Florida/Georgia Personal Injury & Workers Compensation

...Kern seeks relief from all aspects of the trial court's ruling save for the dissolution order itself. She raises some fifteen points on appeal. We find that of these issues only the constitutional question which vests this Court with jurisdiction merits discussion. *19 Section 61.20, Florida Statutes, reads as follows: " Social investigation and recommendations when child custody is in issue....

...She alleges further that the statute is an unconstitutional infringement of her right to confrontation of witnesses. In support of her position she cites a dissenting opinion in Green v. Green, 307 So.2d 246, 247 (Fla.App. 4th 1975), in which Judge Owen suggests that Section 61.20 authorizes a practice which "is so shockingly violative of fundamental due process safeguards that I feel the statute should be abolished forthwith." The issue of the constitutionality of Section 61.20, Florida Statutes, has not been the subject of a reported appellate opinion....

...[3] Trial courts have consistently been reversed, however, for considering such reports without notice to, or knowledge of, the parties. See, e.g., Dees v. Dees, 41 Wis.2d 435, 164 N.W.2d 282 (1969); McGuire v. McGuire, 140 So.2d 354 (Fla.App.2d 1962); Herb v. Herb, 8 A.D.2d 419, 188 N.Y.S.2d 41 (1959). Implicit in Section 61.20, Florida Statutes, of course, is a procedural due process requirement that when the trial court relies on such investigative reports, counsel for the parties should be given an opportunity to review the reports for purposes of introduci...

...App.2d 219, 192 P.2d 781 (1948). As *21 in such proceedings, the overriding concern in custody litigation between parents is again the child's welfare, and thus cases such as that before us today would also seem to call for the Williams result. For the foregoing reasons we hold Section 61.20, Florida Statutes, to be a constitutional legislative recognition of the necessity for professional social workers' investigative skills and personal counseling as a means of furthering the trial court's search for just and humane results in this sensitive area....

...that she has deliberately concocted these charges to achieve sole custody — both equally reprehensible conduct — furnish a relevant foundation for the examinations of both parents as well as the child. If section 61.13 supplies the relevancy, then section 61.20, Florida Statutes (1991), furnishes the specific tool....

...See In the Interest of T.M.W., 553 So.2d 260 (Fla. 1st DCA 1989) (even though mental condition of parents is necessarily implicated in custody case, good cause showing required by statute and rule applicable to adoption cases could not be based on inferences from severe behavior problems). Section 61.20 is not cited or considered in the opinion....

...e extent that it could be thought to apply to custody disputes with the kind of allegations made here. In light of the text and obvious purpose, we conclude that a trial court, faced with conflicting custody claims between parents, has been given by section 61.20 the discretion to order evaluations of the kind ordered in this case....

...We cannot accept the notion that a trial judge abuses his discretion in a custody case by not accepting the kind of expert testimony offered here. Sexual abuse and the deliberate manipulation of a child's parental affection amount to any additional good cause, beyond section 61.20, required for a mental examination....

...We therefore deny the mother's petition for certiorari review of the subject order. Our decision is, of course, without prejudice to the trial judge to make such changes and adjustments as he deems necessary to the examination order. CERTIORARI DENIED. GLICKSTEIN, C.J., and GUNTHER, J., concur. NOTES [1] Section 61.20 does not expressly require the order to set these things out....

...by depriving him of his right to a full hearing. Vazquez v. Vazquez, 626 So.2d 318 (Fla. 5th DCA 1993). The Florida Supreme Court, addressing a report which dealt with a social investigation and recommendation utilized by the trial court pursuant to section 61.20, Florida Statutes, contemplated that the preparer of such a report could be called as a witness. The court stated: Implicit in Section 61.20, Florida Statutes, of course, is a procedural due process requirement that when the trial court relies on such investigative reports, counsel for the parties should be given an opportunity to review the reports for purposes of introduci...

