MONICA MEDINA, PETITIONER,
v.
AARON HADDAD, RESPONDENT

Fla. 3d DCA | 2016-08-31
No. 3D15-2280
Before SUAREZ, C.J., and ROTHENBERG and EMAS, JJ.
199 So. 3d 450 Florida District Court of Appeal, Third District (2016) Positive Treatment
Cited by 2 cases

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Synopsis

A Florida appellate court quashed a trial court order requiring a minor child to undergo a therapeutic consultation, holding that despite the trial court's limiting language, the order effectively constituted a compulsory psychological evaluation that violated procedural rules requiring the child's mental condition to be in controversy and good cause to exist.


Holding

The trial court's order must be quashed because it effectively orders a compulsory psychological evaluation despite the limiting language used. The respondent failed to establish both that the child's mental condition was in controversy and that good cause existed for the compulsory evaluation, as required by the applicable rules.


Headnotes

[1] A compulsory psychological evaluation of a minor child requires a showing that the child's mental condition is "in controversy" and that "good cause" exists for the exami…

[2] A trial court order compelling a "therapeutic consultation" for a minor child may be quashed if it effectively constitutes a compulsory psychological evaluation without m…

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Key Quotes

“We find that despite the trial court's attempt at limiting language, i.e., referring to the consultation not as a psychological evaluation but as a 'therapeutic consultation,' what is really being ordered is a compulsory psychological evaluation of the child.”

Establishes that courts will look through formal characterizations to the substance of orders when determining applicability of procedural rules.

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Facts & Procedural History

The parties are separated parents of a minor child involved in a paternity action. In June 2015, the respondent father filed a motion to compel indivi…

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Opinion of the Court
SUAREZ, C.J.

SUAREZ, C.J.

This Petition for Certiorari arises out of an order by the trial court requiring a “therapeutic evaluation” of the parties’ minor child. For the reasons stated below, we grant the Petition and quash the trial court’s order.

The parties are the parents of a minor child; the parties separated in 2012. In the underlying paternity action, the parties entered into an Agreed Order on Temporary Timesharing in , 2014. In June 2015 Respondent filed a Motion to Compel Individual Therapy for the Minor Child and Other Relief, to which Petitioner objected. At the evidentiary hearing on the motion, the Respondent claimed the child was suffering from stress due to the ongoing acrimonious litigation between the parties. The Respondent claimed his motion was a request for the child to be seen by a therapist solely for a consultation to see if therapy was necessary to help the child cope with the stress. It appears undisputed that the child had participated in therapy for some limited periods in the past. It is also undisputed that the child’s psychological health is not an issue in the litigation. At the hearing on the motion, the trial court stated that it was inclined to allow Respondent to “have the child evaluated” “to determine whether the child has the need for any psychotherapy due to any stresses that may have been caused by this litigation.” Eventually, the trial court granted the motion and entered an order requiring a “therapeutic consultation” for the child. The Order states in part:

The minor child shall have an initial therapeutic consultation ... to determine whether or not the child is in need of further psychological therapy due to any stresses that may have been caused by the pending litigation....
[The doctor] will meet with both parents and then meet with the child, alone. At the end of her consultation [the doctor] will inform both parents whether or not there is a need for additional psychological therapy for the minor child....
So that there is no misunderstanding, this Court is not ordering a psychological evaluation of the minor child, nor has the father requested a psychological evaluation of the minor child.

Petitioner seeks a writ of certiorari to quash that order.

We grant the petition and quash the trial court’s order. We find that despite the trial court’s attempt at limiting language, i.e,, referring to the consultation not as a psychological evaluation but as a “therapeutic consultation,” what is really being ordered is a compulsory psychological evaluation of the child. As such, the petitioner was required to comply with Florida Rules of Civil Procedure 1.360 and Family Law Rule 12.360 and was required to prove that the child’s mental condition was “in controversy” in the litigation, and that “good cause” existed for the compulsory psychological evaluation. Wade v. Wade, 124 So.3d 369, 374-76 (Fla. 3d DCA 2013). Petitioner is not at)le to establish either. First, it was stipulated that , the child’s mental health is not in controversy in the litigation between the parties and second, we find that the Petitioner failed to establish “good cause” to require the compulsory exam. Therefore, we grant *452the Petition for a writ of Certiorari and quash the trial court’s order below.


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Citator

Cited By

  • Delgado v. Miller, 264 So. 3d 1040 (Fla. 3d DCA 2019)
    …s. Generally, a party requesting that another party submit to a psychological examination must comply with the requirements set forth in Florida Rule of Civil Procedure 1.360 and Florida Family Law Rule of Procedure 12.360. See Medina v. Haddad, 199 So. 3d 450 (Fla. 3d DCA 2016); Wade v. Wade, 124 So. 3d 369 (Fla. 3d DCA 2013). These rules require that the condition subject to examination 2 be “in controversy” and that the party submitting the request have “good cause” for the examination. Fla. R. C…

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