In family law, a final judgment is intended to be exactly that—final. However, when disputes arise over school choices or visitation, parents often find themselves back in court. A common mistake in these situations is confusing a “motion for contempt” with a “petition for modification.” The recent Florida appellate decision in Bazinet v. Pinkerton (2025)clarifies that a judge cannot rewrite your parenting plan or change your child’s school during a contempt hearing unless the proper legal steps are followed. For parents in Florida, working with a Tampa divorce lawyer is the best way to ensure your due process rights are protected and that a judge doesn’t overstep their authority.
The case of Richard Bazinet and Christina Pinkerton serves as a significant warning: even if a judge believes a change is in the “best interest of the child,” they cannot modify a final judgment without a specific petition and evidence of a substantial change in circumstances. If you are facing a contempt motion or seeking to change your parenting plan, the expertise of a Tampa divorce lawyer is essential to navigating these strict procedural requirements.
The Background of Bazinet v. Pinkerton
Richard Bazinet (the Father) and Christina Pinkerton (the Mother) have a 9-year-old daughter. In April 2024, a final judgment of paternity was entered, which established an equal time-sharing schedule. Crucially, the judgment also specifically ordered that the child attend Faith Lutheran School through the eighth grade. This was a settled issue that both parties were expected to follow.
Conflict arose in October 2024 when the Mother filed an “expedited motion for contempt.” She alleged the Father had withheld visitation and improperly enrolled the child in a virtual school, violating the final judgment. She asked the court to do two things:
- Award her make-up visitation.
- Order the child to be re-enrolled in Faith Lutheran School.
The trial court agreed the Father was in willful contempt. However, the judge went much further than the Mother requested. Instead of just ordering the child back to Faith Lutheran, the judge sua sponte (on his own) ordered the child to be enrolled in The Villages Charter School. To accommodate this new school, the judge also modified the time-sharing schedule, allowing the Mother to keep the child every school night “if necessary.”
The Legal Error: Modification Without Due Process
The Father appealed, arguing that the judge violated his due process rights by granting relief that was never requested. In Florida, a Tampa divorce lawyer will tell you that a court cannot award a remedy that a party did not seek in their written pleadings.
The appellate court agreed with the Father. While the trial court has the power to enforce orders through contempt, it does not have the power to modify a final judgment during a contempt hearing unless a formal “petition for modification” has been filed. By changing the school and the time-sharing schedule without the Mother even asking for those specific changes, the trial court deprived the Father of his right to notice and an opportunity to be heard on those issues.
The “Substantial Change” Test: Wade v. Hirschman
The Bazinet ruling reinforces one of the most important standards in Florida family law: the “substantial change” test established in the landmark case of Wade v. Hirschman.
When a final judgment already designates a school or a time-sharing schedule, that decision is considered res judicata (a matter already judged). To change it, a parent must meet an “extraordinary burden.” A Tampa divorce lawyer must prove two distinct points to successfully modify a judgment:
- Substantial and Material Change: There must be a significant, permanent, and unanticipated change in circumstances since the original judgment was entered.
- Best Interest of the Child: The proposed modification must clearly promote the child’s well-being.
In the Bazinet case, the trial court found the change was in the “best interest” of the child, but it skipped the first step entirely. There was no finding—and no evidence presented—of a substantial and material change in circumstances. As your Tampa divorce lawyer can explain, “best interest” alone is not enough to overturn a final judgment; you must first prove that the circumstances themselves have fundamentally shifted.
Why Contempt and Modification Are Not the Same
It is common for parents to feel that if their ex-spouse is “breaking the rules,” the judge should just change the rules. However, the law keeps these processes separate for a reason.
- Motion for Contempt: This is a “sword” used to punish someone for not following an existing order. The goal is enforcement, such as awarding make-up visitation or imposing fines.
- Petition for Modification: This is a “request” to rewrite the order because the current one no longer works. It requires a much higher level of proof and a formal legal process, including a new round of discovery and a full evidentiary hearing.
If you are a parent in the middle of a dispute, a Tampa divorce lawyer will help you decide which path to take. If you simply want your visitation schedule followed, you file for contempt. If you want the schedule changed because your work hours or the child’s needs have shifted, you must file a supplemental petition for modification.
The Importance of “Pleadings” and Notice
The appellate court emphasized that “a court violates due process when it awards a remedy that a party did not seek.” This is a fundamental protection for every citizen. You cannot walk into a hearing about visitation and walk out having lost your right to have your child in a specific school if that wasn’t what the hearing was supposed to be about.
A Tampa divorce lawyer ensures that your “pleadings” (the formal documents filed with the court) are precise. In the Bazinet case, the Mother’s motion only asked for re-enrollment in the original school. By picking a new school and changing the overnight schedule to accommodate it, the judge overstepped the bounds of what the Father could have reasonably expected to defend that day.
Protecting Your Overnight Visitation
One of the most concerning aspects of the trial court’s original order was that it gave the Mother discretion to eliminate the Father’s overnight visitation on school nights “if necessary” for the new school.
