Recent Posts in Relocations Category

Last week in Washington D.C., judges and experts from the United States and 14 other countries came together to discuss an issue that has garnered a lot of attention recently: international child relocations. The meeting was held to discuss how judges should go about determining whether or not a parent can move with a child to a foreign country over the objections of the other parent. Up for consideration is whether it is in the child's best interest to be so far away from his or her other parent, or if it is best for the child to gain worldly experience. But because there are no guidelines or set uniform way of determining these types of relocation cases, rulings are determined on a state-by-state, county-by-county, judge-by-judge basis.

At the conclusion of the meeting, properly named the "International Judicial Conference on Cross-Border Family Relocation," the attendees adopted a declaration to serve as framework that outlines what judges should consider in "cross-border family relocation" cases in effort to standardize how these types of cases are handled.

Some of the recommendations in the "Washington Declaration on International Family Relocation," include:

• Every state should adopt a set of legal procedures to address parents' rights to relocate with a child
• Parents need to inform the other parent of their intent to relocate within a reasonable amount of time
• The child's best interest should be the primary consideration
• Mediation should be used to try and settle this issue, as opposed to litigation. A voluntary settlement relocation agreement can also be used
• All countries are urged to sign both the 1980 and 1996 Hague Conventions
• Other factors all judges should consider include:
  • The child' right to maintain a solid relationship with both parents
  • The child's opinions and views over the matter (if the child is of a certain age and maturity)
  • Existing child custody arrangements
  • Schooling, employment, etc.
  • Reasons for relocating
  • A history of domestic violence or abuse

If you are thinking of relocating, whether to another city in Florida, another state, or another country, it's important to consult an attorney to ensure you go about the legal aspects of a relocation the right way. Furthermore, if your ex is trying to relocate with your children despite your objections, an attorney can help you try and stop the relocation from occurring.

At Ellerin Hutchinson, we have considerable experience helping parents throughout Jacksonville and Northeast Florida with relocation issues. Whether your goal is to get permission to move away with your children, or you are trying to prevent a relocation from occurring, you can depend on a Jacksonville family law attorney at our firm to protect your rights and aggressively advocate your cause. To learn more about how we can help you with a relocation issue, please contact Ellerin Hutchinson today by calling (904) 638-3134!

The state of Florida recently enacted new laws that provide specific instructions for divorce or separated parents who want to relocate with their children.  These guidelines state that any parent who wishes to move 50 or more miles from their current home must:

• Obtain written permission from the other parent, OR
• Obtain a court order that permits the relocation

If the parents agree to a relocation, then the parent wishing to move can do so without involving the courts. However, if the parents do not agree on the relocation, the parent who wants to relocate must serve a Petition to Relocate to the other parent.  Once this petition has been served, the other parent has 20 days to file an objection.  If the other parent does not file an objection, the court will permit the relocation.  If the other parent objects to the relocation, the parent who wants to move must prove why the relocation is in the best interest of the children.

Failure to serve a petition and/or relocating your children without a court order or permission from the other parent will be considered contempt of court, and can result in a number of penalties, including:

• The court could forbid the relocation
• The court could alter your current time sharing arrangement
• The court could demand that you return the child
• The court could order you to pay the other parent’s attorney fees and any travel expenses incurred from visiting the child or returning the child