RELOCATION

1. RELOCATION By: Jordan Abramowitz, Esq. (With special gratitude to Jeffrey A. Weissman, Esq. and Jessica Laleh, Esq.)

2. WHEN DOES § 61.13001 APPLY? Final Orders Entered On Or After October 1, 2009 Existing (Likely Final) Orders Entered Prior To October 1, 2009 Which Do Not Expressly Govern Relocation

3. WHEN DOES § 61.13001 NOT APPLY? Agreements (e.g., MSA’s) Governing Possible Future Relocation Executed After October 1, 2009 Orders Entered Prior To October 1, 2009 Which Expressly Govern Relocation

4. WHEN IS § 61.13001 TRIGGERED? 50/60 RULE Greater Than 50Miles - “Straight-Line Radius Method Or “As The Crow Flies” From Principal Residence Of Parent At Time Of Last Order Establishing Or Modifying Time-Sharing Or At The Time Of Filing Change In That Principal Residence For 60Or More Consecutive Days

5. WHO IS SUBJECT TO § 61.13001? • Parent • Person Named By Court Order Or Express Written Agreement OR • Reflected As Parent On Birth Certificate AND Entitled To Access Or Time-Sharing With The Child • Other Person • Non-Parent With Whom Child Resides Or Who Has Time-Sharing Pursuant To Order Statute Does NOT Apply To Persons Who Have Never Invoked Jurisdiction Of Court! – See Rolison v. Rolison, 144 So. 3d 610 (Fla. 1st DCA 2014)

6. RELOCATION BY AGREEMENT • Written And Signed By Both Parties • Define Access/Time-Sharing Rights AND • Describe Transportation Arrangements • Filed With The Court • Ratified Without Evidentiary Hearing Unless Timely (10 Days) Requested

7. RELOCATION WITHOUT AGREEMENT PETITION TO RELOCATE MUST CONTAIN THE FOLLOWING (VERIFIED): • Location And Physical Address Of New Residence (If Known) • Mailing Address, If Different Than Physical (If Known) • Home Telephone Number (If Known) • Date Of Intended/Proposed Move • Statement Of Reasons/Attach Written Job Offer • Proposal For Substitute Access/TS And Transportation • WARNING STATEMENT RE: NEED TO FILE AND SERVE OBJECTION WITHIN 20 DAYS AFTER SERVICE OF PETITION TO RELOCATE

8. DUTY TO UPDATE • Must Update Relocation Information As It Becomes Known • (I.E., Proposed Physical Address, Mailing Address, Job Offer, Phone Numbers, etc.)

9. PETITION TO RELOCATE(SERVICE & FILING) IfNoAction Pending: • Certified Mail, Restricted Delivery, Return Receipt Requested; Or, • Service Per Chapter 48 Or 49

10. PETITION TO RELOCATE(SERVICE & FILING) If Action Pending: Service In Accordance With Rules (Regular Mail To Party (Or Email If Designated) OR If Represented, To Counsel Via Email Service.

11. OBJECTION TOPETITION TO RELOCATE Must Be Filed (And Served ?) 20 Days After Service. Must Be Verified Must Contain Detailed, Factual Reasons For Prohibiting Relocation, Including Personal Statement Of The Amount of Involvement In Child’s Life

12. FAILURE TO TIMELY OBJECT Oh Shit Moment! Creates Presumption That Relocation Is In Best Interests Of Child And Should Be Allowed Waives Right To Evidentiary Hearing On Relocation. Court To Enter Order And Adopt Proposed Time-Sharing Schedule And Transportation Arrangements (NOTE: Absent Good Cause) - Ryan v. Ryan, 252 So. 3d 272 (Fla. 4th DCA 2018)(Section 61.13001(3)(d) provides that where a parent fails to timely file a response objecting to a petition to relocate, the court shall enter an order granting the petition “absent good cause.”)

