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Email: samuel@walkerappeals.com | Phone: (407) 647-7887
Appellate Attorney | Helping Trial Attorneys Succeed
Email: samuel@walkerappeals.com | Phone: (407) 647-7887

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Cancino v. Cancino

Criminal Contempt
Cancino v. Cancino
44 Fla. L. Weekly D453a
Third DCA; February 13, 2019

A husband sued his wife for divorce.  Subsequently, the parties entered into a marital settlement agreement which provided that they would “share parental responsibility” for their children.  The trial court entered a final judgment, and incorporated the marital settlement agreement.  Several months later, the husband filed a motion for criminal contempt.  He alleged that the wife had violated the “shared parental responsibility” order by, unilaterally, taking a child to the doctor for a fever, enrolling a child in a visual therapy program, and permitting a school to initiate an accommodation plan for a child who had been diagnosed with attention deficit disorder.  Did the trial court err in finding the wife guilty for violating the “shared parental responsibility” order?

  • The Third DCA said “yes.”
  • The criminal contempt finding violated the wife’s due process rights because the “shared parental responsibility” order was not sufficiently explicit or precise to put a party on notice of what she may or may not do.


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