...We approve the decision of the district court below because we find that a trial court must comply with the requirements of Florida Rule of Civil Procedure 1.360 when a party files a motion to compel psychological examinations of minor children pursuant to that rule. A trial judge also has the discretion under section 61.20, Florida Statutes (1993), to order a psychological examination of a child as part of a social investigation....

...[1] *965 In Gordon the Fourth District found that section 61.13(3), Florida Statutes (1991), [2] gives a trial judge independent statutory authorization to order a psychological evaluation in child custody proceedings. 615 So.2d at 844. The court found that section 61.20, [3] which authorizes a social investigation, furnishes the tool for conducting a psychological evaluation....

...In the instant case, the proceedings before the trial judge were clearly insufficient to establish good cause because they consisted of conclusory allegations in the pleadings and argument by counsel. Rule 1.360 is not the only basis for ordering a psychological evaluation of minor children in a custody dispute. Section 61.20 gives the trial judge the discretion to order a social investigation in any action where the custody of a minor child is at issue. Under section 61.20 the trial judge has the discretion to include a psychological evaluation as part of that investigation and, in doing so, need not comply with the requirements of rule 1.360....

...(f) The moral fitness of the parents.... (i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference. (j) Any other fact considered by the court to be relevant. [3] Section 61.20, Florida Statutes (1991), provides in relevant part: (1) In any action where the custody of a minor child is in issue, the court may order a social investigation and study concerning all pertinent details relating to the child and each...

...he court by the parties or when the court determines that the investigation and study that have been done are insufficient. Under subsection (2), persons including "a psychologist licensed pursuant to chapter 490" may conduct a social investigation. § 61.20(2), Fla....

...On May 1, 1995, the husband served notice of his intent to seek production of Dr. Ptacek's "entire file for Debra Leonard," then in the possession of Dr. Whibbs. On April 26, 1995, the husband served an unsworn motion for a psychological evaluation and social investigation of the wife, pursuant to section 61.20, Florida Statutes (1993), requesting that the trial court order the wife to submit to a psychological examination....

...ild and in the child's best interest. See § 61.403. However, the statute also states that the guardian shall not act as an advocate. See § 61.403. The art of advocacy is solely within the domain of counsel or the pro se litigant. We recognize that section 61.20, Florida Statutes (1995), allows the trial court to consider social investigations and studies in child custody matters without regard to the rules of evidence. However, this statute applies to social investigations and studies conducted by qualified staff of the court or other specified professionals or agencies as set forth in section 61.20(2). A typical guardian ad litem, such as the one in this case, does not meet the criteria of section 61.20(2)....

...After one day of Marehman Act evaluation, the examining physician’s report concluded there was “no documented abuse.” Wife then moved to reinstate 50/50 time-sharing, which Husband opposed. Both parties consented to independent psychological evaluations pursuant to section 61.20 of the Florida Statutes....

...ge, and then only after an evidentiary hearing. 4 (3) Effect of Independent Evaluation. A separate issue is whether and to what extent Wife voluntarily waived her privilege by participating in the independent psychological evaluation contemplated in section 61.20 of the Florida Statutes....

...WINSOR, J., CONCURS; KELSEY, J., CONCURS SPECIALLY WITH OPINION and MAKAR, J., CONCURS IN PART, DISSENTS IN PART WITH OPINION. . The Marchman Act permits involuntary commitment and assessment for substance abuse issues. See generally §§ 397.301, .601, .675, Fla. Stat (2016). . Section 61.20 authorizes the court to order a "social investigation and study” in actions where the parents cannot agree on a parenting plan, to gather relevant facts and make recommendations to the court. The court may consider the report and recommendations and may order additional study if the court determines that the investigation and study are insufficient. § 61.20(1), Fla....

...Procedural due process prohibits a trial court from relying upon a social investigation report to determine child custody without first providing the report to the parties and permitting them to introduce evidence that might rebut the conclusions or recommendations contained in the report. See § 61.20, Fla....

