IN THE SUPREME COURT OF FLORIDA · Act Affidavit, Florida Supreme Court Approved Family Law Form...

The Florida Bar’s Family Law Rules Committee (committee) has submitted to the Florida Supreme Court an out-of-cycle report and supplemental report proposing amendments to the Florida Family Law Rules of Procedure. The committee proposes an amendment to rule 12.285, new rule 12.635, and several new forms for use in proceedings related to relocation of a custodial parent and minor children under section 61.13001, Florida Statutes (2006). The Court has informally sought input on additional relocation forms from the Advisory Workgroup on The Florida Supreme Court Approved Family Law Forms and, on its own motion, the Court proposes several additional relocation forms. Additionally, the committee proposes two new forms for use in proceedings to disestablish paternity and terminate child support under section 742.18, Florida Statutes (2006).

The Court invites all interested persons to comment on the proposed rule amendments and the proposed new forms, which are reproduced in full below, as well as online at http://www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the Court on or before September 4, 2007, with a certificate of service verifying that a copy has been served on the committee chair, Raymond T. McNeal, 2640 S.E. 45th Street, Ocala, FL 34480, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The committee chair has until September 25, 2007, to file a response to any comments filed with the Court. Electronic copies of all comments also must be filed in accordance with the Court's administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).

IN THE SUPREME COURT OF FLORIDA

IN RE AMENDMENTS TO THE FAMILY LAW RULES, CASE NO. SC06-2513

RULE 12.285. MANDATORY DISCLOSURE (a) Application. (1) Scope. This rule shall apply to all proceedings within the scope of these rules except proceedings involving adoption, simplified dissolution, enforcement, contempt, injunctions for domestic, repeat, dating, or sexual vio lence, relocation of a minor child, and uncontested dissolutions when the respondent is served by publication and does not file an answer. Additionally, no financial

affidavit or other documents shall be required under this rule from a party seeking attorneys’ fees, suit money, or costs, if the basis for the request is solely under section 57.105, Florida Statutes, or any successor statute. Except for the provisions as to financial affidavits and child support guidelines worksheets, any portion of this rule may be modified by order of the court or agreement of the parties. (2) Original and Duplicate Copies. Unless otherwise agreed by the parties or ordered by the court, copies of documents required under this rule may be produced in lieu of originals. Originals, when available, shall be produced for inspection upon request. Parties shall not be required to serve duplicates of documents previously served. (b) – (k) [No change]

Commentary

[No change]

Committee Notes

[No change] RULE 12.635 RELOCATION OF MINOR CHILD (a) Application. This rule applies to all proceedings to relocate the principal residence of a minor child under section 61.13001, Florida Statutes.

(b) Pleadings and Papers. All pleadings and papers filed with the court under this rule shall comply with the privacy provisions of rule 12.280.

(c) Mandatory Disclosure. Rule 12.285 shall not apply to proceedings to relocate the principal residence of a minor child under section 61.13001, Florida Statutes. (d) Notice of Intent to Relocate.

(1) Service. A parent or other person having primary residential responsibility for, or who is entitled to timesharing with, a minor child who seeks to relocate the minor child’s principal residence under section 61.13001, Florida Statutes, shall file with the court Florida Family Law Rules of Procedure Form 12.950(b), Certificate of Service of Notice of Intent to Relocate with Minor Child. Florida Family Law Rules of Procedure Form 12.950(a), Notice of Intent to Relocate with Minor Child, shall not be filed with the court with the certificate of service. The parent seeking to relocate shall contemporaneously serve on any other parent or person having primary residential responsibility for, or who is entitled to timesharing with, a minor child, a copy of Form 12.950(a), Notice of Intent to Relocate with Minor Child, and a separate form 12.950(b), as follows:

(A) If an action concerning the child is not then pending with the court, the copy of the notice of intent and the separate certificate of service shall be served by certified mail, restricted delivery, return receipt requested.

(B) If an action concerning the child is pending with the court, the copy of the notice of intent and the separate certificate of service shall be served in accordance with these rules. (2) Duty to Update. Section 61.13001, Florida Statutes, requires a person giving notice of a proposed relocation to update the information within the notice of intent by providing current information as it becomes known. This is a continuing duty of the person giving notice of a proposed relocation. (e) Objection to Notice of Intent to Relocate. A person on whom a notice of intent to relocate is served may object to the proposed relocation, in writing, within 30 days of service of the notice of intent, by filing with the court and serving by mail on the party seeking relocation at the address indicated for service on the notice of intent, Florida Family Law Rules of Procedure Form 12.950(c), Objection to Notice of Intent to Relocate. (f) Waiver of Right to Object. Failure to timely file an objection to the notice of intent to relocate waives that person’s right to a hearing on the proposed relocation and the right to object to the proposed relocation. It shall be presumed

that the relocation is in the child’s best interests. No evidentiary hearing is required to approve the proposed relocation if a timely objection is not filed.

(g) Pleadings. (1) After expiration of the time to file an objection to the notice of intent to relocate, but before relocating with the child, the person seeking to relocate with the minor child shall file with the court and serve, in accordance with these rules, on all persons having primary residential responsibility for, or who are entitled to timesharing with, the minor child, the following: (A) A supplemental petition to relocate minor child’s principal residence or, if an initial proceeding, a petition or motion to relocate with minor child. (B) The original notice of intent to relocate previously served. (C) A Uniform Child Custody Jurisdiction and Enforcement Act Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d). (2) Responsive pleadings and motions shall be served as provided by these rules. (h) Hearings. (1) Objection to Notice of Intent to Relocate. The party seeking to relocate with the minor child may request a hearing on the objection to notice of intent to relocate at any time following service of the supplemental petition, petition, or motion to relocate minor child on the parent or person opposing the proposed relocation.

(2) Petition or Motion to Relocate With Minor Child. The party seeking to relocate with the minor child may request a hearing on the supplemental or initial petition to relocate with minor child in accordance with these rules.

(3) No Objection to Notice of Intent to Relocate. If a timely objection to the notice of intent to relocate was not filed, the party seeking to relocate with the minor child may request a nonevidentiary hearing on the supplemental petition, petition, or motion at any time following service of the supplemental petition, petition, or motion to relocate with minor child.

