Can I Relocate With My Child? Part III

December 18, 2011 by

Last week’s Part I of “Can I relocate with my child?” detailed Florida Statute §61.13001 a statute deals with “Parental relocation with a child.” In Part I, we detailed both relocation by agreement and the beginning requirements of relocation by petition. Part I can be found here. In Part II, we detailed, more specifically, relocation by petition and what happens when a parent relocates without receiving either relocation by agreement or relocation by petition. Part II can be found here.

Continuing on with our discussion of relocation we will now discuss a few more considerations in relocation.

Another common situation involves either one parent attempting to prevent the relocation of a child OR one parent attempting to relocate with the minor child because of some outside time-restraint requiring a quicker relocation process while waiting for a final order. The quick answer to this situation is that Florida Statute §61.13001(6) details what is called “Temporary Order.” This section of the statute details, essentially, what a party can do to temporarily restrain the relocation of a child, order the return of a child, or order other appropriate relief as well as how a party may relocate with a minor child during the pendency of a relocation petition. Section (a) states that the court must find, in order to prevent the relocation of a child, order the return of a child, or in awarding other appropriate relief, that; (1) the petition (for relocation) does not comply with section 3 of the statute; (2) that the child has been relocated without a written agreement of the parties or without court approval; or (3) from an examination of the evidence presented at the preliminary hearing that there is a likelihood that upon final hearing the court will not approve the relocation of the child. Section (b) states that the court must find, in order to grant a temporary order permitting the relocation of the child pending the final hearing, that; (1) that the petition to relocate was properly filed and is otherwise in compliance with section (3) of the statute; AND (2) from an examination of the evidence presented at the preliminary hearing, that there is a likelihood that on final hearing the court will approve the relocation of the child, which findings must be supported by the same factual basis as would be necessary to support approving the relocation in a final judgment. Section (c) of Temporary Order then states that such temporary order will not be given any weight by the court when the relocation petition comes to a final hearing and Section (d) states that if temporary relocation of a child was approved that the court MAY require the person with whom the child is relocating to provide reasonable security, financial or otherwise, and guarantee that the court-ordered contact with the child will not be interrupted or interfered with by the relocating party.  Essentially, it seems that it is somewhat unlikely that a court would be able to grant temporary relocation of a child in the state of Florida because the requirements to show temporary relocation are essentially what would also have to be proven at a final hearing AND that the court would likely require that the court-ordered contact between the non-relocating parent and the relocating minor child would not be interrupted with.

Later this week we’ll continue on with our multi-part series of “Can I Relocate With My Child?” by describing the factors the court must determine when dealing with a contested relocation and what happens when a court orders relocation. Until then, keep in mind that hiring a competent Orlando family law attorney will allow much of this statutory law to be put toward you and your children’s best interest when one party considers relocation or you are the party attempting to stop relocation.

Part IV coming later this week…

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