EMILY E. DICKSON N/K/A EMILY E. DIAL, APPELLANT,
v.
DONALD M. DICKSON, APPELLEE
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A mother appealed a post-judgment order modifying the timesharing schedule and designating the child's school after she relocated to a different county and unilaterally re-enrolled the child. The court reversed, holding that while the mother's relocation did not technically violate the statute, she violated the shared parental responsibility provision by making a unilateral educational decision without court approval, and the trial court abused its discretion by modifying timesharing without evidence supporting the child's best interests.
The mother's move did not violate the relocation statute because it was less than 50 miles under the straight-line measurement. However, she violated the shared parental responsibility provision by unilaterally making an educational decision without court approval when the parties could not agree. The trial court abused its discretion by modifying timesharing without evidence demonstrating the modification was in the child's best interests.
[1] A relocation is defined as a change in the principal residence of a parent by at least 50 miles from the prior residence, measured in a straight line, unless a statute or…
[2] In the absence of a statutory or contractual provision to the contrary, the distance for relocation purposes is measured by the straight-line or "as the crow flies" metho…
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Join FLexlaw to unlock all legal intelligence“Because the parties here were unable to agree on the minor child's school, the mother was required to obtain court-approval before unilaterally un-enrolling the minor child from his former school and enrolling him in a different school.”
Establishes that shared parental responsibility requires court approval when parents cannot agree on educational decisions
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Join FLexlaw to unlock all legal intelligenceThe parties divorced in 2011 with a timesharing agreement giving the mother primary residence and shared parental responsibility on major decisions in…
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The mother, Emily E. Dickson n/k/a Emily E. Dial, appeals a post-judgment order designating the school of the parties’ minor child and placing him in the care of the father, Donald M. Dickson, on school nights. We reverse and remand for further proceedings.1
The parties were married in 2003. At the time of their divorce in Lake County in 2011, they had one minor child. The final judgment of dissolution incorporated the parties’ marital settlement agreement, which included a timesharing schedule providing that the minor child would primarily reside with the mother, but would stay with the father Wednesday nights and alternating weekends. The final judgment did not prohibit relocation or include a school designation for the minor child. *289However, it gave the parties shared parental responsibility on major decisions, including medical, religious and educational matters affecting the minor child’s welfare.
After the divorce, the parties continued to live in Lake County, and the minor child was enrolled in a school located in a school district zoned for both parties’ residences. In 2014, the mother informed the father that she was planning to move from Lake County with the minor child to reside with her soon-to-be husband. The father objected to the move. Notwithstanding, the mother moved from Lake County and enrolled the minor child in a new school in a different county. In response, the father filed an emergency motion to require the minor child to be re-enrolled in his former school. After an expedited hearing, the trial court determined that the mother violated the marital settlement agreement by relocating and unilaterally un-enrolling the minor child from his former school and enrolling him in a different school. The court also ruled that it was in the minor child’s best interests to be re-enrolled in his former school and to modify the time-sharing schedule to grant the father school nights so that the child would not have to spend a large amount of time traveling between the two counties to attend school in Lake County.
A trial court’s order modifying a parenting plan and timesharing schedule is reviewed for an abuse of discretion. See Wade v. Hirschman, 903 So.2d 928, 935 (Fla.2005). The trial court has far less authority and discretion to modify timesharing than to make the initial timesharing determination. Mesibov v. Mesibov, 16 So.3d 890, 891 (Fla. 5th DCA 2009) (citing Cooper v. Gress, 854 So.2d 262, 265 (Fla. 1st DCA 2003)).
The mother’s move did not violate the marital settlement agreement or the relocation statute. While the time-sharing schedule largely met the requirements of section 61.13(2)(b), Florida Statutes (2011), it did not include a school designation, and the marital settlement agreement does not expressly prohibit a move. Further, section 61.13001(e) defines “Relocation” as “a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing. ... The change of location must be at least 50 miles from that residence.” In Tucker v. Liebknecht, 86 So.3d 1240, 1242 (Fla. 5th DCA 2012), this Court concluded that, in the absence of a statutory or contractual provision to the contrary, the proper method to measure the distance between two points is the straight-line or “as the crow flies” measure. Here, the parties agree that the mother moved forty-nine miles “as the crow flies,” using the straight-line test. Hence, the mother was not required to file a petition to relocate pursuant to section 61.13001 before she relocated to a different county forty-nine miles away.