(i) Orders.

(1) Temporary Orders on Relocation with Minor Child. If the court determines that the proposed relocation is in the minor child’s best interests, the court may enter a temporary order permitting the relocation of the child’s primary residence.

(2) Final Orders and Judgments Permitting Relocation with Minor Child. The court may enter a partial or final judgment or order granting the relocation if the court finds that an objection was not timely filed or, if timely filed, if the intended relocation is in the best interests of the minor child.

(j) Relocation of Minor Child by Agreement of the Parties. (1) If all persons having residential responsibility for, or entitled to timesharing with, the minor child agree to the proposed relocation, and have signed an agreement in compliance with section 61.13001(2), Florida Statutes, before the relocation of the minor child, the person seeking to relocate with the minor child shall file with the court and serve on all parties to the agreement:

(A) a supplemental petition for relocation with minor child or, if an order establishing primary residential responsibility for the minor child has not previously been entered, the person shall file a petition for relocation of minor child if no action is pending, or a motion to relocate with minor child if an original proceeding is pending; (B) a copy of the agreement permitting relocation of the minor child in compliance with section 61.13001, Florida Statutes; and

(C) a Uniform Child Custody Jurisdiction and Enforcement Act Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), and shall obtain a judgment from the court permitting the relocation if the court determines that the proposed relocation is in the minor child’s best interests. (2) If an agreement complying with section 61.13001(2), Florida Statutes, has been filed with the court, the person seeking to relocate does not need to serve a notice of intent to relocate with minor child or a certificate of service of notice of intent to relocate. (3) If an agreement complying with section 61.13001(2), Florida Statutes, has been signed by all of the persons having primary residential responsibility for, or entitlement to timesharing with, the minor child, the proposed relocation is presumed to be in the child’s best interests and the court may enter an order or judgment granting the relocation without an evidentiary hearing, unless one of the parties to the agreement requests an evidentiary hearing, in writing, within 10 days of the agreement being filed with the court. (k) Notice of Withdrawal of Intent to Relocate. The person seeking to relocate with the minor child shall file with the court, at any time after serving the notice of intent to relocate with minor child, a Notice of Withdrawal of Intent to Relocate indicating the date of service of the certificate of service of notice of intent to relocate at the time the person serving the notice of intent to relocate no longer seeks the proposed relocation.

Instructions for Florida Family Law Rules of Procedure Form 12.950(a), Notice of Intent to Relocate with Child(ren) (--/--)

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.950(a),

NOTICE OF INTENT TO RELOCATE WITH CHILD(REN)

When should this form be used?

This form should be used by a parent to provide notice to the other parent and every other person entitled to visitation with the child(ren) of an intent to relocate the child(ren)’s principal residence. You must provide this notice if: 1. You plan to relocate the child(ren)’s residence more than 50 miles from the child(ren)’s principal residence at the time of the last order establishing or modifying primary residence or custody, unless the move will place the child(ren)’s principal residence less than 50 miles from the other parent; 2. The court has not entered an order granting permission to relocate. 3. The relocation will be for a period of 60 consecutive days or more, not including any absence for purposes of vacation, education, or medical care for the child(ren). 4. Your order regarding custody, primary residence, or visitation was entered before October 1, 2006 and the order does not expressly govern the relocation of the child(ren); or was entered on or after October 1, 2006, or if your case was pending on October 1, 2006. This form should be typed or printed in black ink. You must fill in all sections of the form. After completing the form, you should sign the form before a notary public or deputy clerk.

What should I do next?

You must serve a copy of this form on the other parent of the child(ren) and on every other person entitled to visitation with the child(ren). If there is a pending court action, service must be made according to Florida Family Law Rule of Procedure 12.080. Otherwise, it may be served under Chapter 48 or 49, Florida Statutes, or by certified mail, restricted delivery, return receipt requested. You should keep the original of this form for your records. You should not file this form with the court at this time. The other parent or person entitled to visitation with the child(ren) has 30 days after service of this Notice of Intent to Relocate to object to the relocation by filing Objection to Relocation of Minor Child(ren), Florida Family Law Rules of Procedure Form 12.950(c). If no objection is filed, the relocation will be allowed, without further notice or a hearing, unless it is not in the best interests of the child(ren). If no objection is filed, you should file with the court a supplemental petition requesting relocation, attaching the Notice of Intent to Relocate , and request the court to enter a final judgment granting the relocation and adopting your proposal for visitation and transportation arrangements. If an objection is filed you must file a Supplemental Petition to Modify Custody or Visitation and Other Relief, Florida Supreme Court Approved Family Law Form 12.905(a), with the court

Instructions for Florida Family Law Rules of Procedure Form 12.950(a), Notice of Intent to Relocate with Child(ren) (--/--)

to obtain permission to relocate and modify the other parent’s visitation. You must properly notify the other parties in your case of the supplemental petition. If you know where he or she lives, you should use personal service..

Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. For further information, see section 61.13001, Florida Statutes.

Special notes . . .

A person giving notice of a proposed relocation or change of residence address has a continuing duty to provide current and updated information when that information becomes known,

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Florida Family Law Rules of Procedure Form 12.950(a), Notice of Intent to Relocate with Child(ren) (--/--)

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA

Case No.: Division:

, Petitioner,

and

,

Respondent.

NOTICE OF INTENT TO RELOCATE WITH CHILD(REN)

I, {full legal name} , give notice to {full legal name(s)} of my intention to relocate the principal residence of the following child(ren): Name Birth date Current Address I am providing the following information as required by section 61.13001(2), Florida Statutes: 1. The location of the intended new residence, including the state, city, and physical

address, if known, is:

2. The mailing address of the new physical residence, if not the same as the physical

address, is:

3. The home telephone number of the intended new residence, if known, is: 4. The date of the intended move or proposed relocation is: 5. a. The specific reasons for the proposed relocation of the child(ren) are:

Attach additional sheets if necessary.


b. One of the reasons for the proposed relocation is a job offer. [ v one only] ( ) Yes ( )

No. The job offer is in writing. [ v one only] ( ) Yes ( ) No. A copy of the written job offer is attached to this notice.

