RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
“Prospective clients may not obtain the same or similar results.”
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Temporary Relocation Orders

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Family in need of attorney

There are a variety of remedial measures available when concerns arise over relocating with a child—seeking a Temporary Relocation Order is one option. Depending on the circumstances, the option to seek a temporary order is available to any person entitled access to or time-sharing with a child. In most cases the person seeking a temporary order is a parent. However, any other person entitled access to the child, may also seek protection from the court through a temporary order (i.e. where there is an order in place which grants visitation to a grandparent or other person).

The Gainesville Family Law Attorneys of the Law Office of Alba & Yochim P.A. have handled numerous relocation cases, and successfully obtained temporary orders on behalf of our clients when the circumstances present the need for such protection.

In some cases, a temporary order may be necessary to protect the legal interests of a nonrelocating parent or other interested person entitled access to or time-sharing with a child. There are several forms of relief that the court may grant to the party requesting a temporary order, including:

  • Temporary order restraining the relocation of a child
  • Temporary order requiring the return of a child, if relocation has already occurred
  • Temporary order providing other appropriate relief

Prior to the court granting a temporary order regarding the relocation of a child, a preliminary hearing will be held. The court may grant a temporary order if it finds that one of following three circumstances are present: (1) a petition to relocate does not comply with statutory requirements; (2) A relocation occurred without prior written agreement or court approval; and (3) evidence presented at the preliminary hearing demonstrates a likelihood that a petition to relocate will ultimately be denied.

In other cases, the parent or other person relocating with a child may wish to seek a temporary order permitting relocation of the child pending a final hearing on the matter. Pursuant to Florida statute, the court may grant a temporary order permitting the relocation of the child pending final hearing, if the court finds that BOTH of the following: (1) That the petition to relocate was properly filed and is otherwise in compliance with Florida’s relocation statute; and (2) evidence presented at the preliminary hearing demonstrates a likelihood that a petition will ultimately be granted.

It is important to note that a temporary order permitting relocation must be “supported by the same factual basis as would be necessary to support approving the relocation in a final judgment.” Given the discretionary authority granted to the court, and in also considering that a preliminary hearing must be held, it is easy to see how securing an attorney can safeguard your rights and interests.

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While the best interests of the child are paramount to a court’s ruling, the legal rights of a parent or other person entitled access to or time-sharing with a child, must also be taken into consideration. Consequently, if the court finds that the move will materially affect the current schedule of contact, access, and time-sharing with the nonrelocating parent or other person, or good cause for denying the relocation otherwise exists, the court may rule against a request for temporary relocation.

The court may also impose preconditions to a temporary order regarding relocation. In other words, the court’s approval of a temporary relocation, may be dependent upon the relocating parent or other person’s adherence to the conditions set forth in the order. Pursuant to Florida Statute 61.13001(6)(d):

If temporary relocation of a child is approved, the court may require the person relocating the child 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.

A common inquiry, of clients seeking to relocate, is the length of time that it may take to obtain a temporary order. In particular, clients often ask—How soon will a hearing be held following the filing of a motion requesting the entry of a temporary order? As provided by statute, absent good cause, the hearing must occur no later than 30 days after a motion for a temporary order has been filed.

Another important consideration, for both relocating and nonrelocating parties, is the non-influential effect a temporary order will have on the court’s ultimate ruling on a relocation matter. The court’s factual findings at a preliminary hearing regarding a temporary relocation will not affect the court’s determination at a final hearing regarding relocation. Likewise, if a party fails to reassert evidence that was presented at a preliminary hearing, and such evidence is not already part of the official record, the court will generally not consider this evidence in entering a final judgment.

Whether you’re seeking immediate approval to temporarily locate, or you’re a nonrelocating parent or other person entitled access to or time-sharing with a child, the Gainesville Family Law Attorneys, of the Law Office of Alba & Yochim P.A., have the experience and skill necessary to assist you with your relocation concerns. With more than three decades of practice experience, we remain dedicated to providing superior legal representation to the members of our community, through our aggressive, yet compassionate, approach.