However, the dissolution final judgment gave the parties shared parental responsibility on major decisions, including educational matters. Under the principle of shared parental responsibility, major decisions affecting the welfare of a child are to be made after the parents confer and reach an agreement. See § 61.046(17), Fla. Stat. (2014). In the event that the parents reach an impasse, the dispute should be presented to the court for resolution. Gerencser v. Mills, 4 So.3d 22, 23 (Fla. 5th DCA 2009); Sotnick v. Sotnick, 650 So.2d 157, 160 (Fla. 3d DCA 1995); Tamari v. Turko-Tamari, 599 So.2d 680, 681 (Fla. 3d DCA 1992). Because the parties here were unable to agree on the minor child’s school, the mother was required to obtain court- ap*290proval before unilaterally un-enrolling the minor child from his former school and enrolling him in a different school. In such a circumstance, the court must resolve the impasse by determining the best interests of the child. § 61.13(2)(c),(3), Fla. Stat. (2014).2
In this case, the trial court abused its discretion by modifying the timesharing agreement without evidence that the welfare of the minor child would be promoted by returning him to his former school in Lake County and changing the timesharing arrangement to have the father assume the primary timesharing responsibilities.3 See § 61.13(3), Fla. Stat. (2014); Holland v. Holland, 140 So.3d 1155 (Fla. 1st DCA 2014); Dobbins v. Dobbins, 584 So.2d 1113, 1116 (Fla. 1st DCA 1991). Accordingly, we reverse and remand for a new hearing. On remand, the court shall take evidence and use the best interests of the child standard to determine if modification is in the child’s best interests in light of the parties’ inability to agree which school the minor child will attend. See, e.g., Watt v. Watt, 966 So.2d 455 (Fla. 4th DCA 2007) (holding that parties’ inability to agree on which private high school child would attend constituted substantial change in circumstances warranting modification of parenting plan). Once that determination is made, the trial court may adjust the time sharing schedule to accommodate the minor child’s school schedule.
REVERSED AND REMANDED.
LAWSON, C.J. and TORPY, J., concur.
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D.M.J. v. A.J.T., 190 So. 3d 1129 (Fla. 2d DCA 2016)…nce she became of school age. Where the final judgment reserves jurisdiction to determine school enrollment and the parties are unable to agree on the minor child’s school, they are required to obtain a court order on the issue. Dickson v. Dickson, 169 So. 3d 287, 289-90 (Fla. 5th DCA 2015). “In such a circumstance, the court must resolve the impasse by determining the .best interests of the child.” Id. (citing § 61.13(2)(c), (3), Fla. Stat. (2014)). The child’s best interests may warrant modification of tim…
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Hassenplug v. Hassenplug, 346 So. 3d 149 (Fla. 2d DCA 2022)…e on the minor child's school, they are required to obtain a court order on the issue. 'In such a circumstance, the court must resolve the impasse by determining the best interests of the child.' " (first citing and then quoting Dickson v. Dickson, 169 So. 3d 287, 289–90 (Fla. 5th DCA 2015))); e.g., Otto-Jones v. Jones, 69 So. 3d 986, 987 (Fla. 2d DCA 2011) (reversing an order requiring the parties' child to spend half the school year in private school and half in public school because "there was no evidenc…
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Lane v. Lane, 254 So. 3d 570 (Fla. 3d DCA 2018)…e parents share parental responsibility but cannot reach agreement on a major decision affecting the welfare of their child, such as one concerning education, the dispute should be presented to the trial court for resolution. Dickson v. Dickson, 169 So. 3d 287, 289 (Fla. 5th DCA 2015). The trial court must resolve the impasse by determining the best interest of the child. Id. at 290; Gerencser v. Mills, 4 So. 3d 22, 23-24 (Fla. 5th DCA 2009); Sotnick v. Sotnick, 650 So. 2d 157, 159-60 (Fla. 3d DCA 199…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (20 total)
- Wade v. Hirschman, 903 So. 2d 928 (Fla. 2005)
- Cooper v. Gress, 854 So. 2d 262 (Fla. 1st DCA 2003)
- N.C. v. Anderson, 882 So. 2d 990 (Fla. 2004)
- Dobbins v. Dobbins, 584 So. 2d 1113 (Fla. 1st DCA 1991)
- Landingham v. Landingham, 685 So. 2d 946 (Fla. 1st DCA 1996)
- Gaylen Lee Reddick v. Reddick, 728 So. 2d 374 (Fla. 5th DCA 1999)
- Sotnick v. Sotnick, 650 So. 2d 157 (Fla. 3d DCA 1995)
- Daughtrey v. Daughtrey, 944 So. 2d 1145 (Fla. 2d DCA 2006)
- Doram Tamari v. Turko-Tamari, 599 So. 2d 680 (Fla. 3d DCA 1992)
- Global Xtreme, Inc. v. Advanced Aircraft Ctr., Inc., 122 So. 3d 487 (Fla. 3d DCA 2013)