HB 1047

1	A bill to be entitled
2	An act relating to parental relocation with a child;
3	creating s. 61.13001, F.S.; providing definitions;
4	providing for notification of certain persons of the
5	intent to relocate the child and providing procedures
6	therefor; requiring certain information to be provided on
7	a Notice of Intent to Relocate; providing procedures for
8	objecting to the relocation of a child; limiting
9	disclosure of certain information relating to cases of
10	domestic violence; providing for content of an objection
11	to relocation; authorizing the court to grant a temporary
12	order restraining the relocation of a child under certain
13	circumstances; prohibiting certain presumptions and
14	requiring certain factors to be evaluated by the court
15	with regard to relocation of a child; assigning the burden
16	of proof in cases of relocation of a child; authorizing
17	the court to order certain contact with the child by the
18	nonrelocating party; granting priority for certain
19	hearings and trials under s. 61.13001, F.S.; providing
20	applicability; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Section 61.13001, Florida Statutes, is created
25	to read:
26	61.13001  Parental relocation with a child.--
27	(1)  DEFINITIONS.--As used in this section, unless the
28	context otherwise requires:
29	(a)  "Change of residence address" means the relocation of
30	a child to a primary residence more than 50 miles away from his
31	or her current primary place of residence, unless the move
32	places the primary residence of the minor child less than 50
33	miles from the nonresidential parent.
34	(b)  "Child" means any person who is under the jurisdiction
35	of a state court pursuant to the Uniform Child Custody
36	Jurisdiction and Enforcement Act or is the subject of any order
37	granting to a parent or other person any right to residential
38	care, custody, or visitation as provided under state law.
39	(c)  "Court" means the circuit court in an original
40	proceeding which has proper venue and jurisdiction in accordance
41	with the Uniform Child Custody Jurisdiction and Enforcement Act,
42	the circuit court in the county in which either parent and the
43	child reside, or the circuit court in which the original action
44	was adjudicated.
45	(d)  "Other person" means an individual who is not the
46	parent and who, by court order, maintains the primary residence
47	of a child or has visitation rights with a child.
48	(e)  "Parent" means any person so named by court order or
49	express written agreement that is subject to court enforcement
50	or a person reflected as a parent on a birth certificate and in
51	whose home a child maintains a primary or secondary residence.
52	(f)  "Person entitled to be the primary residential parent
53	of a child" means a person so designated by court order or by an
54	express written agreement that is subject to court enforcement
55	or a person seeking such a designation, or, when neither parent
56	has been designated as primary residential parent, the person
57	seeking to relocate with a child.
58	(g)  "Principal or primary residence of a child" means the
59	home of the designated primary residential parent. When rotating
60	custody is in effect, each parent shall be considered to be the
61	primary residential parent.
62	(h)  "Relocation" means a change in the principal residence
63	of a child for a period of 60 consecutive days or more but does
64	not include a temporary absence from the principal residence for
65	purposes of vacation, education, or the provision of health care
66	for the child.
67	(2)  NOTICE OF INTENT TO RELOCATE WITH A CHILD.--A parent
68	who has the right to primary residence of the child shall notify
69	the other parent and every other person entitled to visitation
70	with the child of the proposed relocation of the child's
71	principal residence.
72	(a)  Verified confirmation by written notice on a form
73	entitled "Certificate of Filing Notice of Intent to Relocate" of
74	the proposed intent of the primary residential parent to
75	relocate with the child must be filed with the court no later
76	than the 45th day before the date of the proposed relocation and
77	be personally served pursuant to chapter 48 on the other parent
78	and on every other person entitled to visitation with the child,
79	together with the Notice of Intent to Relocate. When personal
80	service of process cannot be had, service of process shall be by
81	publication, in accordance with s. 49.021. If there is a pending
82	action or proceeding in which service of process has already
83	been made, service of process shall occur in accordance with
84	Rule 1.080, Florida Rules of Civil Procedure, and is a valid
85	service of the Certificate of Filing Notice of Intent to
86	Relocate.
87	(b)  The Notice of Intent to Relocate shall be served with
88	the Certificate of Filing Notice of Intent to Relocate and shall
89	be fully and completely answered. The following information must
90	be included with the Notice of Intent to Relocate and signed
91	under oath under penalty of perjury:
92	1.  A description of the location of the intended new
93	residence, including the state, city, and specific physical
94	address, if known.
95	2.  The mailing address, if not the same as the physical
96	address, if known.
97	3.  The home telephone number of the intended new
98	residence, if known.
99	4.  The date of the intended move or proposed relocation.
100	5.  A detailed statement of the specific reasons for the
101	proposed relocation of the child. If one of the reasons is based
102	upon a job offer which has been reduced to writing, that written
103	job offer must be attached to the Notice of Intent to Relocate.
104	6.  A proposal for a revised postrelocation schedule of
105	visitation with the child.
106	7.  A warning to the nonrelocating parent or other person
107	that an objection to the relocation must be made in writing,
108	filed with the court, and served on the parent or other person
109	seeking to relocate within 30 days after service of the
110	Certificate of Filing Notice of Intent to Relocate along with
111	the Notice of Intent to Relocate, or the relocation shall be
112	permitted. If the objection is timely filed, the burden shifts
113	to the parent or person seeking to relocate to initiate court
114	proceedings to obtain court permission to relocate prior to
115	doing so.
