USA – FLORIDA Law and Practice Contributed by: Raymond J. Rafool, II, Seth J. Rutman, Kaylin R. Cohen and Melissa L. Kanoff, Rafool, PLLC
3. Child Abduction 3.1 Legality
In the authors’ view, a contested relocation case can be one of the more costly litigations in family law because the binary result (relocation versus non-relo - cation) tends to preclude settlement as a resolution. 2.3.9 Time Taken by an Application for Relocation The relocation statute mandates priority scheduling. A temporary relocation hearing must occur, absent good cause, no later than 30 days after the filing of the motion for temporary relief. If a notice of non-jury trial is filed, the final hearing must occur, absent good cause, within 90 days thereafter (Fla. Stat. § 61.13001). In practice, the statute often comes into conflict with the court’s and attorney’s calendar availabilities. 2.3.10 Primary Caregivers Versus Left-Behind Parents There is no presumption for or against relocation, and the “primary care giver” does not receive any auto - matic advantage (Fla. Stat. § 61.13001 (7); Hull v Hull , 273 So.3d 1135 (Fla. 5th DCA 2019)). Neither parent may relocate beyond the statutory distance and dura - tion without a court order, except as provided in 2.1 Whose Consent is Required for Relocation? In practice, however, the primary care giver’s role is not irrelevant. The nature, quality, extent of involve - ment and duration of the child’s relationship with the parent is directly addressed in § 61.13001 (7). 2.4 Relocation Within a Jurisdiction As noted above, the relocation statute only applies to rather permanent moves over 50 miles away from the then-current residence or residence at the time of the last time-sharing order or judgment. The mileage is calculated in a straight line rather than over and through man-made roads and highways. If the intend - ed move is less than those 50 miles, the relocation statute does not apply. In such a scenario, a petition for relocation would not be filed and the parties would simply litigate time-sharing and parental responsibility under the enumerated factors in Section 61.13 of the Florida Statutes, not under 61.13001. If the intended move is greater than 50 miles, Fla. Stat. § 61.13001 is triggered.
Like most legal questions, the honest answer to the question, is it illegal to take a child out of the jurisdic - tion without the relevant consent, is: it depends. If there has never been a custody case between the child’s two parents, meaning no parenting plan has ever been ordered, both parents generally have the freedom to travel with the child, including out of state or out of the country. That freedom narrows the moment a case is filed or a parenting plan is entered. From then on, the parenting plan’s own travel terms control, whether the trip is a week at the beach or a move across the country. That’s true whether the matter involves a short trip or a permanent relocation. “Generally free to travel” does not mean “risk free”. Florida has criminal laws that can turn a family dispute into a felony charge. Under Florida Statute 787.03, it is a third-degree fel - ony to knowingly or recklessly take, entice or help someone else take a minor away from a parent, guard - ian or other lawful custodian, without legal authority to do so. Even when no custody order exists yet, a parent, step-parent, guardian or relative who hides or lures a child away with the intent to cut off another parent’s custody rights can also face a third-degree felony charge, whether the child is kept in Florida or taken elsewhere, including abroad. A related but separate law, Florida Statute 787.04, makes it a third-degree felony to take a child beyond Florida’s borders in violation of a court order, or dur - ing a pending custody case after the parent has been given notice of that case, without the court’s permis - sion. It is also a crime to take a child out of state with the court’s permission and then fail to bring the child back when required. Federal law adds another layer. The International Parental Kidnapping Crime Act makes it a federal crime to remove a child under the age of 16 from the United States, attempt to do so, or keep a child out -
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