...Landers appeals from an order modifying a final judgment and transferring custody of the parties' minor son from appellant to the father/appellee. As was its custom, the trial court ordered the Department of Health and Rehabilitative Services to conduct the investigation authorized by section 61.20, Florida Statutes....

...rings, consumption of time, confusion of issues and presentation of cumulative evidence. The court cited as authority for this practice sections 90.612(1)(b) and 90.403, Florida Statutes (1978). Consideration of a report prepared as authorized under section 61.20, Florida Statutes, was approved in Kern v. Kern, 333 So.2d 17, 21 (Fla. 1975), where the supreme court stated: [W]e hold that section 61.20, Florida Statutes, to be a constitutional legislative recognition of the necessity for professional social workers' investigative skills and personal counseling as a means of furthering the trial court's search for just and humane results in this sensitive area. The Kern court also found: Implicit in section 61.20, Florida Statutes, of course, is a procedural due process requirement that when the trial court relies on such investigative reports, counsel for the parties should be given an opportunity to review the reports for purposes of introduci...

...Kern from calling as witnesses the case workers who prepared the reports as well as the persons whom they interviewed nor from attempting to discredit the methods used to reach conclusions adverse to her cause... . (emphasis added) Id. at 20. Thus, section 61.20 authorizes the court to consider the information contained in the report, it does not authorize use of the report to obviate the right of the parties to a trial of their cause before the court whether or not a report is ordered, and the extent of consideration of the report by the court is clearly a matter of discretion of the court. See § 61.20, Fla. Stat. (1981). Section 61.20 requires the Department to furnish the court with its recommendation along with a written statement of facts found in its social investigation on which its recommendations were based....

...Also, the value and accuracy of any social investigation will vary with the skill, experience, perception and industry of the case worker. Therefore, restricting a party's right to interrogate the case worker as to these matters was improper. We therefore hold that a trial court is authorized by section 61.20 to consider a social investigation report, prepared as required by the statute; it cannot, by ordering the report, deprive or restrict the parties of their right to present testimony or other evidence or to cross-examine witnesses....

...ellant's condition subsequent to the dissolution and its effect on the child. We therefore reverse and remand to the trial court for further proceedings consistent herewith, to include modification of the HRS' report to conform to the requirement of section 61.20, Florida Statutes, and to permit cross-examination of all witnesses furnishing information for the report, the person preparing the report, and such rebuttal evidence as may be competent, material and relevant. REVERSED and REMANDED. ORFINGER, C.J., and COBB, J., concur. NOTES [1] Section 61.20, Florida Statutes, provides: In any action where the custody of a minor child is in issue, the court may request the Department of Health and Rehabilitative Services or qualified staff of the court to make an investigation and social study concerning all pertinent details relating to the child and each parent....

...n it in constructing the final judgment. We hold that the admission of the report violated the Wife's right to due process. The report in this case was the result of a social investigation conducted by the court-appointed psychotherapist pursuant to section 61.20, Florida Statutes (1995). Section 61.20 provides in relevant part: (1) In any action where the custody of a minor child is in issue, the court may order a social investigation and study concerning all pertinent details relating to the child and each parent when such an invest...

...e social investigation on which the recommendations are based. The court may consider the information contained in the study in making a decision on the child's custody and the technical rules of evidence do not exclude the study from consideration. § 61.20, Fla. Stat. (1995). In Kern v. Kern, 333 So.2d 17 (Fla.1976), the Florida Supreme Court addressed the constitutionality of social investigation reports under section 61.20....

...Trial courts have consistently been reversed, however, for considering such reports without notice to, or knowledge of, the parties. See, e.g., Dees v. Dees, 41 Wis.2d 435, 164 N.W.2d 282 (1969); McGuire v. McGuire, 140 So.2d 354 (Fla.App.2d 1962); Herb v. Herb, 8 A.D.2d 419, 188 N.Y.S.2d 41 (1959). Implicit in Section 61.20, Florida Statutes, of course, is a procedural due process requirement that when the trial court relies on such investigative reports, counsel for the parties should be given an opportunity to review the reports for purposes of introduci...

