The transfer of custody of minor children should not be used as a means of punishing recalcitrant parties to dissolution proceedings. When a change in custody is sought nothing less than a showing that such change is required to serve the best interests of the child will justify granting such a change.

Accordingly, this cause is reversed and remanded with directions for further proceedings consistent herewith.

MOORE, J., concurs.

BERANEK, J., concurs with opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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