Calloway v. Tawil
Calloway v. Tawil
Opinion of the Court
AFFIRMED.
Concurring Opinion
concurring specially.
The mother appeals from an order granting the father’s supplemental petition for modification. The order had the effect of transferring majority timesharing with the parties’ minor child to the father. Because there was substantial competent evidence to support the trial court’s decision, I agree that an affirmance is required. I write only to address the trial court’s decision to permit the parties’ sixteen-year-old child to remain in the courtroom during the testimony of the mother and the court-appointed psychologist.
In overruling the mother’s objection to the presence of the child in the courtroom, the trial judge stated: “Once he’s been released as a witness, he’s a member of the public just like anybody else.” The trial judge’s decision was in contravention of Florida Rule of Family Procedure 12.407.
. No minor child shall be deposed or brought to a deposition, brought to court to appear as a witness or to attend a hearing, or subpoenaed to appear at a hearing without prior order of the court based on good cause shown unless in an emergency situation. This provision shall not apply to uncontested adoption proceedings.
Fla. Fam. L.R.P. 12.407.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.