...s to her if he had chosen to do so." Based upon these findings, the trial judge denied the application for the writ, denied the motion to dismiss and awarded the mother temporary custody of the child. In addition, the order provided that pursuant to Section 61.20, Florida Statutes (1977), the Department of Health and Rehabilitative Services was directed to make an investigation and social study concerning all pertinent details relative to the suitability of the child's permanent custody with the petitioner mother....

...roward County. Jones v. State ex rel. Greathouse, 241 So.2d 432 (Fla. 1 DCA 1970); Ward v. Wells, 298 So.2d 493 (Fla. 1 DCA 1974); Wells, In and For Walton County v. Ward, 314 So.2d 138 (Fla. 1975). The court below did not err in dismissing Count 2. Section 61.20, Florida Statutes (1975), provides in part: "In any action where the custody of a minor child is in issue, the court may request the [Department of Health and Rehabilitative Services] to make an investigation and social study concerning...

...ing which parent should have custody. This point lacks merit. The court stated unequivocally that Nolan was presenting expert testimony pursuant to the court's order, after first duly establishing his expert credentials. We also note that Fla. Stat. § 61.20, F.S.A....

...On August 21, 1969, the court amended its order of August 15 and allowed visitation privileges every other weekend starting September 12, 1969. At time of hearing on petitioner's motion for additional visitation privileges, it was also suggested by the court, that an order be entered as contemplated by Section 61.20, F.S....

...ohibited, enjoined and restrained from further proceedings in this cause except for vacating all orders heretofore entered pertaining to the custody and visitation of the minor children which is hereby directed. REED and OWEN, JJ., concur. NOTES [1] Section 61.20, F.S....

...ered moot. To the extent the wife argues it was error to deny an agreed upon social investigation, we affirm the ruling without prejudice should a social investigation be sought on remand for purposes of determining the new timesharing schedule. See § 61.20(1), Fla....

...the presence of the child. The wife counterclaimed for primary residential custody and on June 1, 1992, the case was set for trial on a trial docket beginning July 20, 1992. On June 11, 1992, the parties agreed to a social investigation pursuant to section 61.20, Florida Statutes (1991)....

...termination, the Supreme Court of Florida in Kern v. Kern, 333 So.2d 17 (Fla. 1976), was careful to point out the safeguards necessary to justify the departure from the usual evidentiary rule regarding hearsay. In that case, the constitutionality of section 61.20, Florida Statutes (1976), admitting into evidence reports and social investigations in custody matters was brought into question on a due process basis....

...Trial courts have consistently been reversed, however, for considering such reports without notice to, or knowledge of, the parties. See e.g., Dees v. Dees, 41 Wis.2d 435, 164 N.W.2d 282 (1969); McGuire v. McGuire, 140 So.2d 354 (Fla. App.2d 1962); Herb v. Herb, 8 A.D.2d 419, 188 N.Y.S.2d 41 (1959). Implicit in section 61.20, Florida Statutes, of course, is a procedural due process requirement that when the trial court relies on such investigative reports, counsel for the parties should be given an opportunity to review the reports for purposes of introduci...

...equent performance of the parenting coordinator, and the trial court's adoption of recommendations made by the parenting coordinator. We recognize that it is the practice of some trial courts to appoint parenting coordinators. We also recognize that section 61.20, Florida Statutes (2003), authorizes a trial court to order a "social study and investigation" in cases where child custody is in issue and that Florida Family Law Rule of Procedure 12.363 authorizes a trial court to appoint a mental he...

...ssional or other expert to conduct a home study investigation when visitation or residential placement of a child is in controversy. In the instant case, however, there is no indication that the parenting coordinator was appointed pursuant to either section 61.20 or rule 12.363....

...Rigsbee's financial affidavit suggests his income was almost twice that of Mrs. Hastings, it appears that Mrs. Hastings was responsible for half of the parenting coordinator's charges and Mr. Rigsbee was responsible for the other half. [2] We note that information contained in a study conducted pursuant to section 61.20 may be considered by a trial court and "the technical rules of evidence do not exclude the study from consideration." This provision has no application in the instant case since the parenting coordinator was not acting under the authority of section 61.20.