13. FAILURE TO COMPLY WITH PROCEDURE Contempt And Compel Return Of Child Factor In Determining Relocation Factor In Determining Or Modifying Time-Sharing Assessment Of Fees And Costs, Including Travel Expenses And Expenses To Secure Return Of Child

14. TEMPORARY RELIEF The Court Can Restrain Relocation Or Compel Return At Temporary Hearing IF: Defective Petition Relocation Without Agreement Or Order Deny Relocation If Unlikely To Prevail At Final Hearing

15. TEMPORARY RELIEF The Court Can Grant Relocation At Temporary Hearing IF: Proper Petition AND Likely To Prevail At Final Hearing Applying Same Factors May Require Relocating Party To Post Security

16. PRECEDENT OF TEMPORARY RELIEF Court Shall Not Give Any Weight To Temporary Ruling At Final Adjudication (Let’s All Pretend!) Case Likely To Be Over After Temporary Ruling

17. STATUTORY FACTORS AND CONSIDERATIONS §61.13001 (7) No Presumption In Favor Or Against Relocation - 11 Total Factors Some Factors Of Interest: (a)Child’s Relationship With Extended Family And Other Significant Persons (b) Age, Developmental Needs Of Child, Including Special Needs (d) Child’s Preference If Sufficient Age And Maturity (g) Whether Necessary To Improve Economics (h) Whether Objecting Party Is In Arrears (i) Career Opportunities of Objecting Party (k) Any Other Factor Affecting Child’s Best Interest - § 61.13 and § 61.13(3)(a-t)

18. BURDEN OF PROOF Preponderance Of Evidence Best Interests Of The Child Burden Initially On Movant If Met, Burden Switches To Non-Movant

19. Priority On Court’s Calendar Temporary Relief And Permanent Relief Temporary Hearing: 30 Days After Motion Is Filed (That’s Very Funny!) Final Hearing: 90 Days After Notice For Trial (That’s Even Funnier!) Absent Good Cause

20. PROCEDURAL CONSIDERATIONS AND CASE LAW Unless Parent Is Moving, Statute Does Not Apply; Does Not Matter If Child Is Moving – Krift v. Obenour, 152 So. 3d 645 (4th DCA, 2014) Nomenclature Screw-Up: Glitch Bill

21. PROCEDURAL CONSIDERATIONS AND CASE LAW • DCA Conflict Certified (1st & 2d DCA): Should Any Parent Entitled To Timesharing Be Required To File Relocation Action Before Moving? • 1st DCA – Yes: Brooks v. Brooks, 164 So. 3d 162 (Fla. 2d DCA 2015) • 2d DCA – No:Raulerson v. Wright, 60 So. 3d 487 (Fla. 1st DCA 2011) (Relocation Only Applies To The “Primary Residential Parent” Or Substantial Timesharing Parent)

22. PROCEDURAL CONSIDERATIONS AND CASE LAW Straight Line/As Crow Flies Standard – Dickson v. Dickson, 169 So 3d 287 (Fla. 5th DCA, 2015)(Mother Moved 49 Miles “As Crow Flies”) No Prospective Relocation – Arthur v. Arthur, 54 So. 3d 454 (Fla. 2010) Statute Applies Equally To Initial And Post Judgment Matters – See Brooks v. Brooks, 164 So. 3d 162 (Fla. 2d DCA 2015);Guizzardi v. Guizzardi, 89 So. 3d 967 (Fla. 3d DCA 2012)

23. PROCEDURAL CONSIDERATIONS AND CASE LAW • Statute Does Not Apply To Move That Occurs Prior To Any Case Filing – Rolison v. Rolison, 144 So. 3d 610 (Fla. 1st DCA, 2014) (Divorce) & Morell v. Ruiz, 3D16-1115 (Fla. 3d DCA 2016)(Paternity) • Note: § 61.13 Provides Separate Remedy If Child Was Removed From Jurisdiction Prior To Commencement Of Action • What Is In The Best Interest Of A Parent Is Not Necessarily The Same As The Best Interest Of A Child – Rossman v. Profera, 67 So. 3d 363 (Fla. 4th DCA 2011)

24. PROSECUTING A RELOCATION CASE: PRACTICE TIPS Objectively Assess Case From Inception Provide Client With Copy Of Statutory Factors Request Narrative In Support Of Each Factor Collect Evidence In Support Of Each Factor Strict Compliance With Statutory Mandates Prepare Detailed, Persuasive Petition

25. PROSECUTING A RELOCATION CASE: PRACTICE TIPS (CONT’D) Meaningful Job Offer: Obtain In Writing Hire CPA, Economist, And/Or Other Experts Prepare Economic Comparison Re: Superior Career Opportunity Prepare Economic Analysis Re: Cost Of Living Prepare Economic Analysis Re: Improved Lifestyle (Include Photos And Here-Versus-There Exhibit) Exhibit Re: Non-Compliance With Child Support Vocational Evaluation Of Opposing Side

