BARBARA JANE WALKER-SEAMAN, F/K/A BARBARA JANE WALKER-GARWOOD, APPELLANT,
v.
THOMAS CHASON GARWOOD, JR., APPELLEE
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Mother Barbara Walker-Seaman appealed from a modification order transferring primary custody of the parties' three minor children from her to their father, based on a finding of substantial change in circumstances. The appellate court affirmed, despite concerns about the trial judge's in camera interview with the children that was not recorded or transcribed, finding it could not second-guess the trial court's broad discretion in custody matters.
The court affirmed the trial judge's modification order, holding that while the unrecorded in camera interview with the children raised procedural concerns, the appellate court could not properly review the decision without access to this crucial testimony, and the trial court's broad discretion in custody matters combined with the presumption of correctness required affirmance.
[1] A trial court's modification of a final judgment of dissolution regarding child custody requires a finding of a substantial change in circumstances.
[2] An in camera interview of minor children by a trial judge in child custody modification proceedings, when conducted by stipulation of the parties without a court reporter…
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Join FLexlaw to unlock all legal intelligence“We are always reluctant to interfere with the broad discretion of a trial court in child custody matters”
Establishes the high bar for appellate review of custody decisions and deference to trial judges.
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Join FLexlaw to unlock all legal intelligenceBarbara Walker-Seaman and Thomas Garwood, Jr. had been divorced with the mother holding primary residential custody of their three minor children. The…
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FRANK D. UPCHURCH, Jr., Judge.
Barbara Walker-Seaman appeals from an order modifying a final judgment of dissolution changing custody of the parties’ three minor children from the mother to the father, Thomas Garwood, Jr. The court found that there had been a substantial change in circumstances and a resultant change in the needs of the minor children and therefore it was necessary and appropriate that the primary residential custody be awarded to Garwood.
The substantial and material change in circumstances is not apparent from the record. Pursuant to stipulation of the parties, the interview of the children had been conducted by the trial judge in camera; the parties, counsel, and the court reporter were not present. We and the parties may only speculate as to what the children related to the trial judge. Since they are the only witnesses other than the parties and their respective spouses as to the true conditions within the homes of their parents, their observations and preferences are of great interest to the trial judge. Should this unrecorded testimony be revealing to the trial judge in the face of the conflicting testimony of the parties, it could easily and understandably be persuasive in the court’s decision.
We can appreciate the reasons why the parties may elect to follow this procedure. Tactically it may be very effective because a parent is giving a child the opportunity to speak with candor and in confidence; however, the candid admissions of an articulate child can be especially damaging if adverse to the hopes of one parent.
We are always reluctant to interfere with the broad discretion of a trial court in child custody matters, Kershner v. Crocker, 400 So. 2d 126 (Fla. 5th DCA 1981), but in instances such as this where some of the most compelling testimony is received, by stipulation of the parties, behind closed doors, we are, for almost all purposes, prevented from concluding that the trial court had no basis for its decision. The absence of this crucial part of the trial, coupled with the presumption of correctness of rulings of the trial court, dictate an affirmance. See Wright v. Wright, 431 So. 2d 177 (Fla. 5th DCA 1983).
AFFIRMED.
COBB, C.J., and COWART, J., concur.
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Maner Props., Inc. v. Siksay, 489 So. 2d 842 (Fla. 4th DCA 1986)…action. Although given the opportunity to supplement the record, appellants did not include in the supplemental material a transcript of the hearing at which this issue was tried, and we therefore affirm on that basis. See Walker-Seaman v. Garwood, 456 So. 2d 1331 (Fla. 5th DCA 1984); Southern American Fire Insurance Co. v. I.B.H. Liquor Cory., 242 So. 2d 731 (Fla. 3d DCA 1971); Greene v. Hoiriis, 103 So. 2d 226 (Fla. 3d DCA 1958). The trial court’s determination on the issue of numerosity is buttressed by ev…
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Hickey v. Burlinson, 33 So. 3d 827 (Fla. 5th DCA 2010)…the parties or counsel present. The record suggested that the trial court relied primarily on its unreported in [*830] camera interview with the child, rather than record evidence, in terminating visitation. Distinguishing Walker-Seaman v. Garwood, 456 So. 2d 1331 (Fla. 5th DCA 1984), the court concluded this was error because the parties did not stipulate to the interview and objected to the absence of counsel or a court reporter and to the trial court’s refusal to provide a recap of the interview. In Nowak,…
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Brantley v. Whittenton, 549 So. 2d 1049 (Fla. 5th DCA 1989)…PER CURIAM. AFFIRMED. Cf. Walker-Seaman v. Garwood, 456 So. 2d 1331 (Fla. 5th DCA 1984). DAUKSCH, COBB and COWART, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wright v. Huretta Moss Wright, 431 So. 2d 177 (Fla. 5th DCA 1983)
- In re the Marriage of Betty J. Kershner v. Crocker, 400 So. 2d 126 (Fla. 5th DCA 1981)