While courts typically conducted family law hearings in person prior to 2020, since the COVID-19 pandemic, many proceedings have been held via video-teleconferencing. Regardless of whether hearings are conducted in person or over the internet, parties impacted by such hearings have certain rights, and if the court violates their rights, any rulings issued during the proceeding may be reversed. This was demonstrated recently in a Florida opinion issued in a divorce case in which the court ruled that the trial court infringed on the wife’s due process rights by ruling on matters in her absence. If you or your spouse wish to end your marriage, it is important to understand your rights and obligations, and you should talk to a Miami divorce attorney promptly.
Facts of the Case
It is reported that the husband and wife married in 2002 and had two minor children. They subsequently divorced, and in 2016, the trial court entered a final judgment dissolving their marriage. The trial court also appointed a parenting coordinator and guardian ad litem to help resolve other issues. The parties later filed multiple post-dissolution motions, seeking enforcement of the final judgment, contempt, and psychological evaluations.
Allegedly, the court scheduled a hearing for June 2021 to address certain financial issues. The court conducted the hearing over Zoom and, prior to commencing, confirmed it would only cover the issues previously indicated. The trial court stated it was going to order the wife to pay her share of the children’s tuition, after which she logged off. She logged back on ten minutes later, only to log off again when the court restated its intent. The court later ordered the wife to pay the husband the cost of the parenting coordinator’s fees in the wife’s absence. The wife appealed. Continue reading ›