Relocating Internationally With a Child After a Florida Divorce
Moving abroad after a divorce can sound like a fresh start, but when a minor child is involved, an international move triggers some of the strictest procedural rules in Florida family law. Parents who assume that a passport and a plane ticket are all they need often find themselves facing serious legal consequences.
Florida Treats International Moves Like Any Other Relocation
Florida’s relocation statute does not carve out a separate rule for moves outside the country. Instead, Florida Statutes § 61.13001 governs any relocation of more than 50 miles from the child’s current residence for 60 or more consecutive days, whether the destination is another state or another continent. Because an international move almost always exceeds that distance, the statute applies in full force.
This means a parent cannot simply decide to move a child overseas because a new job, a remarriage, or a desire to be closer to extended family makes the move appealing. Unless the other parent consents in writing, the relocating parent must first petition the court for permission.
What the Petition Must Include
A relocation petition has specific and detailed requirements. It generally must identify the intended new residence, the date of the proposed move, the reasons for relocating, and a proposed revised time-sharing schedule for the parent who will be left behind. Because international travel raises additional practical concerns, courts also expect the petition to address how time-sharing, communication, and travel costs will work across a border, along with passport control and any risk that the child could be kept outside the United States.
Factors Courts Weigh in International Cases
When a relocation is contested, the parent seeking to move carries the burden of proving that the relocation is in the child’s best interest. Judges consider factors such as the child’s relationship with each parent, the reasons for and against the move, the child’s age and developmental needs, and whether a realistic time-sharing plan can be preserved once the child is overseas.
International moves add another layer of scrutiny. Courts often examine whether the destination country is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, since that treaty affects how enforceable a Florida custody order will be once the child is abroad. A parent’s ties to the destination country, financial stability there, and willingness to facilitate virtual and in-person contact with the other parent can all influence the outcome.
Moving Without Permission Can Backfire
Some parents are tempted to relocate first and deal with the legal fallout later. This is a serious mistake. A parent who moves a child internationally without either an agreement or a court order risks being held in contempt, facing an emergency motion for the child’s return, and even facing criminal exposure in certain circumstances. Judges also tend to view an unauthorized move as evidence that the relocating parent is unwilling to support the child’s relationship with the other parent, which can hurt that parent’s position in future custody decisions.
Plan Early and Get Documentation in Order
Because international relocation cases involve extended timelines, documentation, and sometimes foreign law issues, parents considering a move abroad should begin the process well before any move date is set. Gathering proof of housing, schooling, income, and a workable long-distance parenting plan can make the difference between an approved petition and a denied one.
Talk to Our Tampa Relocation Attorneys Today
Westchase Law, P.A. represents the interests of Tampa parents facing an international relocation dispute, whether they are seeking to move or opposing a move. Our Tampa family attorneys can help build a case that protects your relationship with your child no matter where life takes your family next. Call our office today to schedule an appointment.
Source:
flsenate.gov/Laws/Statutes/2024/0061.13001
