Relocation Flashcards
Can a parent relocate with their child prior to the commencement of an action in Florida without complying with F.S. 61.13001.
Yes.
Is it appropriate for a Court to order the return of a minor child to Florida when one parent relocated with the child without complying with F.S. 61.13001 after divorce.
Yes.
What must be included in a petition for relocation?
A relocation petition must be strictly complied with. Substantial compliance is not enough. 61.13001 provides the following must be included: 1. a description of the location of the intended new residence, if not the same as the physical address, if known; 2. the mailing address of the intended new residence, if not the same as the physical address, if known; 3. home telephone number of intended new residence, if known; 4. the date of the intended move or proposed relocation; 5. a 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; 6. a proposal for the revised post-relocation schedule for access and time-sharing together with a proposal for post-relocation transportation arrangements necessary to effectuate the timesharing; 7. statement advising opposing party that they must object in writing IN ALL CAPS.
What factors does the Court consider to determine a contested relocation?
CRAPPER DOGS A
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; 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 qualify of life for both the parent or other person seeking the relocation of 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 the marital property and marital debt obligations.
9. The career and other opportunities 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 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 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 miles 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 - because 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 timesharing for nonrelocating parent or other persons who are entitled to access or timesharing
3. describe any necessary transportation for timesharing
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.
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 consider when restraining relocation of child or other remedial relief for such action?
1.That the petition to relocate does not comply with relocation 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 with the 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.