...The Father timely appealed. Pursuant to statute, a trial court may order a social investigation and recommendations where parents are unable to agree on a parenting plan and may use the information and recommendations in making a decision on the parenting plan. § 61.20(1), Fla....

...e *1222 are very much the product of hearsay discussions, and I don't think ... it would be proper for this Court to take them and simply do it at face value." The court admitted the report prepared by HRS even though it was based on hearsay because Section 61.20, Florida Statutes (1983), permits it. This statute reads as follows: 61.20 Social investigation and recommendations when child custody is in issue....

...arenting plan recommendations. Parenting Plan Recommendation — A nonbinding recommendation concerning one or more elements of a Parenting Plan made by a court-appointed mental health practitioner or other professional designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family Law Rule of Procedure 12.363....

...es that are otherwise needed for the welfare of the children. See Wrona v. Wrona, 592 So.2d 694 (Fla. 2d DCA 1991). Here, the trial court [1] signed a stipulated order appointing a licensed psychologist to perform a parenting assessment, pursuant to section 61.20, Florida Statutes (2002)....

...person for said mental or physical condition." In her answers, Mother did not identify the mental condition of Father as being at issue in the proceedings. About a month later, Mother filed a "Motion for Social Investigation of Father" pursuant to " section 61.20, Florida Statutes ; and rule 12.360, Florida Family Law Rule of Procedure." She alleged Father had "uncontrolled fits of explosive rage manifested in screaming and other violent behaviors in the presence of the child." She maintained Fa...

...Father denied any need for supervised visitation and clarified he sought sole custody of the child. At hearing, the trial court determined that Mother's motion constituted a request for a psychological examination under rule 12.360, rather than a request for social investigation under section 61.20, Florida Statutes....

...in a miscarriage of justice. Hartsell , 189 So.3d at 365 . We find Father has met his burden. Courts have two available avenues to compel the psychological evaluation of a party in a family law case: 1) as part of a social investigation pursuant to section 61.20, Florida Statutes ; and 2) pursuant to Florida Rule of Civil Procedure 1.360 and its companion Family Law Rule of Procedure 12.360....

...In that context and under rule 1.360, the mental condition would be a matter "in controversy" unless withdrawn. See Maddox v. Bullard , 141 So.3d 1264 (Fla. 5th DCA 2014) ; Olges v. Dougherty , 856 So.2d 6 , 12 (Fla. 1st DCA 2003). Mother's argument that the evaluation could have been ordered as a social evaluation under section 61.20, Florida Statutes, is without merit....

...it merely sets forth an element the court must consider when determining parental responsibility and time sharing. See § 61.13(3), Fla. Stat.; Gordon v. Smith , 615 So.2d 843 , 845 (Fla. 4th DCA 1993) ("If section 61.13 supplies the relevancy, then section 61.20, Florida Statutes (1991), furnishes the specific tool.").

...person for said mental or physical condition." In her answers, Mother did not identify the mental condition of Father as being at issue in the proceedings. About a month later, Mother filed a "Motion for Social Investigation of Father" pursuant to " section 61.20, Florida Statutes ; and rule 12.360, Florida Family Law Rule of Procedure." She alleged Father had "uncontrolled fits of explosive rage manifested in screaming and other violent behaviors in the presence of the child." She maintained Fa...

...Father denied any need for supervised visitation and clarified he sought sole custody of the child. At hearing, the trial court determined that Mother's motion constituted a request for a psychological examination under rule 12.360, rather than a request for social investigation under section 61.20, Florida Statutes....

...in a miscarriage of justice. Hartsell , 189 So.3d at 365 . We find Father has met his burden. Courts have two available avenues to compel the psychological evaluation of a party in a family law case: 1) as part of a social investigation pursuant to section 61.20, Florida Statutes ; and 2) pursuant to Florida Rule of Civil Procedure 1.360 and its companion Family Law Rule of Procedure 12.360....

