Wolfson v. Wolfson from the 3d DCA is a post-judgment case that has been highly litigated, even years after the final judgment of dissolution of marriage.
In this iteration of the case, a temporary modification of timesharing, granted by the trial court after hearing only the former husband’s part of the case, was overturned and remanded for additional proceedings.
Generally, both parties must be given notice and opportunity to be heard on the matter prior to any modification, unless there is an actual, demonstrated emergency situation, such as where a child is threatened with physical harm or is about to be improperly removed from the state.
Even in such instances, every reasonable effort should be made to ensure both parties have an opportunity to be heard.