A child relocation case was recently decided by the Florida Court of Appeal in a case captioned C.G. v. MM. In this case, the mother appealed the trial court’s decision concerning custody and visitation. The parents were unmarried and separated in 2010. They had one child. The parties did not…
A Child Relocation case was recently decided by the Florida Court of Appeal in a case captioned Castleman v. Bicaldo. In this case, the mother emigrated from the Philippines to the United States in order to marry the Father. As a result of the marriage, she was able to obtain…
In a recently decided child relocation case, the parties had two minor children. The Wife wanted to relocate to Virginia with the children. The Husband opposed the relocation. The parties lived in Virginia for many years prior to moving to Florida. After the parties lived in Florida for two years,…
In Florida, child relocation is defined as a change in the location of the principal residence of a parent from his or her principal place of residence at the time of filing the pending action to establish or modify time-sharing or at the time of the last order establishing or…
In a child relocation case, the parent with substantial time-sharing and the parent who does not have substantial time-sharing are both required to seek court permission before relocating. In Brooks v. Brooks the trial court ordered the Father to file a petition to relocate pursuant to section 61.13001 when he…
The child relocation statute does not apply when the parent has relocated prior to the date of the filing of the dissolution petition. In Rolison v. Rolison the Florida Court of Appeal recently stated: “Appellant (the Father) appeals a non-final order denying his emergency verified motion to compel Appellee (the…
In a child relocation proceeding, when a parent violates a pretrial order addressing the removal of the child from the jurisdiction of the court, it is well within the discretion of the trial court to award sole responsibility to the parent who is properly before the court and compliant with…
In a child relocation proceeding, when the parties’ settlement agreement expressly prohibits a move, the party who seeks to relocate must show a substantial change in circumstances to justify the relocation. In Moore v. McIntosh the Florida Court of Appeal recently stated: “The trial court erred as a matter of…
In a child relocation proceeding, the court may only order temporary relocation where the relocating parent files and serves a petition. In Milton v. Milton, the Florida Court of Appeal stated that: “This Court reviews relocation determinations for abuse of discretion; however, the question of whether the trial court properly…
Relocation Rulings Relocation is a change in the location of the principal residence of a parent from his principal place of residence at the time of the last order related to time-sharing, or at the time of filing the pending action to establish or modify time-sharing “Prior to October 1,…