...In that context and under rule 1.360, the mental condition would be a matter "in controversy" unless withdrawn. See Maddox v. Bullard , 141 So.3d 1264 (Fla. 5th DCA 2014) ; Olges v. Dougherty , 856 So.2d 6 , 12 (Fla. 1st DCA 2003). Mother's argument that the evaluation could have been ordered as a social evaluation under section 61.20, Florida Statutes, is without merit....

...it merely sets forth an element the court must consider when determining parental responsibility and time sharing. See § 61.13(3), Fla. Stat.; Gordon v. Smith , 615 So.2d 843 , 845 (Fla. 4th DCA 1993) ("If section 61.13 supplies the relevancy, then section 61.20, Florida Statutes (1991), furnishes the specific tool.").

...arenting plan recommendations. Parenting Plan Recommendation — A nonbinding recommendation concerning one or more elements of a parenting plan made by a court-appointed mental health practitioner or other professional designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family Law Rule of Procedure 12.363....

...This portion of the order is quashed. The trial court should consider, but is not bound by, the testimony or recommendations of the investigator if one is eventually properly appointed. Schoonmaker v. Schoonmaker, 718 So. 2d 867, 868 (Fla. 4th DCA 1998); § 61.20(1), Fla....

...Couples bearing children out-of-wedlock are subject to the shared parental responsibility provisions of section 61.13(2)(b)2, Florida Statutes (1995), e.g., Collinsworth v. O’Connell, 508 So.2d 744 (Fla. 1st DCA 1987); Barnes v. Frazier, 509 So.2d 401 (Fla. 5th DCA 1987), and under section 61.20, Florida Statutes (1995), the court was permitted to order a psychological examination of appellant without complying with the requirements of Florida Rule of Civil Procedure 1.360....

...The court based its decision on the husband's work schedule, which the court found to be complicated and constantly changing, while the wife had a traditional nine-to-five job. Although the husband contends that the court erred in disregarding the custody evaluator's recommendations, section 61.20(1), Florida Statutes (1997), which allows for a social investigation to determine custody, provides only that "[t]he court may consider the information contained in the study in making a decision on the child's custody ...." (emphasis added)....

...Petitioner, Rodolfo Carrillo-Jimenez, petitioned this court to issue a writ of certio-rari, Fla. R.App. P. 9.030(b)(3), quashing a trial court order denying his amended motion to strike a social investigation report prepared in the dissolution of marriage proceedings below. See § 61.20(1), Fla....

...determined that there was no basis for calling the child and entered the final judgment appealed from without further evidentiary hearing or argument. It is a logical extension of Kern v. Kern, 333 So.2d 17 (Fla.1976) [where the constitutionality of Section 61.20, Florida Statutes (1971) was upheld] to hold that oral communiques supplemental to the written reports discussed in that case should also be made available to either party so as to afford them an opportunity to rebut or refute any conclusions therein....

PER CURIAM. This appeal is from five non-final orders m a pending dissolution action which was consolidated with a domestic violence case. We affirm the orders except for that requiring appellant to pay two doctors’ bills on presentment. As section 61.20, Florida Stat *920 utes, provides for the submission of costs to the court which taxes them, the trial court erred in depriving appellant of the right to review....

...he future of needed information and the children of adequate protection.” *575 Chapter 39.12, Florida Statutes, is not applicable to this proceeding because this report was sought under and filed in a dissolution of marriage proceeding pursuant to § 61.20, Florida Statutes....

...Swaine and the other unnamed social workers who made the investigation and the other unnamed individuals who furnished information in the investigation, the wife will be denied due process in the determination to be made on the child custody issue. In jKern v. Kern, 333 So.2d 17 (Fla.1976), the Supreme Court ruled that § 61.20, Florida Statutes, is constitutional. In so holding, it stated: “. . . Implicit in Section 61.20„Flori-da Statutes, of course, is a procedural due process requirement that when the trial court relies on such investigative reports, counsel for the parties should be given an opportunity to review the reports for purposes of introdu...

