Parental Relocation With a Child
In general, a parental relocation with a child or children involves a change of residential address of more than 50 miles away from his or her principal place of residence at the time of the entry of the last order establishing or modifying the parenting plan or the time-sharing schedule. A relocation means a change in the principal residence of a child for a period of 60 consecutive days or more. It does not include a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.
When Parental Relocation is Allowed
The parental relocation with a child is allowed if the parents and every other person entitled to time-sharing with the child agree to the relocation and enter into a signed written agreement that includes a specific consent to the relocation, a time-sharing schedule for the non-relocating parent and any transportation arrangements related to the visitation. When there is an existing cause of action, judgment, or decree of record pertaining to the child's residence or a time-sharing schedule, the parties must obtain the court’s written ratification of the agreement.
In the event of no agreement, then the parent intending to relocate with the child must notify the other parent of the proposed relocation of the child's residence by preparing and providing a written Notice of Intent to Relocate. This notice must contain certain required information and it must be provided to the other parent in a prescribed manner. Failure to follow these rules could result in a court refusing to allow the relocation and possibly ordering a parent who has already moved to return the child immediately. It is important then that all the rules be followed.
Parental Objection to Child Relocation
If the other parent or any other person entitled to time-sharing with the child objects to the relocation notice, he or she must file a timely written objection to the Notice of Intent to Relocate with the Court. If the other parent fails to timely file an objection, it shall be presumed that the relocation is in the best interest of the child and the relocation shall be allowed. The Court would then enter an order adopting the time-sharing schedule and transportation arrangements contained in the Notice of Intent to Relocate. If an objection is timely filed, the burden returns to the parent seeking to relocate to initiate court proceedings to obtain court permission to relocate prior to moving.
The act of relocating the child after failure to comply with the notice of intent to relocate procedure subjects the party in violation thereof to contempt and other proceedings to compel the return of the child. This action may also be used against that party in a modification proceeding, in the ultimate determination regarding the relocation of a child, or a basis for ordering the temporary or permanent return of the child. Such an improper relocation may also be sufficient cause to order the parent to pay reasonable expenses and attorney's fees incurred by the party objecting to the relocation.
The court may grant a temporary order restraining the relocation of a child or ordering the return of the child if a relocation has previously taken place; or other appropriate remedial relief, if the court finds the procedures of Florida family law have not been complied with. The court may grant a temporary order permitting the relocation of the child pending final hearing. However, the temporary relocation decision should not be given any weight in determining the final decision related to the relocation of the child. The Court my require the person relocating the child, pursuant to a temporary relocation, 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.
Court Weighs All Factors
There is no legal presumption for or against the request to relocate with the child. In reaching its decision regarding a proposed temporary or permanent relocation, the court shall evaluate many factors including the nature and extent of the involvement of the child’s relationship with each of the parents and siblings; the age and developmental stage of the child; the needs of the child; the impact of the relocation on the child; any special needs of the child; the feasibility of preserving the relationship between the non-relocating parent and the child through substitute arrangements; the financial circumstances of the parties; the child's preference (taking into consideration the age and maturity of the child); whether the relocation will enhance the general quality of life for both the parent seeking the relocation and the child; the reasons of each parent or other person for seeking or opposing the relocation; the current employment and economic circumstances of each parent; whether 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; the career and other opportunities available to the objecting parent or objecting other person if the relocation occurs; a history of substance abuse or domestic violence and any other factor affecting the best interest of the child.
The parent wishing to relocate has the burden of proof if an objection is filed. Said burden must show that the relocation is in the best interest of the child. Once this burden has been met, the burden shifts to the non-relocating parent to show that it is not in the best interest of the child.
An evidentiary hearing on the issue of either a temporary or permanent relocation request is accorded priority on the court’s calendar.
The new relocation statute applies to all orders entered before October 1, 2006, if the existing order or time-sharing agreement does not expressly govern the relocation of the child; to any order regarding the parenting plan, custody, or time sharing, whether temporary or permanent; which was entered on or after October 1, 2006.