| 1 | The Civil Justice Committee recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to parental relocation with a child; |
| 7 | amending s. 61.13, F.S.; deleting standards for |
| 8 | determining whether to allow a primary residential parent |
| 9 | to move a child; creating s. 61.13001, F.S.; providing |
| 10 | definitions; providing for notification of certain persons |
| 11 | of the intent to relocate the child and providing |
| 12 | procedures therefor; requiring certain information to be |
| 13 | provided on a Notice of Intent to Relocate; providing |
| 14 | procedures for objecting to the relocation of a child; |
| 15 | providing applicability of public records law; providing |
| 16 | for content of an objection to relocation; authorizing the |
| 17 | court to grant a temporary order restraining the |
| 18 | relocation of a child under certain circumstances; |
| 19 | prohibiting certain presumptions and requiring certain |
| 20 | factors to be evaluated by the court with regard to |
| 21 | relocation of a child; assigning the burden of proof in |
| 22 | cases of relocation of a child; authorizing the court to |
| 23 | order certain contact with the child by the nonrelocating |
| 24 | party; granting priority for certain hearings and trials |
| 25 | under s. 61.13001, F.S.; providing applicability; |
| 26 | providing an effective date. |
| 27 |
|
| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
|
| 30 | Section 1. Paragraph (d) of subsection (2) of section |
| 31 | 61.13, Florida Statutes, is amended to read: |
| 32 | 61.13 Custody and support of children; visitation rights; |
| 33 | power of court in making orders.-- |
| 34 | (2) |
| 35 | (d) No presumption shall arise in favor of or against a |
| 36 | request to relocate when a primary residential parent seeks to |
| 37 | move the child and the move will materially affect the current |
| 38 | schedule of contact and access with the secondary residential |
| 39 | parent. In making a determination as to whether the primary |
| 40 | residential parent may relocate with a child, the court must |
| 41 | consider the following factors: |
| 42 | 1. Whether the move would be likely to improve the general |
| 43 | quality of life for both the residential parent and the child. |
| 44 | 2. The extent to which visitation rights have been allowed |
| 45 | and exercised. |
| 46 | 3. Whether the primary residential parent, once out of the |
| 47 | jurisdiction, will be likely to comply with any substitute |
| 48 | visitation arrangements. |
| 49 | 4. Whether the substitute visitation will be adequate to |
| 50 | foster a continuing meaningful relationship between the child |
| 51 | and the secondary residential parent. |
| 52 | 5. Whether the cost of transportation is financially |
| 53 | affordable by one or both parties. |
| 54 | 6. Whether the move is in the best interests of the child. |
| 55 | Section 2. Section 61.13001, Florida Statutes, is created |
| 56 | to read: |
| 57 | 61.13001 Parental relocation with a child.-- |
| 58 | (1) DEFINITIONS.--As used in this section: |
| 59 | (a) "Change of residence address" means the relocation of |
| 60 | a child to a primary residence more than 50 miles away from his |
| 61 | or her current primary place of residence, unless the move |
| 62 | places the primary residence of the minor child less than 50 |
| 63 | miles from the nonresidential parent. |
| 64 | (b) "Child" means any person who is under the jurisdiction |
| 65 | of a state court pursuant to the Uniform Child Custody |
| 66 | Jurisdiction and Enforcement Act or is the subject of any order |
| 67 | granting to a parent or other person any right to residential |
| 68 | care, custody, or visitation as provided under state law. |
| 69 | (c) "Court" means the circuit court in an original |
| 70 | proceeding which has proper venue and jurisdiction in accordance |
| 71 | with the Uniform Child Custody Jurisdiction and Enforcement Act, |
| 72 | the circuit court in the county in which either parent and the |
| 73 | child reside, or the circuit court in which the original action |
| 74 | was adjudicated. |
| 75 | (d) "Other person" means an individual who is not the |
| 76 | parent and who, by court order, maintains the primary residence |
| 77 | of a child or has visitation rights with a child. |
| 78 | (e) "Parent" means any person so named by court order or |
| 79 | express written agreement that is subject to court enforcement |
| 80 | or a person reflected as a parent on a birth certificate and in |
| 81 | whose home a child maintains a primary or secondary residence. |
| 82 | (f) "Person entitled to be the primary residential parent |
| 83 | of a child" means a person so designated by court order or by an |
| 84 | express written agreement that is subject to court enforcement |
| 85 | or a person seeking such a designation, or, when neither parent |
| 86 | has been designated as primary residential parent, the person |
| 87 | seeking to relocate with a child. |
| 88 | (g) "Principal or primary residence of a child" means the |
| 89 | home of the designated primary residential parent. For purposes |
| 90 | of this section only, when rotating custody is in effect, each |
