Yes. A Judge can order an unmarried Mother to return her child to Florida where she fled to another state-even though no paternity action was pending when she left

As illustrated in the recent case of Shiba v. Gabay, 38 FLW D1690 (Fla.4th DCA) opinion filed August 7, 2013, the Mother appealed the trial court's order requiring the return of the parties' child from Illinois to Florida. The parties, an unmarried couple, had a child together in 2009 and resided in Florida together until January 19, 2012 when the mother moved with the child to Illinois without the father's knowledge or approval while he was out of town. Once in Illinois with the child, she filed an emergency order for protection, alleging domestic abuse by the father. Their were several hearings to establish jurisdiction with Illinois ultimately dismissing proceedings in favor of Florida finding that Florida was the child's home state.
When the hearing came before the court, the father presented evidence. After assessing all of the evidence submitted by the parties, whihc included the testimony of the mother and maternal grandmother, the trial court ordered the immediate return of the child, who had now been away for over a year with no contact with the child's father. The DCA reviewed the trial court's order for the immediate return of the child and the Order setting time sharing for an abuse of discretion. The Mother's main argument was that the trial court denied her Illinois' witnesses from testifying by denying her motion to continue, which had not been filed until Fenruary before the heating set for March in which the parties had five months notice. The court denied her motion to continue and the DCA found no abuse of discretion in doing so. In addition, the mother and the grandmother testified, so the court did have evidence regarding the child's care and treatment in IIlinois. She also argued that the Court limited her testimny on domestic violence. which the DCA found not an abuse of discretion as the purpose of the hearing was with regard to return of the child to Florida, and paternity and custody issues. The Judge ruled and specifically noted he had considered all the factors in section 61.13001. The Judge also noted that his findings were not what was best for the Father or the Mother, but only the child -as is required by statute. Following this appeal, the Mother moved back to Florida and entered into an agreed time-sharing with the father such that the time sharing issues on appeal were now moot.