Stanley Conway v. Nina Lee Wallin
CourtDistrict Court of Appeal of Florida
Date FiledOctober 21, 2026
Docket3D2026-0386
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed October 21, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D26-0386
Lower Tribunal No. 24-14163-FC-04
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Stanley Conway,
Appellant,
vs.
Nina Lee Wallin,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade
County, Christine Bandin, Judge.
Stanley Conway, in proper person.
ABRAMOWITZ and ASSOCIATES, and Evan L. Abramowitz and Lily
C. Glickstein, for appellee.
Before SCALES, C.J., and GORDO and REBULL, JJ.
PER CURIAM.
Conway raises several arguments on appeal. 1 We write only to
address his argument that the trial court abused its discretion in conditioning
his temporary timesharing with the parties’ three children “only to the extent
that the eldest child is willing to participate.” We reverse for the trial court to
enter a timesharing schedule based on the trial court’s determination of each
minor child’s best interest.
The statutory basis for a court’s authority to issue temporary time-
sharing plan stems from § 61.13(2)(c), Florida Statutes:2 “The court shall
determine all matters relating to parenting and time-sharing of each minor
child of the parties in accordance with the best interests of the child.” Florida
courts have consistently held that this statute entrusts all time-sharing
determinations to the court alone, and it is error to commit that decision to
any other individual, including the wishes of a child. See Hershberger v.
Hershberger, 390 So. 3d 747, 748 (Fla. 5th DCA 2024) (“Florida law is clear
1
We have jurisdiction under Florida Rule of Appellate Procedure
9.130(a)(3)(C)(iii)b, which grants jurisdiction to this Court to review orders on
temporary parenting plans that determine “the rights or obligations of a party
regarding child custody or time-sharing under a parenting plan.”
2
Although “nothing in chapters 61, 741, or 742 of the Florida Statutes
expressly provides for a temporary time-sharing schedule or parenting plan,”
“the circuit court still has the authority to render a temporary order in this
space . . . because these proceedings are in equity . . . The circuit court in
such proceedings has the inherent power to provide relief if the law does not
clearly provide a remedy.” Miller v. Gordon, 365 So. 3d 1247, 1250 (Fla. 1st
DCA 2023) (citation modified).
2
that the delegation of judicial authority to decide time-sharing to any person
is error, whether that person is an arbitrator, another parent, a child, or an
expert.”); Clark v. Clark, 35 So. 3d 989, 990 n.1 (Fla. 5th DCA 2010) (“[T]he
trial court held: ‘If the minor child desires to spend more time with the
Petitioner/Former Wife, then he shall be allowed to do so. If the minor child
desires to spend less time with the Petitioner/Former Wife, then he shall be
allowed to do so.’ Such an order improperly places decisions with regard to
visitation in the hands of the child.”).
The trial court erred by conditioning Conway’s court-ordered time for
all three children “only to the extent that the eldest child is willing to
participate”—making one minor child, not the court, the decision maker over
whether any court ordered time-sharing happens with all three minor children
at all. See Hershberger, 390 So. 3d at 748. The defect is compounded
because the order also requires all three children to attend together—the
eldest child’s veto therefore operates as a refusal for not only his own contact
but that of his younger siblings as well. Conditioning the two younger
children’s time-sharing on the eldest child’s consent is an abdication of the
court’s non delegable duty to determine each child’s time-sharing based on
their individual best interests. Kiswani v. Hafza, 403 So. 3d 416, 418 (Fla.
5th DCA 2025) (finding that a trial court cannot reserve authority to make the
3
final decision on time-sharing until after the former wife met the
recommendations of various medical professionals and “erred by leaving the
decision of if, when, and how Former Wife and the minor child would visit
with each other in the hands of the child's therapist”).
Reversed and remanded for proceedings consistent with this opinion.
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