This is the next article in my series on the question of “can a parent take a child out of Florida without the other parent’s consent?” My last article discussed the process of gaining court approval for relocating a child. One must understand that the Court’s sole concern in such situations is how the proposed move will benefit the child. A requesting parent, therefore, must be prepared to provide specifics to the Court in regard to potential benefits. An experienced attorney can assist you with preparing such a request. Unfortunately, there are times when a parent does take a child out of state without requisite content. This article will address gaining the return of the child in such situations. If you are in need of assistance then contact my office today to speak with a Melbourne lawyer.
When a parent has taken a child and is refusing to return them, then it will be necessary to involve the Court. In such situations, parents often call law enforcement and provide the police with a copy of their child custody order to show that the order is being violated. Such parents are often surprised to learn that law enforcement will not get involved unless the Court issues an additional order. A parent, therefore, must file a Motion (AKA a “Supplemental Petition”) requesting that the child be returned. The Court will typically issue an order saying that the child is to be returned and that local law enforcement, in whatever jurisdiction the child has been taken, is to assist in retrieving the child. The Court will also typically issue an “order to show cause” to the offending party, which will require them to appear in Court and demonstrate why they should not be held in contempt for violating an order.
At the show cause hearing, the Court will often reach a finding of contempt. This is due to the fact that there are few, if any, reasons for a parent to engage in self-help and violate an order. The facts of the case will determine if the contempt finding simply results in an admonishment from the Court or if deeper sanctions are required. In extreme situations, the Court may order that the offending parent serve a minimal jail sentence. In most cases, the offending parent can expect to be ordered to pay their counterpart’s legal fees. Also, the Court may be inclined to change child custody in favor of the other parent in egregious cases or if the overall facts of the matter show that a change is in the best interest of the child.
An important point to note is that parents should contact an attorney immediately if their child has been taken out of state, by their counterpart, without consent. The longer one waits to bring the matter before the Court then the less likely the Judge will be to consider the matter an emergency. Additionally, if one delays the bringing of legal action then the Court may even question whether, in fact, consent was given for the move. By taking immediate action, a parent can protect their interests as well as those of the child.
If you need assistance with gaining the return of a child then contact my office today to speak with a Melbourne family law lawyer. I regularly deal with matters involving child custody and child relocation and my firm recognizes the urgency of such situations. We will quickly file any necessary Motions with the Court. We strive to provide a high level of representation and we look forward to speaking with you. Contact us online or by telephone for an initial consultation. 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.