Posted by Nydia Streets of Streets Law in Florida Child Custody
When parents are married, and before a Florida divorce case is filed, one parent moves out of state with the children, can the court order the children to be returned to Florida? A court is guided by the best interest of the children. While many parents may attempt to have an emergency pick-up order entered, citing Florida’s relocation statute, this may not be applicable under the circumstances. This was an issue in the case Dunn v. Flores, 3D25-2263 (Fla. 3d DCA December 3, 2025).
The parties to this case are married; the husband unilaterally relocated the parties’ children from Florida to Tennessee. The wife then filed a petition for dissolution of marriage and a sought an emergency pick-up order. The court granted the order for pick-up and the husband filed a motion to stay the order which was denied. The husband appealed.
The appellate court noted the relocation statute only applies to post-dissolution cases or cases where a child custody order has been entered. Since none had been entered here, the appellate court held the relocation statute was inapplicable. It held “This limitation does not render the trial court impotent to order a parent to return children to the jurisdiction. The court has the authority to ‘approve a parenting plan that would determine, inter alia, time-sharing in accordance with the child's best interests.’” The court concluded “[A]s the order here entails a pre-dissolution move, the relocation statute is inapplicable and therefore a best interests inquiry is essential. Accordingly, we stay the order and relinquish jurisdiction for a period of thirty days for the trial court to convene a hearing and conduct the requisite analysis. Stay granted. Jurisdiction relinquished.”
This article cannot be taken as legal advice. For advice specific to your case, schedule a consultation with a Miami family law attorney.