RELOCATION Flashcards
What is the definition of relocation?
A change in the location of the PRINCIPAL RESIDENCE OF A PARENT or other person from his or her PRINCIPAL PLACE OF RESIDENCE AT THE TIME OF THE LAST ORDER ESTABLISHING OR MODIFYING TIME-SHARING or AT THE TIME OF FILING THE PENDING ACTION TO ESTABLISH OR MODIFY TS. The change of location must be 50 mile from that residence for at least 60 consecutive dates not including a temporary absence for vacation or education or health care for child
Is a military permanent change of duty station relocation within statue?
Yes - bc this is NOT deployment.
How may a parent relocate by consent?
written agreement by parents (or other persons entitled access to child) must:
1. reflect agreement in writing
2. define access or TS for nonrelocating parent or other persons who are entitled to access or TS
3. describe any necessary transportation for TS
What must parties do after reaching a written agreement consenting to relocation?
If there is an existing cause of action, judgment, or decree of record pertaining to the child’s residence or a timesharing schedule, the parties shall seek ratification of the relocation agreement by court order without the necessity of an evidentiary hearing unless a hearing is requested, in writing, by one or more of the parties to the agreement within 10 days after the date the agreement is filed with the court. If a hearing is not timely requested, it shall be presumed that the relocation is in the best interest of the child and the court may ratify the agreement without an evidentiary hearing.
What must a petition to relocate include?
- Must be signed under oath
- Description of location and address if possible
- Home phone of new home if known
- Date of intended move/proposed relocation
- detailed statement of the specific reasons for the proposed relocation. If one of the reasons is based upon a job offer that has been reduced to writing, the written job offer must be attached to the petition
- proposed PP with transportation & TS sxhedule - failure to do this renders petition legally insufficient
- Statement that says in ALL CAPS:
A RESPONSE TO THE PETITION OBJECTING TO RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS PETITION TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.
If parent petition to relocate doesn’t have all the info when filing, e.g. job offer, what must they do
They have a continuing duty to provide current and updated information required by this section when that information becomes known
What happens if parent fails to object to relocation
it is presumed that the relocation is in the best interest of the child and that the relocation should be allowed, and the court shall, absent good cause, enter an order specifying that the order is entered as a result of the failure to respond to the petition and adopting the access and time-sharing schedule and transportation arrangements contained in the petition. The order may be issued in an expedited manner without the necessity of an evidentiary hearing.
What happens if a parent relocates with child without consent or court order
Subjects the party in violation to contempt and other proceedings to compel the return of the child and may be considered by the court in any initial or post-judgment action seeking a determination or modification of the parenting plan or the access or time-sharing schedule as:
1.A factor in making a determination regarding the relocation of a child.
2.A factor in determining whether the parenting plan or the access or time-sharing schedule should be modified.
3.A basis for ordering the temporary or permanent return of the child.
- Sufficient cause to order the parent or other person seeking to relocate the child to pay reasonable expenses and attorney’s fees incurred by the party objecting to the relocation.
- Sufficient cause for the award of reasonable attorney’s fees and costs, including interim travel expenses incident to access or time-sharing or securing the return of the child.
What is required when filing an objection to relocation
Must be verified and include the specific factual basis supporting the reasons for seeking a prohibition of the relocation, including a statement of the amount of participation or involvement the objecting party currently has or has had in the life of the child.
Can the court enter an order restraining relocation of a child
The court may grant a temporary order restraining the relocation of a child, order the return of the child if a de facto relocation has previously taken place
What factors must the court considered when restraining relocation of child or other remedial relief for such action
1.That the petition to relocate does not comply with relo statue;
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.
When may a court grant temporary relocation pending final hearing
1.That the petition to relocate in compliance w statute and
2.From an examination of the evidence presented at the preliminary hearing, there is a likelihood that at 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.
What is the presumption with relocation
No presumption for or against even if relocating will changed the current schedule. Court must consider relo factors.
What factors must court consider for relocation
(1)The nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.
(2) The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.
(3)The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.
(4) The child’s preference, taking into consideration the age and maturity of the child.
(5) Whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.
(6)The reasons each parent or other person is seeking or opposing the relocation.
(7)The current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.
(8)That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.
(9)The career and other opportunities available to the objecting parent or other person if the relocation occurs.
(10)A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.
(11) Any other factor affecting the best interest of the child or as set forth in s. 61.13.
What is the burden of proof in relo?
Petitioning parent carried burden of preponderance of the evidence that relocation is in the best interest of the child.
THEN
Burden shifts to the nonrelocating parent or other person to show by a preponderance of the evidence that the proposed relocation is not in the best interest of the child.