6. a. The proposed post-relocation schedule of visitation is as follows:

Attach additional sheets if necessary. b. The proposed post-relocation transportation arrangements necessary to effectuate

visitation with the child(ren) are as follows:

Attach additional sheets if necessary AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN

WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF NOTICE OF THIS INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.

7. The mailing address of the parent seeking to relocate to whom the objection must be sent

is listed below.

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated:

Signature of Parent Seeking to Relocate Printed Name: Address: City, State, Zip: Telephone Number: Fax Number:

STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by .


NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or deputy clerk.]

Personally known Produced identification

Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name} , who is the [ v one only] petitioner or respondent, fill out this form.

Instructions for Florida Family Law Rules of Procedure Form 12.950(b), Certificate of Service of Notice of Intent to Relocate with Child(ren) (--/--)

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.950(b) CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO RELOCATE WITH CHILD(REN)


This form should be used by a parent to provide notice to the court that you are simultaneously serving a Notice of Intent to Relocate with Child(ren), Florida Family Law Rules of Procedure Form 12.950(a), on the child(ren)’s other parent and every other person entitled to visitation with the children. You must file this certificate with the court. This form should be typed or printed in black ink.


You must serve a copy of this form on the child(ren)’s other parent and on every other person entitled to visitation with the child(ren). If there is a pending court action, service must be made according to Florida Family Law Rule of Procedure 12.080. Otherwise, it may b served under Chapter 48 or 49, Florida Statutes, or by certified mail, restricted delivery, return receipt requested. You should file the original of this form with the court and keep a copy for your records.


Special notes . . .


Florida Family Law Rules of Procedure Form 12.950(b), Certificate of Service of Notice of Intent to Relocate with Child(ren) (--/--)

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,

IN AND FOR COUNTY, FLORIDA

Case No.: Division:

, Petitioner,

and

,

Respondent.

CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO RELOCATE WITH CHILD(REN)

I, {full legal name} , parent of {child(ren)’s name(s)} , hereby certify that I served a Notice of Intent to Relocate with Child(ren), Florida Family Law Rule of Procedure Form 12.950(a), under section 61.13001(2), Florida Statutes, on {date} on the following: Other parent: Name: Address: City, State, Zip: Fax Number: Other person entitled to visitation with child(ren): Name: Address: City, State, Zip: Fax Number: Other person entitled to visitation with child(ren): Name: Address: City, State, Zip: Fax Number: I certify that this Certificate of Service of Notice of Intent to Relocate with Child(ren) was [v one only] ( ) mailed, certified mail, restricted delivery, return receipt requested ( ) faxed and mailed ( ) hand delivered to the person(s) listed above on {date}

Signature of Parent Seeking to Relocate Printed Name: Address: City, State, Zip:

Florida Family Law Rules of Procedure Form 12.950(b), Certificate of Service of Notice of Intent to Relocate with Child(ren) (--/--)

Telephone Number: Fax Number: IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name} , who is the [ v one only] petitioner or respondent, fill out this form.

Instructions for Florida Family Law Rules of Procedure Form 12.950(c), Objection to Notice of Intent to Relocate with Children (--/--)

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.950(c), OBJECTION TO NOTICE OF INTENT TO RELOCATE


You should use this form if a Notice of Intent to Relocate , Florida Family Law Rules of Procedure Form 12.950(a), has been served on you. If you object to the proposed relocation, you have 30 days from the time the Notice of Intent to Relocate is served on you to file this form with the court serve it on the other parent. If you do not file this form on time, it will be presumed that the relocation is in the best interest of the child(ren), the relocation will be allowed, and the court will enter an order permitting the child(ren)’s relocation. If you file this form, the parent who wants to relocate has the burden or initiating court proceedings to obtain permission to relocate before doing so. This form should be typed or printed in black ink. After completing the form, you should sign the form before a notary public or deputy clerk.


You should file the original of this form with the clerk of the circuit court and retain a copy for your records. A copy of this form must also be mailed or hand delivered to the child(ren)’s other parent and any other person entitled to visitation with the child(ren). If your objection is filed and served properly, the other parent may not, without obtaining permission of the court, relocate the child(ren)’s principal residence more than 50 miles away from his or her principal place of residence at the time of the entry of the last order establishing or modifying the designation of the primary residential parent or the custody of the minor child, unless the move places the principal residence of the minor child(ren) less than 50 miles from the nonresidential parent.


Special notes . . .


Florida Family Law Rules of Procedure Form 12.950(c), Objection to Notice of Intent to Relocate with Child(ren) (--/--)

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,

IN AND FOR COUNTY, FLORIDA

Case No.: Division:

, Petitioner,

and

,

Respondent.

OBJECTION TO NOTICE OF INTENT TO RELOCATE WITH CHILD(REN)

1. I, {full legal name} , am a [v one only] ( ) parent of a minor child(ren) ( ) person entitled to visitation with a child(ren), {child(ren)’s name(s)} .

2. A Notice of Intent to Relocate with Child(ren) has been served on me on {date}

. 3. The Notice of Intent to Relocate with Child(ren) does not comply with section

61.13001, Florida Statutes, because the notice did not include [v all that apply] the physical location and mailing address of the intended residence. a detailed statement of the specific reasons for the proposed relocation. a written job offer. a proposed post-relocation visitation schedule. proposed post-relocation transportation arrangements. 4. I object to the relocation of the child(ren) because {specify reasons and facts supporting

your opposition}

Attach additional sheets if necessary.


5. I am involved and participate in the life/lives of my child(ren) as follows {describe past and current involvement in the child(ren)’s lives}:

Attach additional sheets if necessary. 6. I ask the court to enter an order prohibiting the relocation. I certify that a copy of this document was [v one only] ( ) mailed ( ) faxed ( ) hand delivered to the other person(s) listed below on {date} . Other parent: Name: Address: City, State, Zip: Fax Number: Other person entitled to visitation with child(ren): Name: Address: City, State, Zip: Fax Number:

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this objection to relocation and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated:

Signature of Parent or Other Person Entitled to Visitation Printed Name: Address: City, State, Zip: Telephone Number: Fax Number:



NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or deputy clerk.]


Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name} , who is the [ v one only] petitioner or respondent, fill out this form.

