The Florida Senate

61.45  Court order of visitation or custody; risk of violation; bond.--

(1)  In a proceeding in which the court enters an order of child custody or visitation, including in a modification proceeding, upon the presentation of competent substantial evidence that there is a risk that one party may violate the court's order of visitation or custody by removing a child from this state or country or by concealing the whereabouts of a child, or upon stipulation of the parties, the court may:

(a)  Order that a parent may not remove the child from this state without the notarized written permission of both parents or further court order;

(b)  Order that a parent may not remove the child from this country without the notarized written permission of both parents or further court order;

(c)  Order that a parent may not take the child to a country that has not ratified or acceded to the Hague Convention on the Civil Aspects of International Child Abduction unless the other parent agrees in writing that the child may be taken to the country;

(d)  Require a parent to surrender the passport of the child; or

(e)  Require that party to post bond or other security.

(2)  If the court enters an order of child custody or visitation, including in a modification proceeding, that includes a provision entered under paragraph (1)(b) or paragraph (1)(c), a certified copy of the order should be sent by the parent who requested the restriction to the Passport Services Office of the United States Department of State requesting that they not issue a passport to the child without their signature or further court order.

(3)  In assessing the need for a bond or other security, the court may consider any reasonable factor bearing upon the risk that a party may violate a visitation or custody order by removing a child from this state or country or by concealing the whereabouts of a child, including but not limited to whether:

(a)  A court has previously found that a party previously removed a child from Florida or another state in violation of a custody or visitation order, or whether a court had found that a party has threatened to take a child out of Florida or another state in violation of a custody or visitation order;

(b)  The party has strong family and community ties to Florida or to other states or countries, including whether the party or child is a citizen of another country;

(c)  The party has strong financial reasons to remain in Florida or to relocate to another state or country;

(d)  The party has engaged in activities that suggest plans to leave Florida, such as quitting employment; sale of a residence or termination of a lease on a residence, without efforts to acquire an alternative residence in the state; closing bank accounts or otherwise liquidating assets; or applying for a passport;

(e)  Either party has had a history of domestic violence as either a victim or perpetrator, child abuse or child neglect evidenced by criminal history, including but not limited to, arrest, an injunction for protection against domestic violence issued after notice and hearing under s. 741.30, medical records, affidavits, or any other relevant information; or

(f)  The party has a criminal record.

(4)  The court must consider the party's financial resources prior to setting the bond amount under this section. Under no circumstances may the court set a bond that is unreasonable.

(5)  Any deficiency of bond or security shall not absolve the violating party of responsibility to pay the full amount of damages determined by the court.

(6)(a)  Upon a material violation of any custody or visitation order by removing a child from this state or this country or by concealing the whereabouts of a child, the court may order the bond or other security forfeited in whole or in part.

(b)  This section, including the requirement to post a bond or other security, does not apply to a parent who, in a proceeding to order or modify child custody or visitation, the court determines is a victim of an act of domestic violence or has reasonable cause to believe he or she is about to become the victim of an act of domestic violence, as defined in s. 741.28 An injunction for protection against domestic violence issued pursuant to s. 741.30 for a parent as the petitioner which is in effect at the time of the court proceeding shall be one means of demonstrating sufficient evidence that the parent is a victim of domestic violence or is about to become the victim of an act of domestic violence, as defined in s. 741.28, and shall exempt the parent from this section, including the requirement to post a bond or other security. A parent who is determined by the court to be exempt from the requirements of this section must meet the requirements of s. 787.03(6) if an offense of interference with custody is committed.

(7)(a)  Upon an order of forfeiture, the proceeds of any bond or other security posted pursuant to this subsection may only be used to:

1.  Reimburse the nonviolating party for actual costs or damages incurred in upholding the court's order of custody or visitation.

2.  Locate and return the child to the residence as set forth in the visitation or custody order.

3.  Reimburse reasonable fees and costs as determined by the court.

(b)  Any remaining proceeds shall be held as further security if deemed necessary by the court, and if further security is not found to be necessary; applied to any child support arrears owed by the parent against whom the bond was required, and if no arrears exists; all remaining proceeds will be allocated by the court in the best interest of the child.

(8)  At any time after the forfeiture of the bond or other security, the party who posted the bond or other security, or the court on its own motion may request that the party provide documentation substantiating that the proceeds received as a result of the forfeiture have been used solely in accordance with this subsection. Any party using such proceeds for purposes not in accordance with this section may be found in contempt of court.

History.--s. 4, ch. 2002-65.