Amendment to the Florida Family Law Rules of Procedure

Summary

The Florida Supreme Court approves emergency amendments to Florida Family Law Rule of Procedure 12.610 concerning injunctions for protection against domestic and repeat violence. The amendments clarify hearing requirements, judicial rulings on safety-related issues, mediation procedures, and permissible case-management assistance by court staff. The amendments became effective immediately, with the accompanying commentary provided for explanation and guidance but not adopted as an official part of the rules.

Holdings

1. The court approved and adopted the proposed amendments to Florida Family Law Rule of Procedure 12.610, including the language agreed upon in the mediated agreement, effective immediately.
2. Court staff may assist with case management by separately interviewing the parties to identify and clarify their positions and presenting that information to the court with a proposed order, but the judge must remain actively and integrally involved in deciding the allegations and whether an injunction will issue.
3. Before referring parties to mediation, the court must determine whether domestic violence occurred or whether imminent danger of domestic violence exists and, if an injunction will issue, must rule on contact, residence, temporary custody, visitation, temporary child support, temporary spousal support, and other necessary protective relief.

Questions Presented

1. Whether Florida Family Law Rule of Procedure 12.610 should be amended on an emergency basis to establish statewide procedures for domestic- and repeat-violence injunction proceedings.
2. Whether court staff may assist with case management in domestic-violence injunction proceedings without usurping the judge's adjudicative responsibilities.
3. What safeguards must govern judicial findings, mediation, and relief in final domestic-violence injunction proceedings.

Disposition

approved