Motion for Order Permitting Relocation by Agreement

Other states have laws that address resettlement requirements. B. If the parent with whom the parent`s child resides most of the time receives temporary service, deployment, activation, or mobilization orders from the U.S. military that involve a transfer of a significant distance from the parent`s place of residence, a court cannot issue a final order to change parental rights and obligations and parent-child contact into an existing order until ninety days after the end of the mission. unless the parent agrees to a change. In Muller v. Muller [964 So. 2d 732 (Fla.3d DCA 2007], the Third Circuit Court of Appeals overturned a trial court`s decision to allow the relocation of a custodial mother to Colorado. The Third District (1) identified specific facts on which the trial court relied and which did not satisfy the legal factors with which they were associated by the lower court, and (2) concluded that there was no substantial and competent evidence for the decision of the court of first instance [see Muller v.

Muller, 964 So. 2d 732 (Fla.3d DCA 2007]. The District Court explained the lack of evidence on each legal element as follows (see Muller v. Muller, 964 So. 2d 732 (Fla.3d DCA 2007)): [iii] Priority of the contested relocation hearing. The admission or hearing of evidence as part of an application for a temporary or permanent relocation order must take precedence over the court`s schedule. If an application for a temporary transfer is made, a hearing must be held no later than 30 days after the application is filed, unless there are good reasons to schedule a subsequent hearing. If a decision is made to decide the case for a trial without a jury, the hearing must be held no later than 90 days after the notice is given, unless there is good cause for a later trial date [see Fla. Stat.

§ 61.13001(10); see also Fla. 2009 Acts, chap. 2009-180, § 4, on the amendment of Fla. Stat. § 61.13001(10)]. There are several reasons why you may want to move with your child, but if there are custody orders, your freedom of movement may be restricted. If you`re considering moving, now is the time to seek legal advice. Contact a duty attorney in your area today to discuss your situation and learn more about child resettlement laws in your state. [c] Requirements of the Agreement. According to the Resettlement Act, as amended in 2009 [see [a] above], an agreement authorizing resettlement by a parent or other person (see [b], above (definitions)] must be in writing and signed by the child`s parents and all other persons who are entitled to or have access to timeshare with the child.

[see Fla. Stat. § 61.13001(2)(a)]. The Resettlement Act does not explicitly stipulate that non-parents with whom a child is staying on the basis of a court order must also consent to resettlement by a parent or other person, but logically, these non-parents are included in this group [see Fla. Stat. § 61.13001 (1) (c) (definition of «other person»)]. The resettlement factors set out in the 2008 and 2009 versions of the Relocation Act are almost identical to the factors set out in the 2006 version of the Act and are similar to some of the factors set out in the 1997 version [see Fla. 2006. Laws, Chap. 2006-245, § 2; 1997 Fla. Laws, c. 97-242, § 1].

There are not many opinions from the district courts that apply the previous relocation factors. However, there are several such notices of appeal. Of these, two found the relocation inappropriate (see Paskiewicz v. Paskiewicz, 967 So. 2d 277 (Fla.3d LOAC 2007); Müller v. Müller, 964 So. 2d 732 (Fla.3d DCA 2007) ]. Another court held that the relocation permit was appropriate (see Norris v. Heckerman, 972 So. 2d 1098 (Fla. 1st DCA 2008)).

In addition, if the temporary relocation of the child is permitted, the court may require the person displacing the child to provide adequate financial or other security and ensure that court-ordered contact with the child is not interrupted or disrupted by the moving parent or any other person [Fla. Stat. § 61.13001 (6) (d)]. However, if you can prove that leaving your home state is in the best interests of the child, the court may allow it. However, you will usually need to file an application with the court and get permission before moving with your child. The Fifth District of Wraight also discussed the lack of authority over paragraph 61.13001(6)(c) and noted that there is no jurisdiction interpreting paragraph 61.13001(6)(c) or legislative history to explain this. In addition, the District Court referred to the fact that the Resettlement Act requires a court of first instance to weigh the same factors in a temporary decision that the court must weigh in a permanent resettlement decision [see Flach. Stat. § 61.13001(6)(b) (incorrectly called Fla. Stat.

§ 61.13001(6)(c) cited); see also Fla. Stat. § 61.13001(7) (resettlement factors).] The Fifth District hypothesized that the prohibition in paragraph 61.13001(6)(c) on considering temporary relocation when deciding whether permanent resettlement is permitted may be intended to ensure that the facts and issues relevant to a final resettlement decision are «fully considered at the de novo final hearing.» The District Court has also hypothesized that section 61.13001(6)(c) may be intended to mitigate injustices that may be perceived by an opposing parent if the custodial parent has been allowed to temporarily move with the child and then use evidence of successful removal to obtain an advantage over the objecting parent [see Wraight v. Wraight, 71 Sun.3d 139 (Fla. 5. TCA 2011) ]. Some states also require the moving parent to make a statement describing a «gullible» reason for the move, explaining how that reason justifies the inherent disruption of the child`s school schedule and emotional and social stability. Good faith reasons for a move could be the possibility: [b] Definitions of terms.

For actions to which the Relocation Act 2009 applies [see [a], above], the following definitions apply [see Fla. Stat. § 61.13001(1); see also Fla. 2009 Acts, chap. 2009-180, § 4, on the amendment of Fla. Stat. § 61.13001(1)]: [v] Factors apply to the determination of the question of temporary or permanent resettlement. There is a relatively detailed list of factors that a trial court must consider when deciding whether or not to allow temporary or permanent relocation. The factors are as follows [see Fla.

Stat. § 61.13001(7)(a)-(k); see also Fla. 2009 Acts, chap. 2009-180, § 4, on the amendment of Fla. Stat. § 61.13001(7)(a)-(k)]: I. An order or order that a court is considering or making during a parent`s military deployment outside the continental United States expressly refers to deployment and includes provisions for legal decision-making or the regulation of parental time, or both, of the minor child after the end of the assignment. Any parent may, at the end of the assignment, file an application with the court to vary the order or order in accordance with subdivision L of this section. The court shall hold a hearing or conference on the application within thirty days of the filing of the application. .