26. PROSECUTING A RELOCATION CASE: PRACTICE TIPS (CONT’D) Prepare Detailed And Generous Plan Re: Alternate Time-Sharing/Costs Demonstrate Failure To Exercise Time-Sharing (Use Calendar Exhibit, IF Possible) Demonstrate Equivalence Of Alternate Plan And Current Plan Offer Virtual Time-Sharing Through Modern Technology

27. PROSECUTING A RELOCATION CASE: PRACTICE TIPS (CONT’D) Comparison of Schooling (Student/Teacher Ratios, Class Size, Reputation, Special Needs) Obtain Photographs, Literature, Rankings Re: Schooling

28. PROSECUTING A RELOCATION CASE: PRACTICE TIPS (CONT’D) Engage Forensic Psychologist Psychology Of Relocation: Ability Of Children To Adapt/Ages Of Children Psychological Literature Re: Advantages Of Uninterrupted Blocks Of Time

29. PROSECUTING A RELOCATION CASE: PRACTICE TIPS (CONT’D) Social Investigation/GAL Investigation Gather Witnesses Early/Interview (Include Grandparents, Aunts, Uncles, Cousins, Friends And Others in Proposed Geographic Area) Depose Objective Witnesses Early Propound Requests For Admissions, Interrogatories, Document Requests Depose Opposing Side/Witnesses Early Request And Schedule Temporary Hearing (if Necessary) Trial: Elicit Testimony of Statutory Factors/Cross

30. DEFENDING A RELOCATION CASE: PRACTICE TIPS Similar Advice To Prosecuting (i.e. Statutory Factors, Narrative, Etc.) Strict Compliance With Statutory Mandates Prepare Detailed, Persuasive Objection (Timely Served And Filed!!!)

31. DEFENDING A RELOCATION CASE: PRACTICE TIPS (CONT’D) Attack Proposed Justification For Relocation (Whose Best Interests Are Being Served?) Attack Economic Necessity Of Relocation Hire CPA, Economist, Vocational Counselor (Rebut Cost of Living, Better Lifestyle, Increased Earnings and Better Job Opportunities)

32. DEFENDING A RELOCATION CASE: PRACTICE TIPS (CONT’D) Demonstrate Nature And Quality Of Parent/Child Relationship And Extent Of Involvement In Child’s Life Videotapes And Other Demonstrative Evidence Attack Plan Of Substitute Time-Sharing Attack Prior Efforts Of Relocating Parent To Undermine Relationship

33. DEFENDING A RELOCATION CASE: PRACTICE TIPS (CONT’D) Engage Forensic Psychologist Psychology of Relocation: Inability of Children To Adapt/Ages Of Children Psychological Literature Re: Detriment Of Relocation To Close Parent/Child Relationships

34. DEFENDING A RELOCATION CASE: PRACTICE TIPS (CONT’D) Social Investigation/GAL Investigation Gather Witnesses Early/Interview (Include Grandparents, Aunts, Uncles, Cousins, Friends and Others Who Will Be Affected) Depose Objective Witnesses Early Propound Requests For Admissions, Interrogatories, Document Requests Depose Opposing Side/Witnesses Early Attack, Attack, Attack Necessity of Move Versus Effect Of Move Trial: Elicit Testimony of Statutory Factors/Cross

35. 2018 CASE LAW Overstreet v. Overstreet, 244 So.3d 1182 (Fla. 1st DCA 2018) Father's assignment to Guam for three years as a member of the Navy was a permanent change of station as defined by the Navy, rather than a temporary assignment, and thus statute allowing military service member to designate a family member to exercise member's timesharing with child while service member was under temporary assignment orders to relocate away from child did not apply to permit father to designate his parents to exercise his timesharing with child while he was stationed in Guam; legislature used term “temporarily assigned” to mean a duty assignment of up to six months away from member's permanent duty station, and father was offered an overseas housing allowance and to have his car shipped to him, which was consistent with Navy's definition of permanent change of station. Fla. Stat. Ann. §§ 61.13002(2), 61.13002(7).

36. Castleman v. Bicaldo, 248 So.3d 1181 (Fla. 4th DCA 2018) Statute governing parental relocation with a child applies not only to persons wishing to relocate voluntarily but also applies to persons who are forced to relocate by the government following a change in their marital status. Fla. Stat. Ann. §§ 61.13, 61.13001. Ryan v. Ryan, 252 So. 3d 272 (Fla. 4th DCA 2018) Section 61.13001(3)(d) provides that where a parent fails to timely file a response objecting to a petition to relocate, the court shall enter an order granting the petition “absent good cause.” THE END