Instructions for Florida Supreme Court Approved Family Law Form 12.950(d), Agreement for Modification to Permit Relocation with Child(ren) (06/07)

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.950(d), AGREEMENT FOR MODIFICATION TO PERMIT RELOCATION WITH MINOR

CHILD(REN)


This form should be used when both parties are in agreement and are asking the court to permit the relocation of the child(ren)’s principal residence. This form can be used when the parties agree and the Respondent has not filed an Objection to the Notice of Intent to Relocate, or at any time after a Supplemental Petition has been filed and the parties reach an agreement; and, 1. You plan to relocate the child(ren)’s residence more than 50 miles from the child(ren)’s

principal residence at the time of the last order which established or modified primary residence or custody, unless the move will place the child(ren)’s principal residence less than 50 miles from the other parent;

2. The court has not already entered an order granting permission to relocate. 3. The relocation will be for a period of 60 consecutive days or more, not including any

absence for purposes of vacation, education, or health care for the child(ren). 4. Your order regarding custody, primary residence, or visitation was entered before

October 1, 2006 and the order does not expressly govern the relocation of the child(ren); or was entered on or after October 1, 2006, or your case was pending on October 1, 2006.

This form should be typed or printed in black ink. You must fill in all sections of the form. After completing the form, you should sign the form before a notary public or deputy clerk. You should file this form in the county where the original order was entered. If the order was entered in another state, or if the child(ren) live(s) in another state, you should speak with an attorney about where to file this form. You should file the original with the clerk of the circuit court and keep a copy for your records.

What should I do next? For your case to proceed, you must properly notify the court by filing the original of this agreement with the Clerk of the Circuit Court in the County where the Notice of Intent to Relocate or the Supplemental Petition for Modification of Relocation of Children was filed. Once both parties have signed the Agreement and no objection to the Notice of Intent to relocate has been filed, the Petitioner may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. The court may also enter an order adopting your Stipulation and Agreement without the necessity of a hearing. Or, if the Respondent files an answer that agrees with everything in the supplemental petition, if one has been filed, or files an answer and waiver, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using

Instructions for Florida Supreme Court Approved Family Law Form 12.950(d), Agreement for Modification to Permit Relocation with Child(ren) (06/07)

a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. The Court may also enter an order adopting your Agreement without the necessity of a hearing. Or, if the Respondent files an answer contesting the Notice of Intent to Relocate and the parties reach an agreement later and both parties sign the agreement which resolves every issue raised in the supplemental petition, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see chapter 61, Florida Statutes. If your case involves a modification of any provision relating to child support, you should also check with the Clerk of Court in the county where you are filing this Agreement to Permit Relocation with Minor Child to determine if a Memorandum to the Clerk is required. If both parties are in agreement to a modification of child support the following forms should be filed with this Agreement:

• A Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e),

• A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c).

• A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d).

Florida Supreme Court Approved Family Law Form 12.950(d), Agreement for Modification to Permit Relocation with Child(ren) (06/07)


Case No.: Division:

, Petitioner,

and

,

Respondent.

AGREEMENT FOR MODIFICATION TO PERMIT RELOCATION WITH MINOR CHILD (REN)

____INCLUDING OR___ NOT INCLUDING MODIFICATION OF CHILD SUPPORT

I, {full legal name} , (Petitioner) and I, {full legal name} _______________________________________, (Respondent) being sworn, certify that the following information is true: 1. The parties to this action were granted a final judgment of ( ) dissolution of marriage

( ) paternity on {date} . A copy of the final judgment and any modification(s) is/are attached.

2. Paragraph(s) of the ( ) final judgment or ( ) most recent modification thereof

describes the present custody and/or visitation ordered. 3. Since the final judgment or last modification thereof, there has been a substantial change

in circumstances, requiring a modification of the present visitation schedule. Both parties agree and stipulate to the following terms regarding modification to allow the ________________________to relocate with the minor child (ren) and modify the terms regarding visitation, with or without a hearing.

a. The location of the intended new residence, including the state, city, and physical


b. The mailing address of the new physical residence, if not the same as the physical

address, is: ____________________________________________________________________ c. The home telephone number of the intended new residence, if known, is:__________ d. The date of the intended move or proposed relocation is: 4. The specific reasons for the proposed relocation of the child(ren) are:


Attach additional sheets if necessary. 5. The name(s) and birthdates(s) of the child(ren) herein are: Name Birth date ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 6. Visitation shall remain the same as previously set out in the ( ) Final Judgment of

Dissolution, ( ) Final Judgment of Paternity or subsequent ( ) Supplemental Order of Modification dated ____________________ and will continue as is without modification; OR

____ We ask that the Court to modify the visitation as follows in light of the fact that the

children will not be able to visit as frequently due to the distance: {explain} ________________________________________________________________________ ________________________________________________________________________ a. The visitation schedule will be changed as follows. (Check all that apply)

___The children shall be with the ( ) Petitioner ( ) Respondent on the following holidays every year _______________________or the parties shall rotate the following holidays _____________________________________________________ _____________________________________________________________ with the ( ) Petitioner ( )Respondent having the first holiday every ( )odd ( ) even year beginning in _________________.

Examples of Visitation Times: Thanksgiving: Petitioner From_________________________ Until_________________ Respondent From_________________________ Until_________________ Winter School Break: Petitioner From ________________________ Until_________________ Respondent From _________________________Until________________ Spring School Break: Petitioner From ________________________ Until_________________ Respondent From_________________________ Until________________ Summer School Break: Petitioner From ________________________ Until_________________


Respondent From_________________________ Until________________ Other: Petitioner From _______________________ Until_________________ Respondent From _______________________ Until_________________ Other: Petitioner From________________________ Until__________________ Respondent From________________________ Until__________________ b. The children will be allowed to call the ( ) Respondent ( ) Petitioner {number of times} at {time} ________ on {days of the week} . The _______________ ( ) Petitioner ( ) Respondent will initiate the phone call. The________________( ) Petitioner ( ) Respondent will be responsible for the cost______________ OR;

___ The ( ) Petitioner ( )Respondent) will furnish the child (ren) with a prepaid phone card or 800 number.

c. The parties agree that the minor child(ren) is/are {years old} _______: of sufficient

maturity to be allowed to fly unaccompanied, under the supervision of the designated airline, ___ or with an adult designated by the parties who shall be {name} ______________. The parties further agree that the visitation period shall begin at the point in time that the child departs on the airline.

