RAUSHANAH N. NAJEEULLAH, APPELLANT,
v.
EMILIANO PERAZA, APPELLEE
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In a postjudgment dissolution proceeding, the court reversed a circuit court order holding the former wife in indirect criminal contempt insofar as it prohibited all contact with her minor child as a sanction. The court held that changing a child custody arrangement is an improper sanction for criminal contempt when the party lacks notice and there is no finding that the change serves the child's best interests.
A change to a child custody arrangement is an improper sanction for criminal contempt under the circumstances presented. The indirect criminal contempt order prohibiting all contact with the child was reversed because the former wife lacked notice that custody could be altered and the record contained no finding that the change was in the child's best interests.
[1] A change to a child custody arrangement is an improper sanction for criminal contempt when the party is not provided notice that the contempt proceedings could result in…
[2] A change to a child custody arrangement as a sanction for criminal contempt is improper when the record lacks a finding that the change is in the best interests of the ch…
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Join FLexlaw to unlock all legal intelligence“We agree and hold that a change to a child custody arrangement is an improper sanction for criminal contempt under the circumstances presented by this case.”
Establishes the core holding that custody changes cannot be used as contempt sanctions without proper notice and best-interests findings.
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Join FLexlaw to unlock all legal intelligenceThe former husband moved to hold the former wife in contempt for failing to comply with prior court orders. Following a hearing, the circuit court fou…
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In this postjudgment dissolution proceeding, Raushanah N. Najeeullah, the former wife, challenges two circuit court orders: (1) the February 20, 2014, order holding her in indirect criminal contempt and prohibiting contact with her child until she complies with prior court orders; and (2) the March 5, 2014, order denying her motion to set aside judgment. We reverse *279the indirect criminal contempt order insofar as it prohibits Najeeullah from contacting her child. We otherwise affirm without comment.
Upon motion by the appellee, the former husband, the court issued an order to show cause why Najeeullah should not be held in contempt for failing to comply with a number of court orders. Following a hearing, Najeeullah was held in indirect criminal contempt. As a sanction, the court ordered that she was to have “no further contact with the minor child whatsoever until such time that she brings herself in compliance with this court[’]s orders.” Neither the appellee’s motion nor the order to show cause had informed Najeeullah that the custody arrangement could be altered as a sanction for contempt. On appeal, Najeeullah contends that she did not have notice that the custody arrangement could be altered as a sanction in the criminal contempt proceedings and that there was no finding that the change in the custody arrangement was in the best interests of the child.
We agree and hold that a change to a child custody arrangement is an improper sanction for criminal contempt under the circumstances presented by this case. This court has consistently held that changing a child custody arrangement is an inappropriate sanction for civil contempt. See LaLoggia-VonHegel v. VonHegel, 732 So.2d 1131, 1133 (Fla. 2d DCA 1999); see also Hunter v. Hunter, 65 So.3d 1213, 1214-15 (Fla. 2d DCA 2011); Burckle v. Burckle, 915 So.2d 747, 749 (Fla. 2d DCA 2005); Pelliccia v. Arce, 867 So.2d 619, 620 (Fla. 2d DCA 2004). Two of the reasons this court has expressed for invalidating such a sanction in civil contempt orders apply equally to the criminal eon-tempt order at issue here.1 First, Na-jeeullah was not provided notice that the contempt proceedings could result in a change to the custody arrangement. See Pelliccia, 867 So.2d at 620 (“[D]ue process concerns were implicated when a party was not properly put on notice that a change of custody was being sought.”). Second, the record before this court does not contain a finding that the change in custody was in the best interests of the child. See Burckle, 915 So.2d at 749 (reversing the change of custody as a sanction for contempt in part because “the trial court did not evaluate the factors affecting the welfare and interests of the child ... and it did not make a determination of the child’s best interests”).
For these reasons, we reverse the indirect criminal contempt order insofar as it prohibits Najeeullah from having contact with her minor child. The orders on appeal are otherwise affirmed.
Reversed in part and affirmed in part.
NORTHCUTT and LaROSE, JJ., Concur.
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J. G. J. v. J. H. (Fla. 2d DCA 2021)…e parenting plan without proper cause, the court . . . [m]ay, upon the request of the parent who did not violate the time-sharing schedule, modify the parenting plan if modification is in the best interests of the child."); cf. Nejeeullah v. Peraza, 159 So. 3d 278, 279 (Fla. 2d DCA 2015) (reversing contempt order where "the record before this court does not contain a finding that the change in custody was in the best interests of the child"); Hunter v. Hunter, 65 So. 3d 1213, 1214-15 (Fla. 2d DCA 2011) (notin…
Authorities Cited
- Laloggia-Vonhegel v. Vonhegel, 732 So. 2d 1131 (Fla. 2d DCA 1999)
- Burckle v. Burckle, 915 So. 2d 747 (Fla. 2d DCA 2005)
- Leonard v. State, 867 So. 2d 619 (Fla. 2d DCA 2004)
- Pelliccia v. Arce, 867 So. 2d 619 (Fla. 2d DCA 2004)
- Napoleon Hunter, Jr. v. Latrailya Hunter, 65 So. 3d 1213 (Fla. 2d DCA 2011)