Relocation Without Father's Consent
by Susan from Ft. Lauderdale, Florida, Broward County
My Husband has a custody agreement with the mother of his 3 yr old son which states she can not relocate more than 50 miles from his residence. The mother was recently found in contempt for relocating & was ordered by the judge to move within 30 days.
She continues to not allow him his visitations & states she will not move back.
What are the consequences if she does not obey the court order & what documents can we file to obtain custody of the child?
Answer to Florida Child Custody Question
Your husband can file another Motion for Civil Contempt Enforcement.
Your husband will be asking the court to enter an order for relief.
In your explanation of the facts, you should detail and reference the previous order and you can state that the mother of the child has willfully refused to comply with the judge's previous order.
You can ask that the judge enter an order, for instance, to have the child removed from the mother's custody and placed with your husband.
The relief you ask for is entirely up to your husband. The judge will rule based in part in the best interests of the child.
If you believe the child is in danger, you may be able to ask for an emergency hearing. Check with your circuit court staff for local procedures. Have a look at Florida Statutes chapter 61.45
titled, Court-ordered parenting plan; risk of violation; bond
, for more information. Good luck!Notice:
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