Should the parties agree that the child(ren) be required to fly in order to accommodate the visitation, the costs shall be paid by the ( ) Petitioner ( ) Respondent, ( ) Divided equally by the parties, or ( ) other.

The child (ren) shall leave from the ________________airport and shall arrive at________________ airport. d. Should flying not be appropriate, the exchange of the child (ren) shall be made as follows: ___ the Petitioner shall transport the children to the home of Respondent or a mutually agreeable point both ways. ___ the Respondent shall pick up the children at the home of the Petitioner or other mutually agreeable spot and return the children, or ____ the parties shall each divide the transportation.{explain}___________________ ____________________________________________________________________ ____________________________________________________________________ 7. The Petitioner/Respondent shall be entitled to a copy of any and all school records regarding the children. The Petitioner/Respondent shall furnish a copy of the Order and Agreement reached herein and shall furnish the school with the address of the other party.

The Petitioner/Respondent shall also furnish the name and address of the school or day care to the other party. The Petitioner/ Respondent shall furnish stamped self addressed envelopes to the school so that they may send duplicates directly to the other party, if requested. If the school has a website the Petitioner/Respondent shall give that information to the other parent and that parent may obtain a password to the school website.


8. This modification is in the best interests of the child (ren) because: {explain} __________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

9. If the requested modification is granted, the parties agree that child support be modified, consistent with the modification of visitation. A Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is, or will be filed. [v One only] ( ) Yes ( ) No. If the parties have an agreement the agreement will stand.

10. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure

Form 12.902(b) or (c), is, or will be, filed. 11. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this Agreement.

12. If not previously filed in this case, a completed Notice of Social Security Number,

Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this Agreement.

13. Other:__________________________________________________________________

____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

I certify that I have been open and honest in entering into this settlement agreement.

I am satisfied with this agreement and intend to be bound by it. Dated: Signature of Petitioner

Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: ____________________________________________ STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by .

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or deputy clerk.]

Personally known


Produced identification Type of identification produced

I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it. Dated: Signature of Respondent

Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: ___________________________________________ STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by .



Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} ,{phone} ______, helped {name} ____________________________________, who is the petitioner, fill out this form.

Instruction for Florida Supreme Court Approved Family Law Form 12.950(e), Motion for Order Permitting Relocation of Minor Child(ren) (Ex Parte) (06/07)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.950(e),

MOTION FOR ORDER PERMITTING RELOCATION OF MINOR CHILD(REN) (EXPARTE)


You should use this form if:

1. You previously filed a Certificate of Filing Notice of Intent to Relocate, Florida Family Law Rules of Procedure 12.950(a);

2. You previously provided, through personal service , the Certificate of Filing Notice

of Intent to Relocate, Florida Family Law Rules of Procedure Form 12.950(b), and the Notice of Intent to Relocate, Florida Family Law Rules of Procedure Form 12.950(a), to the other parent of the child(ren) and any other person entitled to visitation with the child(ren); and

3. The other parent of the child(ren) and any other person entitled to visitation with the

child(ren) failed to file an objection within 30 days after personal service of your Notice of Intent to Relocate.

After completing this form, you should sign the form before a notary public or deputy clerk . You should then file the original with the clerk of the circuit court in the county where your case was filed and keep a copy for your records. This form should be typed or printed in black ink.

What should I do next? A copy of this form must be mailed or hand delivered to the other parent of the child(ren) and to every other person entitled to visitation with the child(ren). Upon receipt of this motion, if the other parent and any other person entitled to visitation with the child does not object to your relocation within 30 days of receiving your Notice of Intent to Relocate (no objection to the relocation is filed in the clerk’s office), the court shall enter an order adopting the visitation schedule and transportation arrangements contained in your Notice of Intent to Relocate. The court may issue an order without holding a hearing. Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see sections 61.13001, Florida Statutes. Special notes... A person giving notice of a proposed relocation or change of residential address has a continuing duty to provide current and updated information when that information becomes known. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer

Instruction for Florida Supreme Court Approved Family Law Form 12.950(e), Motion for Order Permitting Relocation of Minor Child(ren) (Ex Parte) (06/07)

helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Florida Supreme Court Approved Family Law Form 12.950(e), Motion for Order P ermitting Relocation of Minor Child(ren) (Ex Parte) (06/07)


Case No.: Division:

, Petitioner,

and ,

Respondent.

MOTION FOR ORDER PERMITTING RELOCATION OF MINOR CHILD(REN) (EX PARTE)

( ) Petitioner ( ) Respondent requests that the Court enter an order permitting the

relocation of the minor child(ren) as authorized in section 61.13001(3)(e), Florida Statutes, and states:

1. ( ) Petitioner ( ) Respondent is the primary residential parent or person who, by court order, maintains the primary residence of the following minor child(ren) subject to this proceeding:

Name Birth Date Age Sex Location/Address

2. On {date} , ( ) Petitioner ( ) Respondent served a

Notice of Intent to Relocate on the child(ren)’s other parent, and every other person entitled to visitation with the child(ren). The Notice of Intent to Relocate includes: [ √ all that apply]

a. ( ) Petitioner’s ( ) Respondent’s signature under oath under penalty of perjury. b. A description of the location of the intended new residence, including the

state, city, and specific physical address, if known. c. The mailing address of the intended new residence, if not the same as the

physical address, if known. d. The date of the intended move or proposed relocation. e. A detailed statement of the specific reasons for the proposed relocation of the

child. If one of the reasons is based upon a job offer which has been reduced to writing, that written job offer must be attached to the Notice of Intent to Relocate.

f. A proposal for the revised postrelocation schedule of visitation together with a proposal for the postrelocation transportation arrangements necessary to effectuate visitation with the child.

g. The following statement, in all capital letters and in the same size type, or larger, as the type in the remainder of the notice:


AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.

h. The mailing address of the parent or other person seeking to relocate to which the objection filed under subsection (5) to the Notice of Intent to Relocate should be sent.