116	8.  The mailing address of the parent or other person
117	seeking to relocate to which the objection filed under
118	subsection (4) to the Notice of Intent to Relocate should be
119	sent.
120
121	The contents of the Notice of Intent to Relocate are not
122	privileged. For purposes of encouraging amicable resolution of
123	the relocation issue, the Notice of Intent to Relocate shall
124	initially not be filed with the court but instead served upon
125	the nonrelocating parent, other person, and every other person
126	entitled to visitation with the child and a copy thereof shall
127	be maintained by the parent or other person seeking to relocate.
128	(c)  A person required to give notice of a proposed
129	relocation or change of residence address under this section has
130	a continuing duty to provide current and updated information
131	required by this section when that information becomes known.
132	(d)  The act of relocating the child after failure to
133	comply with the notice of intent to relocate procedure described
134	in this subsection subjects the party in violation thereof to
135	contempt and other proceedings to compel the return of the child
136	and may be taken into account by the court in any initial or
137	postjudgment action seeking a determination or modification of
138	residence, custody, or visitation with the child as:
139	1.  A factor in making a determination regarding the
140	relocation of a child.
141	2.  A factor in determining whether residence or contact,
142	access, visitation, and time-sharing arrangements should be
143	modified.
144	3.  A basis for ordering the temporary or permanent return
145	of the child.
146	4.  Sufficient cause to order the parent or other person
147	seeking to relocate the child to pay reasonable expenses and
148	attorney's fees incurred by the party objecting to the
149	relocation.
150	5.  For the award of reasonable attorney's fees and costs,
151	including interim travel expenses incident to visitation or
152	securing the return of the child.
153	(e)  If the parent or other person receiving the Notice of
154	Intent to Relocate does not, within 30 days after service of the
155	notice, file a written objection, the relocation is
156	automatically deemed authorized and may occur.
157	(3)  DISCLOSURE REQUIREMENTS INVOLVING DOMESTIC
158	VIOLENCE.--On a finding by the court, pursuant to Rule 2.051(c),
159	Florida Rules of Judicial Administration, that the health,
160	safety, or liberty of a person or a child would be unreasonably
161	put at risk by the disclosure of the required identifying
162	information in conjunction with a proposed relocation of the
163	child, the court may ex parte:
164	(a)  Order that the specific residence address and
165	telephone number, including the identity or location of any
166	domestic violence shelter, of the child, the parent, or other
167	person and other identifying information shall not be disclosed
168	in the notice, pleadings, other documents filed in the
169	proceeding, or the final order, except for an in camera
170	disclosure;
171	(b)  Order that the notice requirements provided in this
172	section be modified to the extent necessary to protect
173	confidentiality and the health, safety, or liberty of a parent,
174	other person, or child;
175	(c)  Impose any other remedial action that the court
176	considers necessary to facilitate the legitimate needs of the
177	parties and the best interest of the child; or
178	(d)  At the request of a parent, other person, or child,
179	appoint an attorney ad litem upon whom the objection to the
180	Notice of Intent to Relocate may be served.
181	(4)  CONTENT OF OBJECTION TO RELOCATION.--The objection
182	seeking to prevent the relocation of a child shall be verified
183	and served within 30 days after service of the Notice of Intent
184	to Relocate according to the Florida Rules of Civil Procedure
185	and shall include the specific factual basis supporting the
186	reasons for seeking a prohibition of the relocation, including a
187	statement of the amount of participation or involvement the
188	objecting party currently has or has had in the life of the
189	child.
190	(5)  TEMPORARY ORDER.--
191	(a)  The court may grant a temporary order restraining the
192	relocation of a child or ordering the return of the child, if a
193	relocation has previously taken place, or other appropriate
194	remedial relief, if the court finds:
195	1.  The required notice of a proposed relocation of a child
196	was not provided in a timely manner.
197	2.  The child already has been relocated without notice or
198	written agreement of the parties or without court approval.
199	3.  From an examination of the evidence presented at the
200	preliminary hearing that there is a likelihood that upon final
201	hearing the court will not approve the relocation of the primary
202	residence of the child.
203	(b)  The court may grant a temporary order permitting the
204	relocation of the child pending final hearing, if the court:
205	1.  Finds that the required Notice of Intent to Relocate
206	was provided in a timely manner.
207	2.  Finds from an examination of the evidence presented at
208	the preliminary hearing that there is a likelihood that on final
209	hearing the court will approve the relocation of the primary
210	residence of the child, which findings must be supported by the
211	same factual basis as would be necessary to support the
212	permitting of relocation in a final judgment.
213	(c)  If the court has issued a temporary order authorizing
214	a party seeking to relocate or move a child before a final
215	judgment is rendered, the court may not give any weight to the
216	temporary relocation as a factor in reaching its final decision.
