Fourth DCA: Ruling Designating Keys Father Primary Residential Parent When Child Begins School Does Not Constitute Improper Prospective Relocation Order

Fourth DCA: Ruling Designating Keys Father Primary Residential Parent When Child Begins School Does Not Constitute Improper Prospective Relocation Order Krift v. Obenour, Case No. 4D13-1151 (Fla. 4th DCA, November 5, 2014) Bresky Law recently obtained a decision in our client’s favor in the Fourth DCA in a case regarding timesharing where the parties live greater...

Fourth DCA Reverses Order of Contempt

Parris v. Silveira and Parris Case No. 4D11-3006 Angelica Parris gave birth to a child while married to Joseph Parris. Angelica later filed for divorce, representing in her petition for dissolution that there were no minor children of the marriage. The trial court entered a final judgment of dissolution of marriage. Silveira later filed a paternity...

Tuition Tales on Trial

Fourth DCA: Trial Court Erred in Holding Mother in Contempt Without Finding of Ability to Comply With Order Harris v. Hampton Case No. 4D11-966 The Fourth District Court of Appeal wrote to address an appeal of a non-final order of contempt entered after a final order in a post-dissolution of marriage case. The trial court had...

Police Exceeded Scope of Consensual Search of Juvenile Defendant

A.L.T. v. State of Florida, 4D10 – 2278 June 8, 2011 The Fourth District wrote to address whether a police search exceeded the scope of the suspect’s consent. A.L.T., a child, was stopped by Officer Mandell of the Fort Lauderdale Police Department. He asked A.L.T. specifically if he could “search him for weapons or drugs.” A.L.T....

Extended Turkish Vacation: Fourth DCA Affirms Trial Court’s Exercise of “Home State” Jurisdiction to Make Custody Determination Despite Children’s Absence From Florida for Seven Months

Sarpel v. Eflanli, 4D09-4828 & 4D10-3146 June 1, 2011 The Fourth District recently addressed a trial court’s jurisdiction to make a custody ruling under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). The father had Turkish and American citizenship, and the mother was a Turkish citizen. The family members were longtime residents of Florida. On...