All About Relocation With a Minor Child – Part 3
What you need to know about temporary relocation.
This final blog in the series relating to relocation with a minor child in the state of Florida will explain important information regarding the reasons for and how to obtain the courts permission for temporary relocation. As explained in the first two blogs it is considered breaking the law if a parent or person having timesharing with or access to a minor child chooses to permanently relocate for more than 60 consecutive days and a distance of greater than 50 miles without first obtaining permission to relocate from the court in the form of a ratified court order allowing relocation. In Florida Statute 61.13001 not only are the guidelines for obtaining a permanent relocation involving a minor child explained, there are also guidelines for temporary relocation.
There are two times a temporary order may be issued by the court.
- Ordering the return of a child relocated without court permission and/or a restraining order against relocating a child until or if the relocation order allowing relocation is awarded.
- A temporary order permitting relocation.
In the first instance, if the relocation has occurred without court approval or written agreement by required persons or if the petition to relocate was not served in a timely fashion or was not properly executed, the person relocating must return with the child. If it appears someone may relocate a minor child without proper court ratified permission, a temporary order not allowing relocation will be adjudicated. Serious consequences may result if these orders are ignored including but not limited to, being in contempt of court, having the likelihood of a permanent relocation not be granted, having child support, timesharing, and assess to rights significantly modified or even discontinued, and having to pay a fair portion of transportation and attorney costs. In the extreme, a kidnapping charge can be issued if a minor child is not returned as ordered.
The second instance for temporary relocation is when it is necessary for a minor child to be relocated during the waiting period between properly filing the petition for relocation, proper serving of said petition, and also complying with the statutory requirements of 61.13001(6)(b) 1, Fla. Stat. and the final hearing to determine the outcome for permanent relocation. To receive an order allowing temporary relocation it is also necessary to give evidence presented during the preliminary hearing, which shows the likelihood that the court will approve a permanent relocation. The same factual evidence as would be needed to allow a final judgment permitting relocation must support this evidence. It is important to note that obtaining temporary permission to relocate does not mean permanent relocation will automatically be granted. A full trial of all evidence, old and new, will still be required to give both sides a chance to pursue their needs and concerns. Additionally, when a temporary order allowing relocation is ordered, reasonable security both financial and otherwise may be required. Finally, continuing and uninterrupted court-ordered contact with the child by persons allowed such contact must be continued without interference as stated in the final decree pertaining to the minor children.
If you are looking to obtain court permission to relocate on a temporary basis while waiting to gain a permanent court order to relocate, it is important to have an experienced family law attorney represent you to avoid complications and even possible, though unintended, breaches of the law. For those living in Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Orange, or Hillsborough counties, Grant Gisondo is an experienced family law attorney who can be there for you. His office is in West Palm Beach where he offers a free, in-office, initial consultation, when he will meet with you personally to answer questions and explain how he can help. You can call (561) 530-4568 to make an appointment.