| 91 | parent shall be considered to be the primary residential parent. |
| 92 | (h) "Relocation" means a change in the principal residence |
| 93 | of a child for a period of 60 consecutive days or more but does |
| 94 | not include a temporary absence from the principal residence for |
| 95 | purposes of vacation, education, or the provision of health care |
| 96 | for the child. |
| 97 | (2) NOTICE OF INTENT TO RELOCATE WITH A CHILD.--A parent |
| 98 | who is entitled to primary residence of the child shall notify |
| 99 | the other parent, and every other person entitled to visitation |
| 100 | with the child, of a proposed relocation of the child's |
| 101 | principal residence. The form of notice shall be according to |
| 102 | this section: |
| 103 | (a) The parent seeking to relocate shall prepare a Notice |
| 104 | of Intent to Relocate. The following information must be |
| 105 | included with the Notice of Intent to Relocate and signed under |
| 106 | oath under penalty of perjury: |
| 107 | 1. A description of the location of the intended new |
| 108 | residence, including the state, city, and specific physical |
| 109 | address, if known. |
| 110 | 2. The mailing address of the intended new residence, if |
| 111 | not the same as the physical address, if known. |
| 112 | 3. The home telephone number of the intended new |
| 113 | residence, if known. |
| 114 | 4. The date of the intended move or proposed relocation. |
| 115 | 5. A detailed statement of the specific reasons for the |
| 116 | proposed relocation of the child. If one of the reasons is based |
| 117 | upon a job offer which has been reduced to writing, that written |
| 118 | job offer must be attached to the Notice of Intent to Relocate. |
| 119 | 6. A proposal for a revised postrelocation schedule of |
| 120 | visitation with the child. |
| 121 | 7. Substantially the following statement, in all capital |
| 122 | letters and in the same size type, or larger, as the type in the |
| 123 | remainder of the notice: |
| 124 |
|
| 125 | AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN |
| 126 | WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR |
| 127 | OTHER PERSON SEEKING TO RELOCATE WITHIN 30 DAYS AFTER |
| 128 | SERVICE OF THIS NOTICE OF INTENT TO RELOCATE. IF YOU FAIL |
| 129 | TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE |
| 130 | ALLOWED WITHOUT FURTHER NOTICE AND WITHOUT A HEARING. |
| 131 |
|
| 132 | 8. The mailing address of the parent or other person |
| 133 | seeking to relocate to which the objection filed under |
| 134 | subsection (4) to the Notice of Intent to Relocate should be |
| 135 | sent. |
| 136 |
|
| 137 | The contents of the Notice of Intent to Relocate are not |
| 138 | privileged. For purposes of encouraging amicable resolution of |
| 139 | the relocation issue, a copy of the Notice of Intent to Relocate |
| 140 | shall initially not be filed with the court but instead served |
| 141 | upon the nonrelocating parent, other person, and every other |
| 142 | person entitled to visitation with the child, and the original |
| 143 | thereof shall be maintained by the parent or other person |
| 144 | seeking to relocate. |
| 145 | (b) The parent seeking to relocate shall also prepare a |
| 146 | Certificate of Filing Notice of Intent to Relocate. The |
| 147 | certificate shall certify the date that the Notice of Intent to |
| 148 | Relocate was served on the other parent and on every other |
| 149 | person entitled to visitation with the child. |
| 150 | (c) The Notice of Intent to Relocate, and the Certificate |
| 151 | of Filing Notice of Intent to Relocate, shall be served on the |
| 152 | other parent and on every other person entitled to visitation |
| 153 | with the child. If there is a pending court action regarding the |
| 154 | child, service of process may be according to court rule. |
| 155 | Otherwise, service of process shall be according to chapters 48 |
| 156 | and 49. |
| 157 | (d) A person giving notice of a proposed relocation or |
| 158 | change of residence address under this section has a continuing |
| 159 | duty to provide current and updated information required by this |
| 160 | section when that information becomes known. |
| 161 | (e) If the other parent and any other person entitled to |
| 162 | visitation with the child fails to timely file an objection, the |
| 163 | relocation shall be allowed and the court shall enter an order. |
| 164 | If an objection is timely filed, the burden shifts to the parent |
| 165 | or person seeking to relocate to initiate court proceedings to |
| 166 | obtain court permission to relocate prior to doing so. |
| 167 | (f) The act of relocating the child after failure to |
| 168 | comply with the notice of intent to relocate procedure described |
| 169 | in this subsection subjects the party in violation thereof to |
| 170 | contempt and other proceedings to compel the return of the child |
| 171 | and may be taken into account by the court in any initial or |
| 172 | postjudgment action seeking a determination or modification of |
| 173 | residence, custody, or visitation with the child as: |