3. On {date} ______________, ( ) Petitioner ( ) Respondent served a Certificate of

Filing Notice of Intent to Relocate on the child(ren)’s other parent and on every other person entitled to visitation with the child(ren). The Certificate of Filing Notice of Intent to Relocate certified the date that the Notice of Intent to Relocate was served on the other parent and on every other person entitled to visitation with the child.

4. ( ) Petitioner ( ) Respondent is attaching to this motion a copy of the following

documents: a. Certificate of Filing Notice of Intent to Relocate, Florida Family Supreme Court Approved Law Form 12.950(b). b. Notice of Intent to Relocate, Florida Family Supreme Court Approved Law Form 12.950(a).

5. The other parent and any other person entitled to visitation with the minor child(ren)

failed to file an objection to the Notice of Intent to Relocate within 30 days of receiving it, in accordance with sections 61.13001(3)(e) and 61.13001(5).

6. It is in the best interest of the child(ren) that the Court permit the minor child(ren) to

relocate and adopt the visitation schedule and transportation arrangements contained in the Notice of Intent to Relocate.

WHEREFORE, ( ) Petitioner ( ) Respondent requests the Court enter an Order Permitting Relocation of Minor Child(ren), as authorized in section 61.13001(3)(e), which adopts the visitation schedule and transportation arrangements contained in the Notice of Intent to Relocate.

I certify that a copy of this document was [√ one only] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} _____________________.

I understand that I am swearing or affirming under oath to the truthfulness of the claims made above and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

_______________________________________ Signature of Party Printed Name: Address: City, State, Zip: Telephone Number: Fax Number:


Other party or his/her attorney: Name: Address: City, State, Zip: Fax Number:

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ ? fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name} , who is the [ √ one only] petitioner or respondent, fill out this form.

Instructions for Florida Supreme Court Approved Family Law Form 12.950(f), Supplemental Petition to Permit Relocation with Child(ren)

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.950(f), SUPPLEMENTAL PETITION TO PERMIT RELOCATION WITH MINOR CHILD(REN)


This form should be used when you are asking the court to permit the relocation of the child(ren)’s principal if: 1. You plan to relocate the child(ren)’s residence more than 50 miles from the child(ren)’s

principal residence at the time of the last which order established or modified primary residence or custody, unless the move will place the child(ren)’s principal residence fewer than 50 miles from the other parent;

2. The court has not entered an order granting permission to relocate. 3. The relocation will be for a period of 60 consecutive days or more, not including any absence

for purposes of vacation, education, or health care for the child(ren). 4. Your order regarding custody, primary residence, or visitation was entered before October 1,

2006 and the order does not expressly govern the relocation of the child(ren); or was entered on or after October 1, 2006, or your case was pending on October 1, 2006.

This form should be typed or printed in black ink. You must fill in all sections of the form. After completing the form, you should sign the form before a notary public or deputy clerk. You should file this form in the county where the original order was entered. If the order was entered in another state, or if the child(ren) live(s) in another state, you should speak with an attorney about where to file this form. You should file the original with the clerk of the circuit court and keep a copy for your records.

What should I do next? For your case to proceed, you must properly notify the other party in your case of the supplemental petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if the other party resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage , Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b). If the other party is in the military service of the United States, additional steps for service may be required. See, for example, Memorandum for Certificate of Military Service , Florida Supreme Court Approved Family Law Form 12.912(a). The law regarding constructive service and service on an individual in the military service is very complex. If you have any questions about service, you may wish to consult an attorney regarding these issues. If personal service is used, the other party has 20 days to answer after being served with your supplemental petition. Your case will then generally proceed in one of the following three ways: DEFAULT... If after 20 days, no answer has been filed, you may file a Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or


judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. UNCONTESTED... If the respondent files either an answer that agrees with everything in your supplemental petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED... If the respondent files either an answer or an answer and counterpetition, which disagrees with or denies anything in your supplemental petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If the respondent files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).

Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see chapter 61, Florida Statutes.

Special notes... If you do not have the money to pay the filing fee, you may obtain an Application for Determination of Civil Indigent Status from the clerk, fill it out, and the clerk will determine whether you are eligible to have filing fees deferred. With this form, you must also file the following: C Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida

Supreme Court Approved Family Law Form 12.902(d). C Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form

12.902(e). (If you do not know the other party’s income, you may file this worksheet after his or her financial affidavit has been served on you.)

C Settlement Agreement, if you have reached an agreement on any or all of the issues attach the Proposed Agreement Concerning Relocation of Minor Child(ren). Florida Supreme Court Approved Family Law 12.950(d). Both parties must sign this agreement before a notary public. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

??C Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), if not previously filed.

C Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the supplemental petition on the respondent, if not filed at the time of the supplemental petition.)

C Certificate of Compliance with Mandatory Disclosure , Florida Family Law Rules of


Procedure Form 12.932. (This must be filed within 45 days of service of the supplemental petition on the respondent, if not filed at the time of the supplemental petition, unless you and the other party have agreed not to exchange these documents.)

Child Custody... If you and the respondent are unable to agree about with whom the child(ren) will live most of the time, a judge will decide for you. The judge will decide the parenting arrangements based on the child(ren)’s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren). The judge may request a parenting evaluation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes. Some circuits may require the completion of a parenting course before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses or mediation where you live. Child Support... The court may order one parent to pay child support to assist the other parent in meeting the child(ren)’s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. If you are requesting custody or primary residential responsibility for one or more children, you should request child support in your supplemental petition. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and the other parent will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations. Temporary Relief... If you need temporary relief regarding relocation of the minor child(ren), complete paragraph 9 contained in the Supplemental Petition To Permit Relocation of Minor Child(ren). Final Judgment Form... These family law forms contain a Supplemental Final Judgment Permitting Relocation, Florida Supreme Court Approved Family Law Form 12.950(i), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a),


before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Florida Supreme Court Approved Family Law Form 12.950(f), Supplemental Petition to Permit Relocation with Child(ren)


Case No.: Division:

, Petitioner,

and

,

Respondent.

SUPPLEMENTAL PETITION TO PERMIT RELOCATION WITH MINOR CHILD(REN)

I, {full legal name} , being sworn, certify that the following information is true: 1. The parties to this action were granted a final judgment of ( ) dissolution of marriage

( ) paternity on {date} . A copy of the final judgment and any modification(s) is/are attached.

