Fort Lauderdale Divorce Lawyer Blog
Guardian ad Litem often plays an important role in high-conflict family law disputes by providing independent recommendations concerning a child’s best interests. Although trial courts have broad discretion to appoint a Guardian ad Litem when necessary, they must also carefully consider how the costs of that appointment will be allocated between the parties. A recent ruling by a Florida court demonstrates that a court cannot simply require one parent to bear the full financial burden without making the findings required by law. If you are involved in a custody, timesharing, or relocation dispute, consulting a Miami family law attorney can help ensure your financial and parental rights are protected throughout the litigation process.
Facts and Procedural History
Allegedly, the parties divorced several years before the dispute giving rise to the appeal. After the dissolution judgment, the mother sought a temporary suspension of the father’s timesharing with the parties’ minor children based on concerns affecting the children’s welfare. Following multiple evidentiary hearings, the trial court concluded that immediate reinstatement of timesharing was not in the children’s best interests, but ordered the parties to participate in reunification therapy to gradually rebuild the parent-child relationship.
It is alleged that the mother later sought permission to temporarily relocate to Massachusetts with the children after receiving a job opportunity. She asserted that the request was prompted in part by the father’s failure to satisfy child support obligations and other court-ordered financial responsibilities. After considering the statutory relocation factors, the trial court determined that temporary relocation served the children’s best interests, provided that reunification therapy continued and additional oversight was implemented.
Reportedly, the trial court appointed a Guardian ad Litem to monitor the family’s progress and ordered the mother to pay 100% of the Guardian ad Litem’s fees, reserving jurisdiction to reallocate those costs later. The order, however, did not include any findings regarding the mother’s financial ability to bear those expenses.
It is reported that the mother sought rehearing, arguing both that the court improperly granted relief not requested and that it erred in assigning all Guardian ad Litem fees to her without making the findings required under Florida law. When the trial court did not grant relief, she appealed.
Allocating Guardian ad Litem Costs
On appeal, the court examined two issues. First, it considered whether the trial court improperly reinstated the father’s communication and timesharing without adequate notice. The court concluded that no due process violation occurred because the order merely required the parties to resume reunification therapy rather than restoring unrestricted timesharing. Because the trial court’s order was consistent with its prior findings regarding the children’s best interests, the appellate court affirmed that portion of the order.
The court reached a different conclusion regarding the allocation of Guardian ad Litem fees. Florida law requires trial courts to consider a party’s financial resources before imposing litigation costs in family law proceedings, and Guardian ad Litem fees are treated as litigation costs subject to those statutory requirements.
The court explained that meaningful appellate review is impossible when a trial court orders one party to pay Guardian ad Litem fees without making express findings concerning that party’s ability to pay. Although courts may occasionally need to appoint a Guardian ad Litem on an emergency basis before conducting a complete financial analysis, the record must either contain findings demonstrating that the court considered the existing financial evidence or clearly reflect that allocation of responsibility has been deferred until those findings can be made.
Because the trial court ordered the mother to bear the entire cost of the Guardian ad Litem without making any findings regarding her financial circumstances, the appellate court concluded that the order could not stand. The court therefore affirmed the reunification aspects of the order. Still, it reversed the fee allocation and remanded the case so the trial court could determine the mother’s ability to pay before assigning financial responsibility.
Meet with an Experienced Miami Child Custody Attorney
If you are facing a contested custody matter or believe a court has entered an order that improperly affects your rights, it is in your best interest to meet with an attorney. The experienced Miami child custody attorneys at Sandy T. Fox, P.A., possess the skills and experience needed to help you seek a just outcome. Contact the firm through our online form or call 786-453-0794 to schedule a consultation.