| 174 | 1. A factor in making a determination regarding the |
| 175 | relocation of a child. |
| 176 | 2. A factor in determining whether residence or contact, |
| 177 | access, visitation, and time-sharing arrangements should be |
| 178 | modified. |
| 179 | 3. A basis for ordering the temporary or permanent return |
| 180 | of the child. |
| 181 | 4. Sufficient cause to order the parent or other person |
| 182 | seeking to relocate the child to pay reasonable expenses and |
| 183 | attorney's fees incurred by the party objecting to the |
| 184 | relocation. |
| 185 | 5. For the award of reasonable attorney's fees and costs, |
| 186 | including interim travel expenses incident to visitation or |
| 187 | securing the return of the child. |
| 188 | (3) APPLICABILITY OF PUBLIC RECORDS LAW.--If the parent or |
| 189 | other person seeking to relocate a child, or the child, is |
| 190 | entitled to prevent disclosure of location information under any |
| 191 | public records exemption applicable to that person, the court |
| 192 | may enter any order necessary to modify the disclosure |
| 193 | requirements of this section in compliance with the public |
| 194 | records exemption. |
| 195 | (4) CONTENT OF OBJECTION TO RELOCATION.--An objection |
| 196 | seeking to prevent the relocation of a child shall be verified |
| 197 | and served within 30 days after service of the Notice of Intent |
| 198 | to Relocate. The objection shall include the specific factual |
| 199 | basis supporting the reasons for seeking a prohibition of the |
| 200 | relocation, including a statement of the amount of participation |
| 201 | or involvement the objecting party currently has or has had in |
| 202 | the life of the child. |
| 203 | (5) TEMPORARY ORDER.-- |
| 204 | (a) The court may grant a temporary order restraining the |
| 205 | relocation of a child or ordering the return of the child, if a |
| 206 | relocation has previously taken place, or other appropriate |
| 207 | remedial relief, if the court finds: |
| 208 | 1. The required notice of a proposed relocation of a child |
| 209 | was not provided in a timely manner. |
| 210 | 2. The child already has been relocated without notice or |
| 211 | written agreement of the parties or without court approval. |
| 212 | 3. From an examination of the evidence presented at the |
| 213 | preliminary hearing that there is a likelihood that upon final |
| 214 | hearing the court will not approve the relocation of the primary |
| 215 | residence of the child. |
| 216 | (b) The court may grant a temporary order permitting the |
| 217 | relocation of the child pending final hearing, if the court: |
| 218 | 1. Finds that the required Notice of Intent to Relocate |
| 219 | was provided in a timely manner. |
| 220 | 2. Finds from an examination of the evidence presented at |
| 221 | the preliminary hearing that there is a likelihood that on final |
| 222 | hearing the court will approve the relocation of the primary |
| 223 | residence of the child, which findings must be supported by the |
| 224 | same factual basis as would be necessary to support the |
| 225 | permitting of relocation in a final judgment. |
| 226 | (c) If the court has issued a temporary order authorizing |
| 227 | a party seeking to relocate or move a child before a final |
| 228 | judgment is rendered, the court may not give any weight to the |
| 229 | temporary relocation as a factor in reaching its final decision. |
| 230 | (d) If temporary relocation of a child is permitted, the |
| 231 | court may require the person relocating the child to provide |
| 232 | reasonable security, financial or otherwise, and guarantee that |
| 233 | the court-ordered contact with the child will not be interrupted |
| 234 | or interfered with by the relocating party. |
| 235 | (6) NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED |
| 236 | RELOCATION.--No presumption shall arise in favor of or against a |
| 237 | request to relocate with the child when a primary residential |
| 238 | parent seeks to move the child and the move will materially |
| 239 | affect the current schedule of contact, access, and time-sharing |
| 240 | with the nonrelocating parent or other person. In reaching its |
| 241 | decision regarding a proposed temporary or permanent relocation, |
| 242 | the court shall evaluate all of the following factors: |
| 243 | (a) The nature, quality, extent of involvement, and |
| 244 | duration of the child's relationship with the parent proposing |
| 245 | to relocate with the child and with the nonrelocating parent, |
| 246 | other persons, siblings, half-siblings, and other significant |
| 247 | persons in the child's life. |
| 248 | (b) The age and developmental stage of the child, the |
| 249 | needs of the child, and the likely impact the relocation will |
| 250 | have on the child's physical, educational, and emotional |
| 251 | development, taking into consideration any special needs of the |
| 252 | child. |
| 253 | (c) The feasibility of preserving the relationship between |
| 254 | the nonrelocating parent or other person and the child through |
| 255 | substitute arrangements that take into consideration the |
