Judges Corner

What Happens When a Domestic Relations Law Case Gets Transferred To Unified Children’s Court?

Written by Judge Marcia Caballero | [email protected]

In 1991, the Florida Supreme Court recognized the importance of establishing a family court division and directed the circuits to develop local rules to coordinate family matters. Since then, the Supreme Court has taken additional steps to create a fully integrated and comprehensive approach to handling related cases involving children and families. In 2014, the Court created the Notice of Related Cases and determined that all related family cases involving the same family and/or children should be handled before one judge.

Our 11th Circuit has issued several Administrative Orders for the purpose of complying with the Supreme Court’s mandates and to provide the most comprehensive and efficient procedures to address family law matters for the community that we serve. Currently, we are following Administrative Order No. 17-8 which can be found on the 11th Judicial Circuit website. In summary, our judges preside over all family or domestic relations type cases that also have a related domestic violence injunction case. They also preside over all dependency cases, termination of parental rights (hereinafter TPR) cases and all delinquency cases whether they have a related family, domestic relations or domestic violence case or not. All judges presiding in Unified Children’s Court (hereinafter UCC) are cross trained in all these types of cases and receive trauma-informed training as well.

In summary, the current Administrative Order provides that if there are two or more cases in the Domestic Relations Division, Domestic Violence Division, Dependency Division and/or Delinquency Division involving one family, the cases are transferred to the UCC Division so that they will be handled by one judge. This facilitates the coordination of hearings and determinations on related cases. The goal is to minimize the number of times and places that a family has to appear in court and to reduce the possibility of conflicting decisions and orders.

Related cases are identified in the required Notice of Related Cases when a case is filed in any of the above-mentioned divisions, through the Administrative Office of the Court, the Clerk of Court, judges and all court partners.

Generally, when there is an open dependency, TPR or delinquency case and a domestic relations case is filed, it will be assigned to the UCC judge assigned to the dependency, TPR or delinquency case. If there is an open domestic relations case and a dependency, TPR or delinquency case is filed, the open domestic relations case will be transferred to UCC. If a family has a closed dependency or TPR case and there is a domestic relations case filed, it will be assigned to the UCC division.

If a domestic violence injunction case is filed and there is a related domestic relations case open or visa versa, the case only gets transferred to UCC if the Domestic Relations Division judge assigned to the two cases, enters a permanent injunction. If a family has an open dependency, TPR or delinquency case and there is a petition for domestic violence injunction filed, the domestic violence case will be transferred prior to the final hearing to the presiding UCC judge.

Once the domestic relations case is transferred to UCC due to an open dependency case, the parents may be appointed attorneys, if they are found to be indigent. The appointed attorneys will only represent the parents in the dependency case. The family will be assigned to one of the agencies that have contracts with Citrus Family Care Network, the community-based care lead agency for child welfare in Miami-Dade County. The agency will assign a case manager that is responsible for making all the referrals for services the family needs and monitoring those services. They are also required to visit the children every month and keep the court informed of the family’s needs and progress. The court conducts a judicial review every six months to monitor the parents’ compliance with their services. The services are listed in a case plan that is narrowly tailored to address the needs of the family based on the reasons that brought the case into the dependency system as well as any needs that become apparent during the life of the dependency case. Florida Statutes provide that the court is responsible for finding safe and permanent families for children in foster care within one year from the date the case is opened through reunification with the family, adoption, guardianship with a fit and willing relative or other approved non-relative placement. In cases where the foster child turns 16 and none of those permanency goals are in the youth’s best interests, the court may approve a permanency goal of Another Planned Permanent Living Arrangement which assists the youth in their transition to self-sufficiency upon reaching the age of majority.

It is important to note that children are a party in a dependency case and they have a right to be heard and to be present at any hearing. If the child meets statutory criteria under Florida Statute 39.01305 or the presiding judge finds that the minor child needs to have counsel, an attorney-ad-litem will be appointed. All children in the dependency system in Miami-Dade County have the right to have a guardian-ad-litem appointed who represents the best interests of the child thanks to the funding provided by a Florida non-profit organization, Voices for Children Foundation, Inc. The State of Florida has a Statewide Guardian ad Litem Office that has assigned guardian-ad-litem attorneys to represent the child’s best interests.

If a family has an order or a judgment from a domestic relations case giving the parents certain rights, responsibilities and timesharing rights, these rights are subject to any findings or orders entered in the related dependency case. The orders from the dependency case take priority and supersede any order that may have been previously entered in the related domestic relations case.

Once a domestic relations case is transferred to UCC, it will remain in that division including any enforcement or post judgment requests for relief.

Although the families in UCC usually receive most of their needed services through the dependency and delinquency cases, our judges will refer the parties in related domestic relations and domestic violence injunction cases for services through Family Court Services, if needed.

UCC provides a fully integrated and comprehensive approach to handling all related cases involving children and families under the supervision and decision making of a well-trained jurist, while at the same time resolving family disputes in a fair, timely, efficient and cost-effective manner. We strive to maximize the resources of our community to help protect children, help families resolve their conflicts and better serve those that appear before us.