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40 verbatim requirements from document (unlisted) [unlisted] Handout2-12-10.
20th Judicial Circuit. Procedural information only; not legal advice.
Verbatim from https://www.ca.cjis20.org/pdf/judge/Handout2-12-10.pdf, harvested 2026-07-25; whitespace normalised only. • The psychotherapist must raise the privilege if questioned about confidential communications with a patient in a deposition, hearing or trial and cannot testify about the substance of the confidential communications if the privilege has not been waived by the patient. • 1.4 Waiver of the privilege - The patient can waive the privilege and if it is waived then the psychotherapist must testify to what was said in confidence by the patient and the psychotherapist. • So, in cases between separated parents now a “parenting plan” must be established that includes a “parental responsibility order” and a “time-sharing schedule”. • The parenting plan must be established either by the agreement of the parties or the order of the judge if the parties cannot agree. • The time-sharing schedule must be in the “best interest of the child” and the 20 factors that the court must consider in deciding the best interest of the child are found in §61.13(3). • Sentiments and intentions do not count for much in the decision. • So, it is the child, not the parents, who has a right that must be protected, that is, the right to “frequent and continuing contact with both parents.” The statute does not say the parents are entitled to any particular time-sharing schedule with their child. • Note that “shared parenting” or “shared parental responsibility,” one of the options for the “parental responsibility order” that must be included in a parenting plan, has nothing to do with the time-sharing schedule. • These issues do not mean that the parents’ have waived the P-PT privilege. • 2.1 F.S. §39.201 - Any person who knows or has reasonable cause to suspect that a child is abused, abandoned or neglected by a parent, legal custodian care giver or other person responsible for the child’s welfare ... shall report such knowledge or suspicion to the Department of Children and Families. • 2.2 F.S. §39.204 - The psychotherapist patient privilege shall not apply to any communication involving the perpetrator in any situation involving known or suspected child abuse, abandonment, or neglect. • 3.2 You can object - A witness may object to a subpoena by filing a motion for a protective order and a notice of hearing, which must be filed and heard before the appearance date set in the subpoena. • 3.3 You are entitled to be paid - The party subpoenaing an expert for an appearance to give an expert opinion must pay the expert a reasonable fee for his or her services. • If the expert witness and the party cannot agree then the witness must file a motion for a protective order and set if for a hearing by calling the judge’s office, getting hearing time and then preparing, filing and serving a notice of hearing. • The witness who made the statement must be in the courtroom to testify about what they saw or heard. • Opinion: “Johnny is not doing well in school because his parents do not communicate and cooperate in the parenting decisions concerning Johnny, they are unkind to each other and they communicate their dislike for each other to Johnny, by word and deed. • E.g., “Parenting Plan Recommendation” or “Social Investigation” reports offered at trial that give an opinion but also repeat hearsay statements that the psychotherapist heard to arrive at his opinion may not be admitted into evidence because they contain inadmissible statements. • There must be “good cause” for the physical or mental examination. • Even so, is it necessary or helpful to the finder of fact? Will it make the litigation worse or better? Can the parties afford the cost? Also, what is a “social investigation”? The statute says the person doing the social study must “furnish the court and all parties of record in the proceeding a written study containing recommendations.” Is this the same as a “parenting plan recommendation”? F.S. §61.20 is at Appendix page A-25. • As a result, the reports and testimony of mental health practitioners do not follow any uniform or consistent pattern. -- 8 of 15 -- • 6.5.2 The order “shall specify the issues to be addressed by the expert.” The expert “shall prepare and provide a written report to the attorney for each party or the party if unrepresented ... a reasonable time before any evidentiary hearing on the matter at issue. • The expert shall also send a written notice to the court that the report has been completed ...” So, do not send the report to the judge. • Judges must be neutral and they must appear to be neutral at all times. • If you think a child has been abused, abandoned or neglected, you must call the • 6.5.4 Further, “[n]o expert may communicate with the court without prior notice to the parties and their attorneys, who shall be afforded the opportunity to be present and heard during any such communication between the expert and the court.” Again, this is “due process of law.” • 6.5.5 “Due process” is what the law considers “fundamental fairness.” “Due process of law” is “notice and an opportunity to be heard.” Judges must learn everything they know about a case only in the courtroom at a trial or hearing for which both parties received notice and an opportunity to appear. • The report or anything else you think the judge needs to know may or may not be admissible in evidence according to law. • 6.5.6 Finally, “[a]n expert appointed by the court shall be subject to the same examination as a privately retained expert and the court shall not entertain any presumption in favor of the appointed expert’s findings.” • A parenting plan must include a parental responsibility order and a time-sharing schedule • 7.1 F.S. §61.046(14) defines “Parenting plan” as “a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and the child.” • 7.3 F.S. §61.13(2)(b) says a “parenting plan approved by the court must, at a minium, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent; a designation of who will be responsible for any and all forms of health care, school-related matters including the address to be used to school-boundary determination and registration, and other activities; and the methods and technologies that the parents will use to communicate with the child.” 10 -- 10 of 15 -- • So, it appears that an order for “parental responsibility” must be included in the “parenting plan,” and the parental responsibility order has nothing to do with the time-sharing schedule, which is a separate concept and a separate order. • 7.5 So, “parental responsibility” means the responsibility to make parenting decisions for the child after the parents separate and the “parental responsibility” order must spell out how the parents will make parenting decisions now that they are separated. • (2) shared parental responsibility, in which the parents confer, consult and agree on all parenting decisions; or (3) shared parental responsibility with ultimate responsibility to one parent or the other over certain named aspects of the child’s life or over all aspects, such as education, extra- curricular activities, medical treatment, etc., if the parents do not agree on decisions in those aspects of the child’s life. • However, these terms do not exist in Florida law and they have no meaning under Florida law. • Occasionally, medical providers find themselves in a bind, when both parents appear and do not agree on a treatment, and then the parties must come to the court to argue their positions about the merits or demerits of a proposed treatment. • A Chapter 61 judge has no authority to become a “super parent.” On the contrary, the statute, §61.13(2), allows the judge only to “pick a parent” by making a “sole parenting” order over an aspect of the child’s life, such as medical care, if the parents do not agree about parenting decisions in that aspect. • Therefore, one or both of the parents must make all parenting decisions after the parents separate. • If the parents have a “shared parenting” order, in a settlement agreement or a judgment, and they do not agree on a parenting decision, then they cannot “share” a decision and they cannot make a “joint” parenting decision. • In this event one of them must return to court and file a supplemental petition that asks for a “sole parenting” order.
The psychotherapist must raise the privilege if questioned about confidential communications with a patient in a deposition, hearing or trial and cannot testify about the substance of the confidential communications if the privilege has not been waived by the patient.
Reviewer note: Order PDF sha256: fd764767e04d08e9ce2980f09b1131826a9d9b1d04499089568b271fbffbad89. Extracted from the order's own text layer.
Judge Bell caps motions and responses at 5 pages for UMC hearings and 12 pages for special-set hearings.
Judge Alijewicz requires every motion for attorney's fees and/or costs to attach a document detailing time records — no records, no fee award.
Judge Corlew bars informal contact: every communication with the Court must be in writing, filed with the Clerk, with copies furnished to all parties — and no calls to the JA to schedule or cancel UMC.