217	(d)  If temporary relocation of a child is permitted, the
218	court may require the person relocating the child to provide
219	reasonable security, financial or otherwise, and guarantee that
220	the court-ordered contact with the child will not be interrupted
221	or interfered with by the relocating party.
222	(6)  NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
223	RELOCATION.--No presumption shall arise in favor of or against a
224	request to relocate with the child when a primary residential
225	parent seeks to move the child and the move will materially
226	affect the current schedule of contact, access, and time-sharing
227	with the nonrelocating parent or other person. In reaching its
228	decision regarding a proposed temporary or permanent relocation,
229	the court shall evaluate all of the following factors:
230	(a)  The nature, quality, extent of involvement, and
231	duration of the child's relationship with the parent proposing
232	to relocate with the child and with the nonrelocating parent,
233	other persons, siblings, half-siblings, and other significant
234	persons in the child's life.
235	(b)  The age and developmental stage of the child, the
236	needs of the child, and the likely impact the relocation will
237	have on the child's physical, educational, and emotional
238	development, taking into consideration any special needs of the
239	child.
240	(c)  The feasibility of preserving the relationship between
241	the nonrelocating parent or other person and the child through
242	substitute arrangements that take into consideration the
243	logistics of contact, access, visitation, and time-sharing, as
244	well as the financial circumstances of the parties; whether
245	those factors are sufficient to foster a continuing meaningful
246	relationship between the child and the nonrelocating parent or
247	other person; and the likelihood of compliance with the
248	substitute arrangements by the relocating parent once he or she
249	is out of the jurisdiction of the court.
250	(d)  The child's preference, taking into consideration the
251	age and maturity of the child.
252	(e)  Whether the relocation will enhance the general
253	quality of life for both the parent seeking the relocation and
254	the child, including, but not limited to, financial or emotional
255	benefits or educational opportunities.
256	(f)  The reasons of each parent or other person for seeking
257	or opposing the relocation.
258	(g)  The current employment and economic circumstances of
259	each parent or other person and whether or not the proposed
260	relocation is necessary to improve the economic circumstances of
261	the parent or other person seeking relocation of the child.
262	(h)  That the relocation is sought in good faith, the
263	extent to which the objecting parent has fulfilled his or her
264	financial obligations to the parent or other person seeking
265	relocation, including child support, spousal support, and
266	marital property and marital debt obligations.
267	(i)  The career and other opportunities available to the
268	objecting parent or objecting other person if the relocation
269	occurs.
270	(j)  A history of substance abuse or domestic violence as
271	defined in s. 741.28 or which meets the criteria of s.
272	39.806(1)(d) by either parent, including a consideration of the
273	severity of such conduct and the failure or success of any
274	attempts at rehabilitation.
275	(k)  Any other factor affecting the best interest of the
276	child or as set forth in s. 61.13.
277	(7)  BURDEN OF PROOF.--The parent or other person wishing
278	to relocate has the burden of proof if an objection is filed and
279	must then initiate a proceeding seeking court permission for
280	relocation. The initial burden is on the parent or person
281	wishing to relocate to prove by a preponderance of the evidence
282	that relocation is in the best interest of the child. If that
283	burden of proof is met, the burden shifts to the nonrelocating
284	parent or other person to show by a preponderance of the
285	evidence that the proposed relocation is not in the best
286	interest of the child.
287	(8)  ORDER REGARDING RELOCATION.--If relocation is
288	permitted:
289	(a)  The court may, in its discretion, order contact with
290	the nonrelocating parent, including access, visitation, time-
291	sharing, telephone, Internet, web-cam, and other arrangements
292	sufficient to ensure that the child has frequent, continuing,
293	and meaningful contact, access, visitation, and time-sharing
294	with the nonrelocating parent or other persons, if contact is
295	financially affordable and in the best interest of the child.
296	(b)  If applicable, the court shall specify how the
297	transportation costs will be allocated between the parents and
298	other persons entitled to contact, access, visitation, and time-
299	sharing and may adjust the child support award, as appropriate,
300	considering the costs of transportation and the respective net
301	incomes of the parents in accordance with state child support
302	guidelines.
303	(9)  PRIORITY FOR HEARING OR TRIAL.--An evidentiary hearing
304	or nonjury trial on a pleading seeking temporary or permanent
305	relief filed pursuant to this section shall be accorded priority
306	on the court's calendar.
307	(10)  APPLICABILITY.--
308	(a)  The provisions of this section apply:
309	1.  Before July 1, 2006, if the existing order defining
310	custody, primary residence, and visitation or a written
311	agreement does not expressly govern the relocation of the child.
312	2.  To an order, whether temporary or permanent, regarding
313	primary residence of a child or visitation with a child issued
314	after July 1, 2006.
315	3.  To any relocation or proposed relocation, whether
316	permanent or temporary, of a child during any pending proceeding
317	wherein residence of or visitation with a child is an issue.
318	(b)  To the extent that a provision of this section
319	conflicts with an existing order or enforceable written
320	agreement signed by both parents, this section does not apply to
321	the terms of that order or agreement that govern relocation of
322	the child or a change in the principal residence address of a
323	parent.
324	Section 2.  This act shall take effect July 1, 2006.

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