Cervieri v. Cervieri

The trial court’s attempt to quickly and efficiently resolve sensitive family issues ran afoul of basic procedural requirements: notice and an opportunity to be heard. These procedural requirements are essential in hearings where a trial court changes the custody of minor children. See Montemarano v. Montemarano, 792 So.2d 573 (Fla. 4th DCA 2001). For this reason, the trial court’s order is reversed.

In this case, the husband petitioned the trial court for a domestic violence injunction for protection against his wife. The petition alleged that the wife had been arrested after she physically…