Saturday, April 10, 2010

Prospective Relocation Disapproved by Florida Supreme Court

In January 2010 the Florida Supreme Court reversed a case from the Second District Court of Appeal regarding relocation in a divorce proceeding.  The Supreme Court case is Arthur v. Arthur, 35 Fla. L. Weekly S 38 (Fla. January 14, 2010), and the Court resolved a conflict between the Second District Court of Appeal (which originally decided the Arthur case, and a case from the First District Court of Appeal, Sylvester v. Sylvester, 992 So.2d 296 (Fla. 1st DCA  2008).  The Florida Supreme Court agreed with the First District Court of Appeal and held that it was error for the trial court to grant a prospective relocation by a parent with a child and stated that if relocation is not supported or warranted at the time of trial, then the trial court should not order relocation at some point in the future.  The decision regarding relocation must be determined based on the then existing facts and circumstances.

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