| 256 | logistics of contact, access, visitation, and time sharing, as |
| 257 | well as the financial circumstances of the parties; whether |
| 258 | those factors are sufficient to foster a continuing meaningful |
| 259 | relationship between the child and the nonrelocating parent or |
| 260 | other person; and the likelihood of compliance with the |
| 261 | substitute arrangements by the relocating parent once he or she |
| 262 | is out of the jurisdiction of the court. |
| 263 | (d) The child's preference, taking into consideration the |
| 264 | age and maturity of the child. |
| 265 | (e) Whether the relocation will enhance the general |
| 266 | quality of life for both the parent seeking the relocation and |
| 267 | the child, including, but not limited to, financial or emotional |
| 268 | benefits or educational opportunities. |
| 269 | (f) The reasons of each parent or other person for seeking |
| 270 | or opposing the relocation. |
| 271 | (g) The current employment and economic circumstances of |
| 272 | each parent or other person and whether or not the proposed |
| 273 | relocation is necessary to improve the economic circumstances of |
| 274 | the parent or other person seeking relocation of the child. |
| 275 | (h) That the relocation is sought in good faith, the |
| 276 | extent to which the objecting parent has fulfilled his or her |
| 277 | financial obligations to the parent or other person seeking |
| 278 | relocation, including child support, spousal support, and |
| 279 | marital property and marital debt obligations. |
| 280 | (i) The career and other opportunities available to the |
| 281 | objecting parent or objecting other person if the relocation |
| 282 | occurs. |
| 283 | (j) A history of substance abuse or domestic violence as |
| 284 | defined in s. 741.28 or which meets the criteria of s. |
| 285 | 39.806(1)(d) by either parent, including a consideration of the |
| 286 | severity of such conduct and the failure or success of any |
| 287 | attempts at rehabilitation. |
| 288 | (k) Any other factor affecting the best interest of the |
| 289 | child or as set forth in s. 61.13. |
| 290 | (7) BURDEN OF PROOF.--The parent or other person wishing |
| 291 | to relocate has the burden of proof if an objection is filed and |
| 292 | must then initiate a proceeding seeking court permission for |
| 293 | relocation. The initial burden is on the parent or person |
| 294 | wishing to relocate to prove by a preponderance of the evidence |
| 295 | that relocation is in the best interest of the child. If that |
| 296 | burden of proof is met, the burden shifts to the nonrelocating |
| 297 | parent or other person to show by a preponderance of the |
| 298 | evidence that the proposed relocation is not in the best |
| 299 | interest of the child. |
| 300 | (8) ORDER REGARDING RELOCATION.--If relocation is |
| 301 | permitted: |
| 302 | (a) The court may, in its discretion, order contact with |
| 303 | the nonrelocating parent, including access, visitation, time |
| 304 | sharing, telephone, Internet, web-cam, and other arrangements |
| 305 | sufficient to ensure that the child has frequent, continuing, |
| 306 | and meaningful contact, access, visitation, and time sharing |
| 307 | with the nonrelocating parent or other persons, if contact is |
| 308 | financially affordable and in the best interest of the child. |
| 309 | (b) If applicable, the court shall specify how the |
| 310 | transportation costs will be allocated between the parents and |
| 311 | other persons entitled to contact, access, visitation, and time |
| 312 | sharing and may adjust the child support award, as appropriate, |
| 313 | considering the costs of transportation and the respective net |
| 314 | incomes of the parents in accordance with state child support |
| 315 | guidelines. |
| 316 | (9) PRIORITY FOR HEARING OR TRIAL.--An evidentiary hearing |
| 317 | or nonjury trial on a pleading seeking temporary or permanent |
| 318 | relief filed pursuant to this section shall be accorded priority |
| 319 | on the court's calendar. |
| 320 | (10) APPLICABILITY.-- |
| 321 | (a) The provisions of this section apply: |
| 322 | 1. Before July 1, 2006, if the existing order defining |
| 323 | custody, primary residence, and visitation or a written |
| 324 | agreement does not expressly govern the relocation of the child. |
| 325 | 2. To an order, whether temporary or permanent, regarding |
| 326 | primary residence of a child or visitation with a child issued |
| 327 | after July 1, 2006. |
| 328 | 3. To any relocation or proposed relocation, whether |
| 329 | permanent or temporary, of a child during any pending proceeding |
| 330 | wherein residence of or visitation with a child is an issue. |
| 331 | (b) To the extent that a provision of this section |
| 332 | conflicts with an existing order or enforceable written |
| 333 | agreement signed by both parents, this section does not apply to |
| 334 | the terms of that order or agreement that govern relocation of |
| 335 | the child or a change in the principal residence address of a |
| 336 | parent. |
| 337 | Section 3. This act shall take effect July 1, 2006. |