...re without prejudice to the right of either parent to seek further relief under chapter 61. [1] In October 2000, the mother filed suit seeking to become Porsche's primary residential parent. The trial court ordered a social investigation pursuant to section 61.20, Florida Statutes (2000)....

...situation, questioned the wife’s maturity and found that the children received excellent care with appellant. The counselor also noted the adultery of appellant without finding it significant. The reports were stipulated into evidence pursuant to Section 61.20, Florida Statutes (1977)....

...Without sufficient findings relating the child-support award to the parties’ income and the child-support guidelines statute, we cannot adequately review the propriety of the challenged award. Cifrian . If the trial court elects to impute income to Appellant, then it must make findings in accordance with section 61.20(2)(b), Florida Statutes (1997); Smith v....

...cord whether the trial court was presented with and acted upon appellant’s affidavit of indigency, we remand for a determination of indigence of appellant at the time costs against her were assessed. Should appellant be deemed indigent pursuant to section 61.20, Florida Statutes (1993), the trial court shall vacate its order here being appealed....

...of Procedure 12.360, filed a June 2022 motion seeking an order compelling the Mother to undergo a psychological evaluation. On August 28, 2022, the Father filed a supplemental motion that additionally sought the trial court to order a social investigation as authorized pursuant to section 61.20 of the Florida Statutes....

...al investigation with each parent undergoing a psychological evaluation as a component of the social investigation. On September 1, 2022, the trial court entered the Order, in which it ordered both a social investigation of the family pursuant to section 61.20 of the Florida Statutes, and psychological evaluations of both parents pursuant to rule 12.360. 3  In her certiorari petition to this Court, the Mother argues that we should quash this...

...We therefore deny the Mother’s petition to the extent that it challenges the Order requiring the Mother to undergo a psychological evaluation. We dismiss for lack of jurisdiction the Mother’s petition challenging the portion of the Order that orders a social investigation, pursuant to section 61.20(1)....

...ion a mere two days after the filing of the Father’s supplemental motion. We have been provided no legal authority, however, that suggests a trial court must provide any notice to the parties prior to ordering a social investigation pursuant to section 61.20.2 Indeed, Florida Family Law Rule of Procedure 12.364(b) expressly authorizes the trial court to order such an investigation on its own motion in any family law case (such as this one) “where the parenting plan is at issue because the parents are unable to agree. . . .” § 61.20(1), Fla....

...3d DCA 2014) (“The establishment of irreparable harm is a condition precedent to invoking certiorari jurisdiction.”). 3 Petition denied in part and dismissed in part. 3 We note that a court may also compel a psychological evaluation of a party as part of a social investigation ordered pursuant to section 61.20(1). Oldham v....

party had access to the report or its content. Section 61.20, F.S., would appear to authorize the court to

evidence do not exclude the study from consideration. § 61.20(1), Fla. Stat. (1995) (emphasis added); see also

...parenting plan recommendations. Parenting Plan Recommendation—A nonbinding recommendation concerning one or more elements of a Parenting Plan made by a court-appointed mental health practitioner or other professional designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family Law Rule of Procedure 12.363....

...or without the use of parenting plan recommendations. Parenting Plan Recommendation – A nonbinding recommendation concerning one or more elements of a Parenting Plan made by a court-appointed mental health practitioner or other professional designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family Law Rule of Procedure 12.363. Party - a person involved in a court case, either as a petitioner or respondent. Paternity Action - A lawsuit used to determine whether a designated individual...

...s parents. Therefore, whether a child, for instance, is an aggressive and angry child about one parent may be important to the trial judge in making a custody determination. This is particularly true in children of very tender years. We believe that section 61.20, Florida Statutes (1985), in providing for an investigation, social study and report by the Department of Health and Rehabilitative Services of “all pertinent details relating to the child and each parent” is a recognition of the admissibility of this type of evidence. While section 61.20 affords a specific exclusion from the technical rules of evidence for such report, we feel that the same reasoning applies to evidence such as that offered in this case for the limited purposes for which it was offered....

