Posted by Nydia Streets of Streets Law in Florida Child Custody
When a petition for relocation is pending, a temporary relocation may be sought by motion. Generally, the matter noticed for hearing, is the only matter that can be heard, absent the consent of both parties. This was an issue in the case Fitzgerald v. Dostie, 6D2024-1990 (Fla. 6th DCA April 16, 2026).
The mother in this case sought permanent and temporary relocation based on a job offer out-of-state. A hearing was noticed on her motion for temporary relocation. At the hearing, the trial court granted permanent relocation relief. The father filed a motion for rehearing which was granted in part, but not as to the permanency of the order. The father appealed, arguing it was against his due process rights to have the permanent petition heard when the temporary was noticed for hearing.
The appellate court agreed, holding “The July 17, 2024 hearing was noticed only for temporary relief, yet the final order produced a permanent result. The relief granted was beyond the scope of the notice of hearing. Accordingly, we affirm the trial court’s order to the extent it grants temporary relief, we reverse the order to the extent it grants permanent relief, and we remand with directions for the trial court to conduct a final hearing on the matter of permanent relief relative to Fitzgerald’s relocation request.”
Nothing in this article is legal advice. For advice specific to your case, schedule a meeting with a Miami family law attorney.