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Matin v. Hill12/19/2001
supporting the issuance of the emergency order. Id. at 365. Ultimately, the court held that the "failure to dissolve the [trial] court's emergency order in the absence of any evidence to support its issuance was an abuse of discretion." Id.
In this case, the father did not present sufficient competent evidence during the hearing on the motion to dissolve. Instead, he simply reiterated many of the same unsubstantiated allegations made in his ex parte motion. Although he based his motion in large part on conversations with the child's teacher and principal, the father did not call either of them to testify at the hearing; nor did he provide the court with their deposition testimony or affidavits. Additionally, his allegations regarding the mother's lack of parenting skills were not supported by evidence.
We observe that a trial court has less discretion in a modification proceeding and that the parent seeking a change of custody has an extraordinary burden. Vasquez, 626 So. 2d at 319. Because the father did not meet his burden, denying the mother's motion to dissolve was an abuse of the trial court's discretion.
We therefore reverse and remand this case to the trial court with instructions to conduct a full evidentiary hearing on the mother's motion to dissolve. Swartsell v. Swartsell, 615 So. 2d 825, 826 (Fla. 4th DCA 1993).
REVERSED and REMANDED for further evidentiary proceedings.
POLEN, C.J., STEVENSON and TAYLOR, JJ., concur.
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