In Florida, “time-sharing” is a central part of a child’s life and a parent’s rights. Modifications to time-sharing are taken very seriously. A Tampa divorce lawyer works to protect these overnight stays because they directly impact child support calculations and, more importantly, the bond between parent and child. The appellate court rightly reversed this part of the order, noting that such a drastic change to equal time-sharing cannot happen without a properly pled petition and a finding of substantial change.
How to Properly Modify a Parenting Plan
If you believe a change in school or a shift in the time-sharing schedule is necessary, you must follow the correct legal “road map.” A Tampa divorce lawyer will guide you through these steps:
- File a Supplemental Petition: This is a formal request that starts a new “mini-case” within your divorce or paternity file.
- Serve the Other Parent: The other parent must be formally served and given 20 days to respond, just like at the start of the original case.
- Prove the “Substantial Change”: You must provide evidence (witnesses, documents, school records) showing that something major has changed that was not expected when the original judgment was signed.
- Show the Change is in the Child’s Best Interest: Once the “substantial change” is proven, you then use the factors in Florida Statute 61.13 to show why the change helps the child.
By following this process, you ensure that the judge’s ruling will stand up on appeal. As the Bazinet case shows, “shortcuts” often lead to reversal and more legal fees in the long run.
The Role of a Successor Judge
If your case has been going on for years, you might find yourself in front of a new judge. While a successor judge has some discretion to review prior rulings, they are generally bound by the “Law of the Case.” They cannot simply decide they like a different school better than the one picked by the previous judge. A Tampa divorce lawyer knows how to argue that a prior final judgment must be respected unless the strict legal criteria for modification are met.
The Affirmance of Contempt
It is worth noting that the appellate court did affirm the trial court’s finding that the Father was in contempt. The Father’s actions—withholding visitation and unilaterally changing the school—were clear violations of the court order.
This is a reminder that you cannot take the law into your own hands. Even if you think a change is better for your child, you must go through the court first. If you don’t, you face the same consequences the Father did: being found in “willful contempt,” which can lead to attorney’s fee awards against you, make-up visitation for the other parent, and even jail time in extreme cases. A Tampa divorce lawyer can help you seek a modification the right way so you stay on the judge’s “good side.”
Lessons for Parents in Tampa and Throughout Florida
The Bazinet v. Pinkerton decision is a victory for procedural fairness. It ensures that:
- Judges cannot make major life changes for children without a proper request from a parent.
- Parents have a right to “due process,” meaning they must know exactly what is at stake before they go to court.
- The “substantial change” test remains the primary gatekeeper for modifying final judgments, preventing parents from constantly re-litigating the same issues.
If you are involved in a custody or time-sharing dispute, do not assume that a judge’s desire to “do what’s right” will protect you from a bad outcome. You need a Tampa divorce lawyer who understands these appellate rulings and will fight to ensure the law is followed.
Frequently Asked Questions
What is the difference between contempt and modification? Contempt is used to enforce an existing order when someone is not following it. Modification is used to change an order because circumstances have changed. You cannot get a modification in a contempt hearing without filing a separate petition.
Can a judge change my child’s school without me asking for it? No. According to the Bazinet v. Pinkerton ruling, a judge cannot sua sponte (on their own) change a child’s school designation if it wasn’t requested in the legal pleadings. This would be a violation of your due process rights.
What is the “substantial change” test in Florida? It is a two-part test required to modify any final judgment concerning children. You must prove there has been a substantial, material, and permanent change in circumstances and that the proposed change is in the child’s best interest.
What happens if I am found in contempt of court in a divorce case? The judge can order you to pay the other parent’s legal fees, award “make-up” time-sharing, or even order you to go to jail if you refuse to comply with court orders. It is a serious finding that can hurt your credibility in future hearings.
Can I stop my ex from seeing our child if they are in contempt? No. You cannot use “self-help” by withholding visitation, even if the other parent is not following the rules (like not paying child support or changing schools). You must file a motion for contempt and let the judge handle the situation.
How do I prove a “substantial change in circumstances”? Evidence can include a parent’s relocation (over 50 miles), a major change in a parent’s work schedule, a child’s emerging special needs, or a parent becoming unfit due to substance abuse. Your Tampa divorce lawyer will help you gather the necessary evidence.
Does a judge have to follow the “best interest of the child” rule? Yes, but in a modification case, they can only look at the “best interest” after you have proven there was a substantial change in circumstances. The substantial change is a “prerequisite” for the rest of the analysis.
Why did the Father win the appeal in Bazinet v. Pinkerton? The Father won because the judge changed the child’s school and his overnight visitation schedule without the Mother ever asking for those specific changes. This violated the Father’s right to due process and failed to follow the required modification laws.
Conclusion
Your divorce or paternity judgment is more than just a piece of paper; it is a legally binding roadmap for your family’s future. When disputes arise, it is tempting to seek quick fixes, but the law requires a deliberate and fair process. The ruling in Bazinet v. Pinkerton confirms that your rights to due process and the stability of your parenting plan are protected under Florida law. If you need to enforce an order or are seeking a legitimate change, partnering with a Tampa divorce lawyer is the best way to ensure your voice is heard and your family’s interests are protected.
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Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.