Russenberger v. Russenberger

Summary

The Florida Supreme Court held that a trial court ordering psychological examinations of minor children under Florida Rule of Civil Procedure 1.360 must determine that the children's mental condition is in controversy and that good cause exists. The court also recognized that section 61.20, Florida Statutes, independently authorizes a psychological evaluation as part of a court-ordered social investigation without requiring compliance with Rule 1.360. The court approved the First District Court of Appeal's decision invalidating the trial court's order.

Holdings

1. When a party files a motion under Florida Rule of Civil Procedure 1.360 to compel psychological examinations of minor children, the trial court must comply with the rule's requirements, including determining that the condition to be examined is in controversy and that good cause exists for the examinations.
2. A trial judge has discretion under section 61.20, Florida Statutes, to order a psychological evaluation of a child as part of a court-ordered social investigation in a custody proceeding, and need not comply with the requirements of Rule 1.360 when proceeding under that statutory authority.
3. A trial court may not evade the requirements governing a motion for psychological examination by delegating its decisional authority to a parent.

Questions Presented

1. Whether a trial court ruling on a motion under Florida Rule of Civil Procedure 1.360 to compel psychological examinations of minor children must determine that the condition to be examined is in controversy and that good cause exists.
2. Whether a trial court may order a psychological evaluation of a child under section 61.20, Florida Statutes, as part of a court-ordered social investigation without complying with Rule 1.360.
3. Whether the trial court improperly delegated its decisional authority concerning the children's psychological examinations to the former husband.

Disposition

approved