...pertinent and is certainly relevant to a judge charged with *649 making a custody determination of that child. See further Kern v. Kern, 333 So.2d 17 (Fla.1976) for similar reasoning therein by our Supreme Court in upholding the constitutionality of section 61.20, Florida Statutes (1985) 1 ....

Social Investigation of Father” pursuant to “section 61.20, Florida Statues; and rule 12.360, Florida Family

1970); Larson’s Workmen’s Comp. Law, Vol. II, § 61.20 (p. 88.266). The inherent cause of the disability

...meant to allow such issues to be brought to the court’s attention early in the case so that any conflict can be resolved on a timely basis. Next, we adopt new rule 12.364 (Social Investigations) to specifically address social investigations under section 61.20, Florida Statutes (2014)....

...the investigator’s file to another investigator who may review it and testify. In conjunction with the adoption of new rule 12.364, we amend current rule 12.363 (Evaluation of Minor Child) to remove references to “social investigations” under section 61.20, Florida Statutes (2014), so as to differentiate social investigations from evaluations of a minor child....

...This rule shall not apply to parenting coordinators or social investigators. Committee Note [No change] RULE 12.364. SOCIAL INVESTIGATIONS (a) Applicable to Social Investigations. This rule shall apply to the appointment of an investigator to conduct a social investigation and study under section 61.20, Florida Statutes....

...(b) Appointment of Social Investigator. When the issue of time-sharing, parental responsibility, ultimate decision-making, or a parenting plan for a minor child is in controversy, the court, on motion of any party or the court’s own motion, may appoint an investigator under section 61.20, Florida Statutes....

...family, including, but not limited to the statutory factors set forth in section 61.13, Florida Statutes. (d) Order Appointing Social Investigator. An order appointing a social investigator shall state that the investigator is being appointed under section 61.20, Florida Statutes, and shall state: (1) The name, address, and telephone number for each parent....

...information.” This is meant to allow such issues to be brought to the court’s attention early in the case so that any conflict can be resolved on a timely basis. Next, we adopt new rule 12.364 (Social Investigations) to specifically address social investigations under section 61.20, Florida Statutes (2014)....

...the investigator’s file to another investigator who may review it and testify. In conjunction with the adoption of new rule 12.364, we amend current rule 12.363 (Evaluation of Minor Child) to remove references to “social investigations” under section 61.20, Florida Statutes (2014), so as to differentiate social investigations from evaluations of a minor child....

...RULE 12.364. SOCIAL INVESTIGATIONS - 11 -  (a) Applicable to Social Investigations. This rule shall apply to the appointment of an investigator to conduct a social investigation and study under section 61.20, Florida Statutes. (b) Appointment of Social Investigator. When the issue of time- sharing, parental responsibility, ultimate decision-making, or a parenting plan for a minor child is in controversy, the court, on motion of any party or the court’s own motion, may appoint an investigator under section 61.20, Florida Statutes....

...family, including, but not limited to the statutory factors set forth in section 61.13, Florida Statutes. (d) Order Appointing Social Investigator. An order appointing a social investigator shall state that the investigator is being appointed under section 61.20, Florida Statutes, and shall state: (1) The name, address, and telephone number for each parent. (2) The name, address, and telephone number of the investigator being appointed. (3) Any...

...f parenting plan recommendations. Parenting Plan Recommendation—A nonbinding recommendation concerning one or more elements of a parenting plan made by a court-appointed mental health practitioner or other professional designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family Law Rule of Procedure 12.363....

...Accordingly, the orders appealed from are affirmed and this cause remanded to the trial court for conduct of necessary hearings incident to a determination of the issues in this litigation. HOBSON, Acting C. J., and BOARD-MAN, J., concur. . See F.S. § 61.20; McGuire v....