2. Paragraph(s) of the ( ) final judgment or ( ) most recent modification thereof

describes the present custody and/or visitation ordered. 3. The parties ______have ______have not reached an agreement on relocation. If yes,

attached is a copy of the agreement to this supplemental petition. 4. The parties’ dependent or minor child(ren) is (are): Name Birth Date _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ 5. Since the final judgment or last modification thereof, there has been a substantial change

in circumstances, requir ing a modification of the present visitation schedule because I seek to relocate with the minor child(ren). Pursuant to Section 61.13001(2), Florida Statutes, the following information is provided:

a. The location of the intended new residence, including the state, city, and physical


b. The mailing address of the new physical residence, if not the same as the physical

address, is:


c. The home telephone number of the intended new residence, if known, is:

d. The date of the intended move or proposed relocation is: 6. The specific reasons for the proposed relocation of the child(ren) are:

Attach additional sheets if necessary. 7. One of the reasons for the proposed relocation is a job offer. [ v one only] ( ) Yes

( ) No. The job offer is in writing. [ v one only] ( ) Yes ( ) No. A copy of the written job offer is attached to this Supplemental Petition.

8. I ask the Court to modify visitation as follows: {explain} __________________________

________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

9. This modification is in the best interests of the child(ren) because: {explain} __________

________________________________________________________________________ ________________________________________________________________________

________________________________________________________________________ ________________________________________________________________________

10. If the requested modification is granted, Petitioner requests that child support be

modified, consistent with the modification of visitation. A Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is, or will be filed. [ v one only] ( ) Yes ( ) No.

11. I am requesting a temporary relief hearing to permit relocation of the minor child(ren)

prior to the final hearing. [ v one only] ( ) Yes ( ) No. If yes, explain why you cannot wait for a final hearing date. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

12. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure

Form 12.902(b) or (c), is, or will be, filed.


13. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this petition.

14. If not previously filed in this case, a completed Notice of Social Security Number,

Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition. 15. Other: __________________________________________________________________

________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ I understand that I am swearing or affirming under oath to the truthfulness of the

claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Petitioner:

Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: ____________________________________________


STATE OF FLORIDA COUNTY OF _________________ Sworn to or affirmed and signed before me on by .



Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} ___________, helped {name}_____________________________,who is the petitioner, fill out this form.

Instructions for Florida Supreme Court Approved Family Law Form 12.950(g), Motion for Temporary Order Granting Relocation (06/07)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.950(g),

MOTION FOR TEMPORARY ORDER GRANTING RELOCATION


This form should be used when you have filed a Supplemental Petition. This form includes modification to Permit Relocation with Minor Child(ren). You should use this form to ask the court to permit a temporary relocation of the child(ren)’s principal residence, temporary modification of visitation, temporary modification of child support, and other relief. This form should be typed or printed in black ink. You must fill in all sections of the form. After completing this form, you should file the original with the clerk of the circuit court in the county where the Supplemental Petition for Modification to Permit Relocation with Minor Child(ren) was filed and keep a copy for your records.

What should I do next? A copy of this form, along with all of the other forms required with this motion, must be mailed or hand delivered to the other party in your case. When you have filed all of the required forms, you are ready to set a hearing on your motion. You should check with the clerk, family law intake staff, or judicial assistant for information on the local procedure for scheduling a hearing. When you know the date and time of your hearing, you should notify the other party using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. Words in “bold underline” in these instructions are defined there. For further information, see chapter 61, Florida Statutes.

Special notes... If the temporary relocation of the child(ren) is permitted, the court may require you to provide reasonable security, financial or otherwise, and guarantee that the court-ordered contact with the child(ren) will not be interrupted or interfered with by you. With this form you must also file the following, if not already filed:

C Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d).

C Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), if not previously filed.

C Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days if not filed at the time of the petition.)

C Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), if you are asking for a temporary modification of child support. (If you do not know the other party’s income, you may file this worksheet as soon as a copy of his or her financial affidavit has been served on you.)

Instructions for Florida Supreme Court Approved Family Law Form 12.950(g), Motion for Temporary Order Granting Relocation (06/07)

Temporary Order... These family law forms contain a Temporary Order Granting/Denying Relocation, Florida Supreme Court Approved Family Law Form 12.950(h) which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing. Nonlawyer. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Florida Supreme Court Approved Family Law Form 12.950(g), Motion for Temporary Order Granting Relocation (06/07)


Case No.: _____________________________ Division: ______________________________

, Petitioner,

and

, Respondent. MOTION FOR TEMPORARY ORDER GRANTING RELOCATION The ( ) Petitioner ( ) Respondent requests that the Court enter a temporary order permitting relocation of the minor child(ren). 1. I have filed a Supplemental Petition to Permit Relocation with Minor Child(ren) to the following: a. The location of the intended new residence, including the state, city, and

physical address, if known, is _________________________________________________________

_________________________________________________________________ b. The mailing address of the new physical residence, if not the same as the

physical address, is ____________________________________________________________________________________________________________________

c. The home telephone number of the intended new residence, if known, is ______ _________________________________________________________________ The new principal residence is more than 50 miles from the principal place of residence

at the time of the entry of the last order establishing or modifying the designation of the primary residential parent, and not within 50 miles of the non residential parent.

2. The dependent or minor child(ren) is (are): Name Birth Date ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 3. The required Notice of Intent to Relocate, Florida Supreme Court Family Law Approved

Form 12.950(a) was served on the ( )Petitioner ( ) Respondent or any person entitled to visitation with the child(ren) on _____________________________. An ( ) Objection to Notice of Intent to Relocate was filed or ( ) the time for filing an objection has not passed as of the filing of this Motion.


4. The specific reasons for the proposed relocation of the child(ren) are:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Attach additional sheets if necessary. 5. One of the reasons for the proposed relocation is a job offer. [√ one only] ( )Yes ( )No.

The job offer is in writing. [√ one only] ( )Yes ( )No. A copy of the written job offer is attached to this Motion.

