Senate Bill sb2184

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2184

    By Senator Campbell





    32-1259-06                                              See HB

  1                      A bill to be entitled

  2         An act relating to parental relocation with a

  3         child; creating s. 61.13001, F.S.; providing

  4         definitions; providing for notification of

  5         certain persons of the intent to relocate the

  6         child and providing procedures therefor;

  7         requiring certain information to be provided on

  8         a Notice of Intent to Relocate; providing

  9         procedures for objecting to the relocation of a

10         child; limiting disclosure of certain

11         information relating to cases of domestic

12         violence; providing for content of an objection

13         to relocation; authorizing the court to grant a

14         temporary order restraining the relocation of a

15         child under certain circumstances; prohibiting

16         certain presumptions and requiring certain

17         factors to be evaluated by the court with

18         regard to relocation of a child; assigning the

19         burden of proof in cases of relocation of a

20         child; authorizing the court to order certain

21         contact with the child by the nonrelocating

22         party; granting priority for certain hearings

23         and trials under s. 61.13001, F.S.; providing

24         applicability; providing an effective date.

25  

26  Be It Enacted by the Legislature of the State of Florida:

27  

28         Section 1.  Section 61.13001, Florida Statutes, is

29  created to read:

30         61.13001  Parental relocation with a child.--

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2184
    32-1259-06                                              See HB




 1         (1)  DEFINITIONS.--As used in this section, unless the

 2  context otherwise requires:

 3         (a)  "Change of residence address" means the relocation

 4  of a child to a primary residence more than 50 miles away from

 5  his or her current primary place of residence, unless the move

 6  places the primary residence of the minor child less than 50

 7  miles from the nonresidential parent.

 8         (b)  "Child" means any person who is under the

 9  jurisdiction of a state court pursuant to the Uniform Child

10  Custody Jurisdiction and Enforcement Act or is the subject of

11  any order granting to a parent or other person any right to

12  residential care, custody, or visitation as provided under

13  state law.

14         (c)  "Court" means the circuit court in an original

15  proceeding which has proper venue and jurisdiction in

16  accordance with the Uniform Child Custody Jurisdiction and

17  Enforcement Act, the circuit court in the county in which

18  either parent and the child reside, or the circuit court in

19  which the original action was adjudicated.

20         (d)  "Other person" means an individual who is not the

21  parent and who, by court order, maintains the primary

22  residence of a child or has visitation rights with a child.

23         (e)  "Parent" means any person so named by court order

24  or express written agreement that is subject to court

25  enforcement or a person reflected as a parent on a birth

26  certificate and in whose home a child maintains a primary or

27  secondary residence.

28         (f)  "Person entitled to be the primary residential

29  parent of a child" means a person so designated by court order

30  or by an express written agreement that is subject to court

31  enforcement or a person seeking such a designation, or, when

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2184
    32-1259-06                                              See HB




 1  neither parent has been designated as primary residential

 2  parent, the person seeking to relocate with a child.

 3         (g)  "Principal or primary residence of a child" means

 4  the home of the designated primary residential parent. When

 5  rotating custody is in effect, each parent shall be considered

 6  to be the primary residential parent.

 7         (h)  "Relocation" means a change in the principal

 8  residence of a child for a period of 60 consecutive days or

 9  more but does not include a temporary absence from the

10  principal residence for purposes of vacation, education, or

11  the provision of health care for the child.

12         (2)  NOTICE OF INTENT TO RELOCATE WITH A CHILD.--A

13  parent who has the right to primary residence of the child

14  shall notify the other parent and every other person entitled

15  to visitation with the child of the proposed relocation of the

16  child's principal residence.

17         (a)  Verified confirmation by written notice on a form

18  entitled "Certificate of Filing Notice of Intent to Relocate"

19  of the proposed intent of the primary residential parent to

20  relocate with the child must be filed with the court no later

21  than the 45th day before the date of the proposed relocation

22  and be personally served pursuant to chapter 48 on the other

23  parent and on every other person entitled to visitation with

24  the child, together with the Notice of Intent to Relocate.

25  When personal service of process cannot be had, service of

26  process shall be by publication, in accordance with s. 49.021.

