Moving your child without following the Florida Statutes’ child relocation procedures can cause severe problems for the custodial parent who wants to move more than 50 miles from the non-custodial parent. Whether you are in the divorce/ paternity phase of your case or already have a court order about the kids, the court has authority over you. There are five good reasons to follow the new child relocation procedures.First, you can be held in contempt of court if you don’t follow the rules. Contempt means you did not obey a court order. A contempt order is serious. Once you are found in contempt of court, the judge can order you to jail. If that happens, you will first have the opportunity to “purge” or comply with the original order. Most likely, that means returning the child to your original location. Part of the procedure is to make new timesharing arrangements. You have to prove to the judge that you will follow through on those arrangements. If you are in contempt for not following the court’s rules, the judge may be less likely to believe your testimony.
Second, if you fail to follow the procedure before moving your children, the judge can consider your violation when deciding whether or not you can move the kids. If you’ve been found in contempt because you didn’t follow the rules, the judge may not believe your promises of continued meaningful contact between your children and their non-custodial parent. Remember Florida’s strong policy for involving both parents.
Third, the judge will also consider your failure to follow the procedure if the non-custodial parent files a petition to modify custody because you want to move away. Consistency and continuity are important for children, so the non-custodial parent may claim it’s in your children’s best interest to stay in the same area, with you having timesharing on holidays and in the summers.
Fourth, if you did not follow the relocation procedures, you may have to pay the other side’s reasonable expenses and attorney's fees. You may also have to pay interim travel expenses for visitation or post security for the return of the child. You may also have to provide reasonable security to guarantee that you will not interfere or interrupt the other parent’s court-ordered contact with the child.
Fifth, the court may even enter a temporary order prohibiting you from moving the children or requiring you to return them if you already moved, if the court finds:
- The required notice was not provided on time;
- The children have already been relocated without notice or written agreement or court approval; or
- The court finds preliminary evidence that there’s a likelihood it will not approve the relocation at the final hearing.