Wednesday, February 22, 2012

Fourth District Court Reverses Final Judgment

The Fourth District Court of Appeal reversed the Final Judgment today in Preudhomme v. Bailey, and while the bulk of that Judgment was affirmed on the basis of credibility determinations, the Court did reverse on some grounds.  First, the Judgment was overturned for error in determining which property was marital and non-marital.  In addition, the lower court, which provided limited and restricted visitation to the wife, was found to have erred in limiting any attempt to modify that parenting plan until fifty-two weeks of individual therapy was completed, along with twenty-six weeks of joint therapy with the children.  That limitation was found to be excessive in that it prohibited modification even if it were in the best interests of the children, who wish to see their mother.

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