27  If there is a pending action or proceeding in which service of

28  process has already been made, service of process shall occur

29  in accordance with Rule 1.080, Florida Rules of Civil

30  Procedure, and is a valid service of the Certificate of Filing

31  Notice of Intent to Relocate.

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2184
    32-1259-06                                              See HB




 1         (b)  The Notice of Intent to Relocate shall be served

 2  with the Certificate of Filing Notice of Intent to Relocate

 3  and shall be fully and completely answered. The following

 4  information must be included with the Notice of Intent to

 5  Relocate and signed under oath under penalty of perjury:

 6         1.  A description of the location of the intended new

 7  residence, including the state, city, and specific physical

 8  address, if known.

 9         2.  The mailing address, if not the same as the

10  physical address, if known.

11         3.  The home telephone number of the intended new

12  residence, if known.

13         4.  The date of the intended move or proposed

14  relocation.

15         5.  A detailed statement of the specific reasons for

16  the proposed relocation of the child. If one of the reasons is

17  based upon a job offer which has been reduced to writing, that

18  written job offer must be attached to the Notice of Intent to

19  Relocate.

20         6.  A proposal for a revised postrelocation schedule of

21  visitation with the child.

22         7.  A warning to the nonrelocating parent or other

23  person that an objection to the relocation must be made in

24  writing, filed with the court, and served on the parent or

25  other person seeking to relocate within 30 days after service

26  of the Certificate of Filing Notice of Intent to Relocate

27  along with the Notice of Intent to Relocate, or the relocation

28  shall be permitted. If the objection is timely filed, the

29  burden shifts to the parent or person seeking to relocate to

30  initiate court proceedings to obtain court permission to

31  relocate prior to doing so.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2184
    32-1259-06                                              See HB




 1         8.  The mailing address of the parent or other person

 2  seeking to relocate to which the objection filed under

 3  subsection (4) to the Notice of Intent to Relocate should be

 4  sent.

 5  

 6  The contents of the Notice of Intent to Relocate are not

 7  privileged. For purposes of encouraging amicable resolution of

 8  the relocation issue, the Notice of Intent to Relocate shall

 9  initially not be filed with the court but instead served upon

10  the nonrelocating parent, other person, and every other person

11  entitled to visitation with the child and a copy thereof shall

12  be maintained by the parent or other person seeking to

13  relocate. The original or a copy of the Notice of Intent to

14  Relocate may be filed with the court by any party, parent, or

15  other person after the court finds that access to such

16  information may be necessary for the determination of the

17  issue before the court.

18         (c)  A person required to give notice of a proposed

19  relocation or change of residence address under this section

20  has a continuing duty to provide current and updated

21  information required by this section when that information

22  becomes known.

23         (d)  The act of relocating the child after failure to

24  comply with the notice of intent to relocate procedure

25  described in this subsection subjects the party in violation

26  thereof to contempt and other proceedings to compel the return

27  of the child and may be taken into account by the court in any

28  initial or postjudgment action seeking a determination or

29  modification of residence, custody, or visitation with the

30  child as:

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2184
    32-1259-06                                              See HB




 1         1.  A factor in making a determination regarding the

 2  relocation of a child.

 3         2.  A factor in determining whether residence or

 4  contact, access, visitation, and time-sharing arrangements

 5  should be modified.

 6         3.  A basis for ordering the temporary or permanent

 7  return of the child.

 8         4.  Sufficient cause to order the parent or other

 9  person seeking to relocate the child to pay reasonable

10  expenses and attorney's fees incurred by the party objecting

11  to the relocation.

12         5.  For the award of reasonable attorney's fees and

13  costs, including interim travel expenses incident to

14  visitation or securing the return of the child.

15         (e)  If the parent or other person receiving the Notice

16  of Intent to Relocate does not, within 30 days after service

17  of the notice, file a written objection, the relocation is

18  automatically deemed authorized and may occur.

