FL Family & Dependency Law In Action

FL Family & Dependency Law in Action: Shaw v. Shaw

We are posting the Shaw v. Shaw Answer Brief in hopes that you can see an example of a Family Law and Dependency Law fact pattern, a case in action, and the legal arguments as applied to the facts at hand.

We hope this Brief helps you to learn some important Family and Dependency Law “buzz words” so that you can implement the legal lingo on exam day and increase your overall Florida Bar Exam, Part A, scores. You may download a copy of the Brief at the end of this page.

Shaw v. Shaw, No. SC00-1577 (Fla. Nov. 28, 2000).

“The Shaws married in 1991, and their only child, Jenna, was born in 1994. In April of 1997, after several frequently stormy years, the Mother filed for divorce, asking in her Petition for Dissolution of Marriage (“Petiti~n’~to) be appointed Jenna’s primary custodial and residential parent, with shared parental responsibility and reasonable visitation for the Father. She cautioned, however, that the Father’s employment was sporadic, he had a gambling problem, he had lied about his military background, and he had a pattern of instability.’

At the time she filed her Petition, the Mother also sought ex parte relief giving her temporary primary residential custody of Jenna and permitting her to immediately relocate with Jenna to Louisiana, where her family lives. Her reason for leaving Florida, besides the ruined marriage and the absence of any family here, was that she was unable to find a job here in her field, radiation therapy, but had found one in Louisiana.

After the trial court granted the requested relief, the Father allowed the Mother to leave, but with only her clothes and Jenna’s, and refused to allow her to take even her car, so she and the child were forced to take public transportation. The move to Louisiana allowed the Mother to get a good job, be near her family, and establish a comfortable lifestyle for Jenna and herself.” …

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