Thursday, November 6, 2014
It is error for Judge to permit temporary relocation of child without requisite findings
The parties MSA contained agreement that it was in child's best interest that parents live in close proximity in Miami-Dade county. The Mother petitioned subsequently to move to North Carolina. The Father objected. A few weeks prior to the matter going to trial, the Mother petitioner the court for an emergency hearing for temporary relocation, which the court permitted without taking any testimony! This was an abuse of discretion and an error as a matter of law because the court failed to take evidence or testimony to provide a factual basis to support its finding pursuant to section 61.13001. The 3d DCA reversed and remanded for the court to make those findings
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