Obviously, the courts won’t hesitate to enter any orders when necessary to protect minor children from harm. This would include orders for supervised visitation against a parent if the circumstances warranted this type of relief.
In the divorce proceedings between N.W. and M.W., 41 So.3d 383 (Fla. 2nd DCA 2010), the mother alleged that the father was sexually abusing the parties’ daughter. As a result of those allegations, the father was restricted to supervised visits with his daughter. The father subsequently moved for unsupervised visits, and the mother moved to admit the child’s hearsay testimony regarding the sexual abuse pursuant to section 90.803(23), Florida Statutes (2009). The court denied the mother’s request, and re-instated the father’s unsupervised visitation.
The mother filed a timely appeal, and the appellate court reinstated the order for supervised visitation. The court said that the trial court had applied the incorrect standard of law.