Section 61.13001, Florida Statutes (2006), titled “Parental relocation with a child,” establishes the procedures involved in the relocation of a child, whether relocation is sought after agreement between the parties or alternatively contested by one party. In the case of a contested relocation, the Legislature has stated that “[n]o presumption shall arise in favor of or against a request to relocate with the child when a primary residential parent seeks to move the child and the move will materially affect the current schedule of contact, access, and time-sharing with the nonrelocating parent or other person.” § 61.13001(7), Fla. Stat. (2006). Instead, section 61.13001(8) states:
The parent or other person wishing to relocate has the burden of proof if an objection is filed and must then initiate a proceeding seeking court permission for relocation. The initial burden is on the parent or person wishing to relocate to prove by a preponderance of the evidence that relocation is in the best interest of the child. If that burden of proof is met, the burden shifts to the non-relocating parent or other person to show by a preponderance of the evidence that the proposed relocation is not in the best interest of the child.
(MORE TO COME)

A case that came into our office this week has reminded me how many people have no idea about Florida’s laws on relocation. If you have children, and your children’s other parent doesn’t agree with you moving, you cannot just pick up and leave, unless you’re willing to leave the children behind! Florida law has changed again. Now, you must file a Petition for Modification/Relocation, alleging all of the statutory reasons for your proposed move and meeting all the requirements for listing a substitute time-sharing schedule and more. The other parent has 20 days to file an Answer to the Petition, objecting to the relocation. The case will then proceed to an eventual final hearing where the Judge will decide whether or not the relocation will be permitted. This relocation restriction applies to all family cases. It doesn’t matter if you were not married to the children’s other parent. If they are the birth parent, and their name is on the birth certificate or has otherwise been established to be the parent by law, then their parental rights cannot be ignored. An Injunction can be obtained to prevent a parent planning such a move from going ahead with it until a hearing can be had.

So what happens when someone moves anyway? We enllist the help of the courts, who can issue an Emergency Child Pick-Up Order, which can be enforced in any jurisdiction, including many foreign countries. In addition, we use law enforcement to force the return of the children. And if the mother of the three children whose father I represent leaves for Texas tonight and fails to show up at her emergency hearing tomorrow morning, I plan to arrange a warm welcome for her when she pulls into her driveway of her new Texas home, where local and federal law enforcement will be waiting for her to take her into custody for Parental Kidnapping and return the children on the next plane back to Fort Lauderdale.