Wade v. Hirschman

In Wade v. Hirschman, 872 So. 2d 952 (Fla. 5th DCA 2004), the Fifth District stated in pertinent part: The parties were divorced in October 2000, and neither was named primary residential custodian of their child. After mediation, the parties agreed to a split rotating custody and parenting coordinator plan. It was approved by the court on November 8, 2001, and the parties were ordered to abide by its terms. However, Wade the Mother refused to sign the mediated agreement. As noted by the court in its decree, the Mother said she objected to all paragraphs of the agreement. The court found her disagreements "unreasonable." The Mother did not appeal from this decree. In this modification proceeding, the parties both alleged there had been a substantial change in circumstances and both sought primary residential custody of the child. After an evidentiary hearing, the trial court determined that the split rotating custody plan had failed because the Mother consistently refused to abide by the plan, she refused to work with the parenting coordinators, she frustrated their efforts, and she was "totally disruptive." However, the trial court was uncertain as to which legal standard should be applied to this modification proceeding. Id. at 953.