19         (3)  DISCLOSURE REQUIREMENTS INVOLVING DOMESTIC

20  VIOLENCE.--On a finding by the court that the health, safety,

21  or liberty of a person or a child would be unreasonably put at

22  risk by the disclosure of the required identifying information

23  in conjunction with a proposed relocation of the child, the

24  court may ex parte:

25         (a)  Order that the specific residence address and

26  telephone number, including the identity or location of any

27  domestic violence shelter, of the child, the parent, or other

28  person and other identifying information shall not be

29  disclosed in the notice, pleadings, other documents filed in

30  the proceeding, or the final order, except for an in camera

31  disclosure;

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2184
    32-1259-06                                              See HB




 1         (b)  Order that the notice requirements provided in

 2  this section be modified to the extent necessary to protect

 3  confidentiality and the health, safety, or liberty of a

 4  parent, other person, or child;

 5         (c)  Impose any other remedial action that the court

 6  considers necessary to facilitate the legitimate needs of the

 7  parties and the best interest of the child; or

 8         (d)  At the request of a parent, other person, or

 9  child, appoint an attorney ad litem upon whom the objection to

10  the Notice of Intent to Relocate may be served.

11         (4)  CONTENT OF OBJECTION TO RELOCATION.--The objection

12  seeking to prevent the relocation of a child shall be verified

13  and served within 30 days after service of the Notice of

14  Intent to Relocate according to the Florida Rules of Civil

15  Procedure and shall include the specific factual basis

16  supporting the reasons for seeking a prohibition of the

17  relocation, including a statement of the amount of

18  participation or involvement the objecting party currently has

19  or has had in the life of the child.

20         (5)  TEMPORARY ORDER.--

21         (a)  The court may grant a temporary order restraining

22  the relocation of a child or ordering the return of the child,

23  if a relocation has previously taken place, or other

24  appropriate remedial relief, if the court finds:

25         1.  The required notice of a proposed relocation of a

26  child was not provided in a timely manner.

27         2.  The child already has been relocated without notice

28  or written agreement of the parties or without court approval.

29         3.  From an examination of the evidence presented at

30  the preliminary hearing that there is a likelihood that upon

31  

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2184
    32-1259-06                                              See HB




 1  final hearing the court will not approve the relocation of the

 2  primary residence of the child.

 3         (b)  The court may grant a temporary order permitting

 4  the relocation of the child pending final hearing, if the

 5  court:

 6         1.  Finds that the required Notice of Intent to

 7  Relocate was provided in a timely manner.

 8         2.  Finds from an examination of the evidence presented

 9  at the preliminary hearing that there is a likelihood that on

10  final hearing the court will approve the relocation of the

11  primary residence of the child, which findings must be

12  supported by the same factual basis as would be necessary to

13  support the permitting of relocation in a final judgment.

14         (c)  If the court has issued a temporary order

15  authorizing a party seeking to relocate or move a child before

16  a final judgment is rendered, the court may not give any

17  weight to the temporary relocation as a factor in reaching its

18  final decision.

19         (d)  If temporary relocation of a child is permitted,

20  the court may require the person relocating the child to

21  provide reasonable security, financial or otherwise, and

22  guarantee that the court-ordered contact with the child will

23  not be interrupted or interfered with by the relocating party.

24         (6)  NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED

25  RELOCATION.--No presumption shall arise in favor of or against

26  a request to relocate with the child when a primary

27  residential parent seeks to move the child and the move will

28  materially affect the current schedule of contact, access, and

29  time-sharing with the nonrelocating parent or other person. In

30  reaching its decision regarding a proposed temporary or

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2184
    32-1259-06                                              See HB




 1  permanent relocation, the court shall evaluate all of the

 2  following factors:

 3         (a)  The nature, quality, extent of involvement, and

 4  duration of the child's relationship with the parent proposing

 5  to relocate with the child and with the nonrelocating parent,

 6  other persons, siblings, half-siblings, and other significant

 7  persons in the child's life.

 8         (b)  The age and developmental stage of the child, the

 9  needs of the child, and the likely impact the relocation will

10  have on the child's physical, educational, and emotional

11  development, taking into consideration any special needs of

12  the child.

13         (c)  The feasibility of preserving the relationship

14  between the nonrelocating parent or other person and the child

15  through substitute arrangements that take into consideration

16  the logistics of contact, access, visitation, and

17  time-sharing, as well as the financial circumstances of the

18  parties; whether those factors are sufficient to foster a

19  continuing meaningful relationship between the child and the

20  nonrelocating parent or other person; and the likelihood of

21  compliance with the substitute arrangements by the relocating

22  parent once he or she is out of the jurisdiction of the court.

