Ford v. Ford

700 So. 2d 191, 1997 WL 536010
CourtDistrict Court of Appeal of Florida
DecidedSeptember 3, 1997
Docket95-4319
StatusPublished
Cited by13 cases

This text of 700 So. 2d 191 (Ford v. Ford) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford v. Ford, 700 So. 2d 191, 1997 WL 536010 (Fla. Ct. App. 1997).

Opinion

700 So.2d 191 (1997)

Tara M. FORD, Appellant,
v.
Jay Alan FORD, Appellee.

No. 95-4319.

District Court of Appeal of Florida, Fourth District.

September 3, 1997.
Rehearing, Rehearing and Certification Denied October 28, 1997.

*192 Elizabeth S. Baker of Law Offices of Bailey & Jones, P.A., and Cynthia L. Greene of Law Offices of Cynthia L. Greene, P.A., Miami, for appellant.

Dirk Lorenzen of Caruana, Langan, Lorenzen and Mendelsohn, P.A., Miami, for appellee.

Rehearing, Rehearing En Banc and Certification Denied October 28, 1997.

POLEN, Judge.

Tara Ford appeals a final judgment of dissolution that awarded primary residential custody of the parties' then twenty month old daughter, Kylee, to the former husband; denied the former wife's claim for bridge-the-gap alimony; vacated the former husband's temporary alimony arrearages; denied the former wife's claim for equitable distribution; denied both parties' claims for attorney's fees, suit money, and costs; and obligated the former wife to pay child support until the child reached the age of nineteen pursuant to section 743.07, Florida Statutes (1995). Following our consideration of the extensive record on appeal, the parties' briefs, and oral argument of October 29, 1996, this court issued an order on October 31, 1996, reversing the custody determination and returning primary residential custody of the minor child to Tara Ford, with our opinion to follow. By this opinion we explain the reasoning underlying our determination regarding custody, reverse the final judgment, and remand for reconsideration as to alimony, child support, and attorney's fees in light of our disposition.[1]

FACTS

The parties were married for just over three years before separating, and had a twenty month old daughter, Kylee. It was the husband's third marriage and the wife's first marriage. Together they owned Boca Raton Hand and Upper Extremity Rehabilitation, Inc. (Boca Raton Hand), where the husband treated patients as an occupational therapist and the wife worked as the office coordinator.

Domestic violence became a central issue in this case from its inception. The husband was granted supervised visitation with Kylee following a temporary relief hearing before the Honorable John D. Wessel. In pertinent part, the order of temporary relief provided:

The Court has taken extensive testimony and concludes the Wife has justifiable reason to fear the Husband, because of the Husband's history of harassment, physical harm and uncontrollable temper and anger, although there is no evidence to support the position that the Husband has *193 been, in any way, abusive to the minor child. The apprehensions of the Wife are sufficient, based upon her experience with him.

A second temporary order was entered on February 1, 1995, which provided for shared parental responsibility of Kylee and physical residence with the wife, and also required the husband to pay temporary child support and alimony.

The majority of testimony adduced during the six-day final dissolution hearing concerned the issue of custody of Kylee and focused on domestic violence, with the primary focus on two distinct domestic disputes occurring on May 7, 1994, and October 26, 1994, the latter of which immediately preceded the parties' final separation. Several witnesses provided testimony regarding this violence, including Kay Jones, a Custody Evaluator who completed a court-ordered custody/visitation evaluation. Ms. Jones' eleven-page report contained a summary of her observations, numerous discussions with the parties and witnesses, and her ultimate recommendations.

The report details the May domestic dispute, after which the husband entered the Family Violence Intervention Program at the Parent-Child Center. The May dispute occurred on Mother's Day. The couple invited the husband's family to their house for a barbecue, but it was cancelled when the husband called his grandmother's house at 10:00 a.m. The husband's family traveled to the couple's house, and when they arrived the husband ran out of the house screaming, and told his family they better get in the house before he tore off his wife's head. The husband took a walk with his sister-in-law and told her he hit his wife again.

Rita Clark, director of the Family Violence Intervention Program, testified the husband participated in the program for a time. During his intake, the husband listed violence and abuse as his major problem areas and indicated his spouse was the "victim" of his domestic violence. Ms. Clark explained the husband's childhood was typical of someone with a family violence background. He reported his mother was abusive toward him, and he was jailed at one point for violence against his parents. The husband stated he was married once before, and reported violence against his first wife. Clark testified regarding occasions when the husband engaged in "victim blaming," where the perpetrator of physical violence states they are the victim of violence. She stated the husband told her he was working on trying to change.

The husband's conversations with Ms. Jones demonstrate his inconsistent and incomplete explanation of past events and the parties' history together. The husband reported to Ms. Jones that he was married twice before, his first marriage lasting eleven days and his second marriage lasting one year, yet he could not remember the last names of either wife or where or when he was divorced. When asked to supply a copy of each divorce decree, he stated he could only find his first divorce decree. He told Ms. Jones his first wife was abusive. When entering the Family Violence Intervention Program, the husband reported he was married only once before, and perpetrated violence against his previous wife.

The October 26, 1994, incidence of violence involved the husband throwing the wife on the floor. The wife testified he began kicking her in the chest, ribs, and legs. The wife ran out of the house and called the police, eventually leaving the house because she feared for her safety, as well as that of her daughter. The husband stated he slapped the wife, but only after she kicked him. He explained how he "lowered [the wife] to the floor," not "like she was a ninety year old woman," but he "didn't slam her to the flooreither." Following the October 26th incident, the husband phoned Michelle Lampert and told her the wife left because he hit her.

A prior incidence of violence occurred when the wife was four to five months pregnant. The former wife explained the husband was upset because she chose to attend her last day of work as an Emergency Medical Technician. The husband threw her on the floor of her closet, shoving her in the stomach, and kicking her in the side. The husband recounted the incident as involving an argument, after which the wife threatened to abort the baby, and then began hitting *194 herself in the stomach with a fist. The husband testified he restrained the former wife from this self-abuse by holding her wrists, and lowered her to the ground, holding her there for a period of time.

The former husband's testimony regarding domestic violence is revealing. The former husband told Ms. Jones the former wife was abusive. He explained he entered counseling because he "wanted more behavior management for her" and volunteered to attend the Family Violence Intervention Program "because I sought it out as an abused husband." He told Ms. Jones he was the victim in their relationship.

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Bluebook (online)
700 So. 2d 191, 1997 WL 536010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-ford-fladistctapp-1997.