JEFFREY JORDAN, PETITIONER,
v.
LISA JORDAN, RESPONDENT
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In this family law matter, the Fifth District Court of Appeal granted a petition for certiorari and quashed a trial court order requiring the husband to undergo a psychosexual examination in dissolution of marriage proceedings. The court found the order departed from essential legal requirements by failing to establish good cause and mental condition in controversy, and by being impermissibly broad in scope.
The trial court's order was improper and quashed. The court must establish both good cause and that the defendant's mental condition is in controversy before ordering a psychosexual examination. Additionally, any such order must specify the manner, conditions, scope, length, type of testing, and whether testing is limited to methods routine to the profession to avoid giving the examiner impermissible discretion.
[1] A psychosexual examination in dissolution of marriage proceedings requires a finding that the parent's mental condition is in controversy and that good cause for the exam…
[2] An order requiring a psychosexual examination is insufficient if it fails to specify the scope, conditions, or manner of the examination.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a psycho-sexual evaluation is essential to enable the Court to adequately direct the Father's contact with the children”
The trial court's stated rationale for ordering the examination
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Join FLexlaw to unlock all legal intelligenceJeffrey Jordan and Lisa Jordan were engaged in dissolution of marriage proceedings. The trial court ordered Jeffrey Jordan to submit to a psychosexual…
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Jeffrey Jordan (“Petitioner”) seeks cer-tiorari review of an order requiring him to submit to a psychosexual examination, which emanates from dissolution of marriage proceedings with Lisa Jordan (“Re*313spondent”). The trial court rendered the order concluding that “a psycho-sexual evaluation is essential to enable the Court to adequately direct the Father’s contact with the children.” We grant the petition for certiorari because the order under review departs from the essential requirements of the law, resulting in a miscarriage of justice.
Petitioner argues 'that good cause for the order was never established and that the trial court failed to make the finding that his mental condition was in controversy. The order does not address either requirement, and “[tjhis alone may be sufficient to overturn the trial court’s order.” Wade v. Wade, 124 So.3d 369, 375 (Fla. 3d DCA 2013). Without a transcript of the hearing, we are unable to determine from the record before us whether sufficient evidence was presented to support these two requirements.
We also believe that the scope of the order is too broad. The order requires that Petitioner undergo an examination without specifying what that entails in terms of, for example, “the length of the examination, the type of testing, or whether the testing is limited to ‘methods routine to the profession.’ ” Barry v. Barry, 159 So.3d 306, 308 (Fla. 5th DCA 2015) (quoting In re T.M.W., 553 So.2d 260, 261 (Fla. 1st DCA 1989)). As this court explained in Maddox v. Bullard, 141 So.3d 1264 (Fla. 5th DCA 2014):
The trial court’s order does not specify the manner, conditions, or scope of the examination, thereby, in effect, giving the psychologist “carte blanche” to perform any type, and all manner, of psychological inquiry, testing, and analysis on Maddox for up to four continuous hours. This violates clearly established principles of law, resulting in a miscarriage of justice.
Accordingly, we grant the petition and quash the order under review. We remand this case to the trial court for further proceedings. If Respondent persists in her request for an examination, a hearing should be held and appropriate findings of fact made in accordance . with this opinion. .
PETITION GRANTED; ORDER QUASHED; REMANDED.
SAWAYA, PALMER and LAMBERT, JJ., concur.
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Citator
Cited By
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Curtis v. Taylor Reinhardt O/B/O R.B.C., 243 So. 3d 451 (Fla. 5th DCA 2018)…nd all manner, of psychological inquiry, testing, and analysis," which "violates clearly established principles of law, resulting in a miscarriage of justice." Maddox v. Bullard, 141 So. 3d 1264, 1266 (Fla. 5th DCA 2014) ; see also Jordan v. Jordan, 187 So. 3d 312, 313 (Fla. 5th DCA 2016) (holding order for psychosexual evaluation was overbroad when it did not specify what examination would entail, such as "the length of the examination, the type of testing, or whether the testing is limited to 'methods routi…
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Curtis v. Reinhardt (Fla. 5th DCA 2018)…of psychological inquiry, ---PAGE 3--- testing, and analysis," which "violates clearly established principles of law, resulting in a miscarriage of justice." Maddox v. Bullard, 141 So. 3d 1264, 1266 (Fla. 5th DCA 2014); see also Jordan v. Jordan, 187 So. 3d 312, 313 (Fla. 5th DCA 2016) (holding order for psychosexual evaluation was overbroad when it did not specify what examination would entail, such as "the length of the examination, the type of testing, or whether the testing is limited to 'methods routi…
Authorities Cited
- S.L. Wade v. D.T. Wade, 124 So. 3d 369 (Fla. 3d DCA 2013)
- In the Interest of T.M.W., 553 So. 2d 260 (Fla. 1st DCA 1989)
- Maddox v. Bullard, 141 So. 3d 1264 (Fla. 5th DCA 2014)
- Barry v. Shae L. Barry, 159 So. 3d 306 (Fla. 5th DCA 2015)