23         (d)  The child's preference, taking into consideration

24  the age and maturity of the child.

25         (e)  Whether the relocation will enhance the general

26  quality of life for both the parent seeking the relocation and

27  the child, including, but not limited to, financial or

28  emotional benefits or educational opportunities.

29         (f)  The reasons of each parent or other person for

30  seeking or opposing the relocation.

31  

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2184
    32-1259-06                                              See HB




 1         (g)  The current employment and economic circumstances

 2  of each parent or other person and whether or not the proposed

 3  relocation is necessary to improve the economic circumstances

 4  of the parent or other person seeking relocation of the child.

 5         (h)  That the relocation is sought in good faith, the

 6  extent to which the objecting parent has fulfilled his or her

 7  financial obligations to the parent or other person seeking

 8  relocation, including child support, spousal support, and

 9  marital property and marital debt obligations.

10         (i)  The career and other opportunities available to

11  the objecting parent or objecting other person if the

12  relocation occurs.

13         (j)  A history of substance abuse or domestic violence

14  as defined in s. 741.28 or which meets the criteria of s.

15  39.806(1)(d) by either parent, including a consideration of

16  the severity of such conduct and the failure or success of any

17  attempts at rehabilitation.

18         (k)  Any other factor affecting the best interest of

19  the child or as set forth in s. 61.13.

20         (7)  BURDEN OF PROOF.--The parent or other person

21  wishing to relocate has the burden of proof if an objection is

22  filed and must then initiate a proceeding seeking court

23  permission for relocation. The initial burden is on the parent

24  or person wishing to relocate to prove by a preponderance of

25  the evidence that relocation is in the best interest of the

26  child. If that burden of proof is met, the burden shifts to

27  the nonrelocating parent or other person to show by a

28  preponderance of the evidence that the proposed relocation is

29  not in the best interest of the child.

30         (8)  ORDER REGARDING RELOCATION.--If relocation is

31  permitted:

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2184
    32-1259-06                                              See HB




 1         (a)  The court may, in its discretion, order contact

 2  with the nonrelocating parent, including access, visitation,

 3  time-sharing, telephone, Internet, web-cam, and other

 4  arrangements sufficient to ensure that the child has frequent,

 5  continuing, and meaningful contact, access, visitation, and

 6  time-sharing with the nonrelocating parent or other persons,

 7  if contact is financially affordable and in the best interest

 8  of the child.

 9         (b)  If applicable, the court shall specify how the

10  transportation costs will be allocated between the parents and

11  other persons entitled to contact, access, visitation, and

12  time-sharing and may adjust the child support award, as

13  appropriate, considering the costs of transportation and the

14  respective net incomes of the parents in accordance with state

15  child support guidelines.

16         (9)  PRIORITY FOR HEARING OR TRIAL.--An evidentiary

17  hearing or nonjury trial on a pleading seeking temporary or

18  permanent relief filed pursuant to this section shall be

19  accorded priority on the court's calendar.

20         (10)  APPLICABILITY.--

21         (a)  The provisions of this section apply:

22         1.  Before July 1, 2006, if the existing order defining

23  custody, primary residence, and visitation or a written

24  agreement does not expressly govern the relocation of the

25  child.

26         2.  To an order, whether temporary or permanent,

27  regarding primary residence of a child or visitation with a

28  child issued after July 1, 2006.

29         3.  To any relocation or proposed relocation, whether

30  permanent or temporary, of a child during any pending

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2184
    32-1259-06                                              See HB




 1  proceeding wherein residence of or visitation with a child is

 2  an issue.

 3         (b)  To the extent that a provision of this section

 4  conflicts with an existing order or enforceable written

 5  agreement signed by both parents, this section does not apply

 6  to the terms of that order or agreement that govern relocation

 7  of the child or a change in the principal residence address of

 8  a parent.

 9         Section 2.  This act shall take effect July 1, 2006.

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  12

CODING: Words stricken are deletions; words underlined are additions.