Florida Court Addresses The Assessment Of Fines During A Florida Family Law Case

The Florida courts take their judgments quite seriously, especially when it comes to ensuring children’s best interests. One parent cannot unilaterally decide to obstruct a timesharing agreement that is already in place. If one parent refuses to make the children available to the other parent during their allotted time, that parent can be fined and held in contempt. That’s precisely what happened in the case of Lett v. Lett, 2025 WL 5D2024-1416 (Fla. 5th DCA Apr. 4, 2025). In this article, the Orlando child custody lawyers at Greater Orlando Family law will discuss the case and how it played out.

Background of the case 

In this case, the former wife was divorced from the former husband, and their final judgment of dissolution included a parenting plan establishing 50/50 timesharing of their three children. Over several years, the former husband repeatedly filed motions for contempt against the former wife, alleging that she consistently interfered with his timesharing rights to see his children.

The trial court had indeed found the former wife in willful contempt for repeatedly ignoring the parenting plan and interfering with her former husband’s access to his children. As relief, the court ordered make-up timesharing for the former husband. The court also required the former wife to pay for her former husband’s attorney fees up to $19,693.46. In addition, the court went further and included an unrequested, pre-emptive fine of $25 per day for any future missed timesharing by the former wife. The former wife appealed.

The appeal 

The Fifth District Court of Appeal reviewed the case. It affirmed the contempt finding against the former wife, as well as the awards of make-up timesharing and attorney fees, which were properly requested and supported. On the other hand, it reversed the imposition of a $25 per day fine. In this case, the appellate court emphasized that due process requires that relief not be granted unless it was actually requested and properly adjudicated during a hearing. Since the former husband did not request the fine, and the court imposed it sua sponte, the appellate court found that the assessment was invalid and thus overturned it.

Key takeaways from this case 

Courts can fine a party for future non-compliance, but the petitioner must properly request it and subject it to due process. Pre-emptive fines that are imposed without notice or argument by a requesting party are at risk of being overturned. In this case, the appellate court reaffirmed the importance of procedural fairness, especially when sanctions impact parental rights.

Talk to an Orlando, FL, Divorce Lawyer Today 

The Orlando divorce attorneys at Greater Orlando Family Law represent the interests of parents during child custody hearings. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps today.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/117123809.html