By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Relocation on Tuesday, February 10, 2015.
I will be speaking on a panel at the First Family Law American Inns of Court on the topic of Relocations. The topic addresses Florida’s relocation statute, expert evidence, the international aspects of relocations, and a view from a sitting circuit judge.
Florida’s Relocation Statute is Highly Technical
I’ve written about relocations before. The relocation statute, unlike much of family law, is highly technical. It involves fast deadlines, mandatory language, detailed service of pleading rules, font size requirements, detailed pleadings, and the list goes on.
Judges report that people frequently overlook key provisions of the statute, and children are losing in relocation cases because these strict pleading requirements and deadlines are not being met.
Florida’s Relocation Statute has an Intricate Analysis
There is no presumption in Florida anymore on whether you can move away with your child more than 50 miles from your principal residence.
Instead, courts evaluate 10-detailed and objective factors, and one catch-all factor. These factors cross over between legal standards developed over many decades litigation.
Relocations with Children Involves Risk
There is always a risk of harm associated with relocations. Your child could face difficulties in adjusting to a new environment, or have developmental needs which are impacted. Or, they simply are baseball fanatics and a move to a country without a baseball league could be devastating.
International Relocation
Moving away with a child to a foreign country raises other concerns, in addition to the in-state or in-country relocation. For instance, what are the new country’s cultural differences? Language and religious barriers could be an issue. Enforcing American orders in foreign countries is another big concern. The distance from the United States is also a big concern.
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