Two Requirements for Trial Court to Order Mental Evaluation of Party

In this family law case, the father sought to compel the examination of the mother by a psychologist pursuant to Florida Rule of Civil Procedure 1.360(a)(1).  The trial court granted the motion and the mother filed a petition for Writ of Certiorari.

The Third DCA found that, in order to compel a party’s attendance at a mental examination, the court must determine that (1) the mental state of the party to be examined is “in controversy,” and (2) the mental state of the party to be examined cannot adequately be determined without the assistance of an expert.

In this case, the 3rd DCA found that the father had not established either requirement and entered an Order Quashing that portion of the trial court’s ruling which required the mother to undergo a mental evaluation.

Wade v. Wade, 38 Fla. L. Weekly D2222b (Case No. 3D13-2317 Oct. 23, 2013)