This article continues my discussion on legal issues which arise when a parent removes a child from our state. My last article discussed when parents may remove a child from Florida without consent. Our state will only require permission or a Court Order if the move is greater than fifty miles and will last for longer than sixty days. An experienced attorney can assist you with determining how the Court may view the facts of your given situation. In this article, I will be discussing the consequences which a parent faces if they violate these legal standards. If you are in need of assistance then contact my office today to speak with a Melbourne lawyer.
When a parent violates the provisions of Fla. Statute 61.13001(1)(e) then they may be held in Contempt of Court and the Judge will often require that the child be returned to Florida. Being held in contempt can result in being ordered to pay the other side’s legal fees and can even result in incarceration (in some instances). Also, the offending parent becomes more likely to be seen as someone who either does not or will not follow Court Orders. This can weigh against the offending parent if their counterpart asks for a change in child custody. Moreover, even if the Court is not willing to immediately change custody, a violation will often weigh heavily against the offending parent if they were to ever ask the Court for permission to relocate in the future.
As stated above, Courts will often require that a child be returned to Florida if they have improperly been removed from the state without consent. When this occurs, the Court may issue what is known as a “pick up Order.” This is an Order stating that the child is to be returned to the state (and the care of the other parent) immediately. It will also instruct that local law enforcement, wherever the child may be located, assist with the pickup of the child and the retrieval of their belongings. This last component is important as law enforcement will not become involved in child exchanges unless explicitly ordered by the Court to do so. Quite often, the non-offending person will travel to the child’s location so that they may take immediate custody of the child.
There is seldom a justification for violating a Court Order. It is understandable that parents sometimes take their children out of state out of a belief that their child is in some form of danger. If the facts are that the child is facing a threat of immediate and imminent harm, then the correct course of action is typically to contact law enforcement and inform them of the situation. It is then wise to contact an attorney as soon as possible. If the matter is an emergency, but harm is not imminent, then an attorney can take steps to gain an immediate hearing with the Court. In short, engaging in “self help,” and taking the child out of state in violation of an Order will seldom lead to a good outcome.
If you are in need of assistance then contact my office online or by telephone to speak with a Melbourne child relocation lawyer. I understand that out of state moves are one of the most contested areas in family law and that this is a difficult time. My office will work to provide the highest level of representation and to protect your interests. We look forward to speaking with you.
My firm also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.