6. I am requesting a temporary relief hearing to permit relocation of the minor child(ren)

and cannot wait for the final hearing because:_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7. The temporary relocation is in the best interests of the child(ren) because: {explain}

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

8. I ask the Court to temporarily modify visitation or parenting time as follows: {explain} ________________________________________________________________________

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

9. ( ) Yes ( )No. I ask the Court to temporarily modify child support, consistent with the

modification of visitation or parenting time. A Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is, or will be filed.

10 Other Relief.

{specify}________________________________________________________________________________________________________________________________________

________________________________________________________________________ ________________________________________________________________________

11. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this motion or has already been filed with the Court.

12. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), is filed with this motion or has already been filed with the Court.

13. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this motion or has already been filed with the


Court.

14. I request that the Court hold a hearing on this matter and grant the relief specifically requested and any other relief this Court may deem just and proper.

I certify that a copy of this document was [√ one only] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} __________________________.

Other party or his/her attorney: Name:_____________________________________________ Address:___________________________________________ City, State, Zip: _____________________________________ Fax Number: _______________________________________ Dated:__________________________ ____________________________________

Signature of Party Printed Name:________________________________ Address: _____________________________ City, State, Zip: _________________________ Telephone Number: ______________________ Fax Number:__________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer}, a nonlawyer, located at {street}, {city},{state}, {phone} , helped {name}, who is the [√ one only] petitioner or respondent, fill out this form.

Florida Supreme Court Approved Family Law Form 12.950(h), Temporary Order Granting/Denying Relocation (06/07)

IN THE CIRCUIT COURT OF THE ___________ JUDICIAL CIRCUIT, IN AND FOR ___________________ COUNTY, FLORIDA

Case No:_________________ Division:_________________

_______________________________ Petitioner,

and _______________________________

Respondent.

TEMPORARY ORDER GRANTING/ DENYING RELOCATION

The cause came before this Court for a hearing on a Motion for Temporary Order Permitting Relocation. The Court, having reviewed the file and heard the testimony, makes these findings of fact and ORDERS as follows: SECTION I. FINDINGS 1. The Court has jurisdiction over the subject matter and the parties. 2. The last order establishing or modifying parental responsibility or visitation was entered

on {date}_______________. 3. The parties dependent or minor child(ren) is (are): Name Birth Date

________________________________________________________________________ ________________________________________________________________________

________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 4. The ( )Petitioner ( )Respondent has filed a Motion for Temporary Order Permitting

Relocation to {address of intented new residence} ________________________________________________________________________

________________________________________________________________________ 5. The new location is more than 50 miles from the principal place of residence at the time

of the entry of the last order establishing or modifying the designation of the primary residential parent, and not within 50 miles from the nonresidential parent. The nonresidential parent filed an objection to the relocation. The party seeking relocation initiated this proceeding seeking court permission for the relocation.

SECTION II: GRANTING OF TEMPORARY ORDER PERMITTING RELOCATION [ √ all that apply] ___ 1. The Motion for Temporary Order Permitting Relocation is GRANTED as the Court

finds: The required Notice of Intent to Relocate was provided in a timely manner; AND Upon examination of the evidence presented at the preliminary hearing, there is a likelihood relocation of the primary physical residence of the child(ren) would be approved on final hearing based upon the factors set forth in section 61.13001(7)


of the Florida Statutes. Facts in support of finding:_____________________________________________________________________________________________________________________________________________________________________________________________

___ 2. Security: The Temporary Order Permitting Relocation ___ IS/ ___ IS NOT conditioned upon the ( )Petitioner ( )Respondent providing reasonable security by: [If security is required, √ all that apply] ___ a. Posting bond in the amount of $______________ with the clerk of this

Court; ___ b. Providing ________________________________________________ ____________________________________________________________ ____________________________________________________________ ___ c. Guaranteeing that the court-ordered contact with the child(ren) will not

be interrupted or interfered with by the relocating party by:_________________________________________________________________________________________________________________________________________________________

SECTION III: DENIAL OF TEMPORARY ORDER PERMITTING RELOCATION [√ all that apply] ___ 1. The Motion for Temporary Order Permitting Relocation is DENIED because

___ a. The required notice of a proposed relocation of the child(ren) was not provided in a timely manner;

___ b. The child(ren) has/have already been relocated without notice or written agreement of the parties or without court approval; OR

___ c. From an examination of the evidence presented at the preliminary hearing, there is a likelihood that upon final hearing, relocation of the primary residence of the child(ren) would not be approved. Facts in support of finding: ____________________________________________________________________________________________________________________________________________________________

___ 2. Temporary Injunction Prohibiting Relocation of Child(ren)

The Court hereby temporarily prohibits and enjoins the ( )Petitioner ( ) Respondent from relocating and removing the child(ren) from the jurisdiction of this Court during the pendency of this proceeding, or until further order of this Court. The Court may enforce compliance with this restraining order through civil and/or indirect criminal contempt proceedings, which may include arrest, incarceration, and or the imposition of a fine.

___ 3. Immediate Return of Child(ren)

The ( ) Petitioner ( )Respondent has failed to comply with the notice of intent to relocate procedure set forth in 61.13001(3), and has relocated the child(ren) in violation of this section. The ( ) Petitioner ( )Respondent shall immediately return the child(ren) to


the jurisdiction of this Court. Failure to immediately return the child(ren) shall subject the non-complying party to contempt and other proceedings to compel return of the child(ren) and may be taken into account in any initial or post judgment action seeking a determination or modification of the designation of the primary residential parent or of the residence, custody, or visitation with the child(ren).

[√ ONLY IF TEMPORARY RELOCATION IS PERMITTED] SECTION IV: TEMPORARY VISITATION OR TIME SHARING WITH MINOR CHILD(REN) ___ 1. No contact. The non relocating parent shall have no contact with the parties minor

child(ren) until further order of the Court, due to the existing conditions that are detrimental to the welfare of the minor child(ren). {explain} ___________________________________________________________________________________________________________________________________________________________________________________________________

___ 2. Contact. To ensure that the child(ren) has/have frequent, continuing, and meaningful contact, access, visitation, and time-sharing, the non relocating parent shall have:

___ a. reasonable visitation or time sharing with the parties’ minor child(ren) after reasonable notice and as agreed to by the parties. The Court reserves jurisdiction to set a specific schedule.

___ b. the following specified visitation or time sharing with the parties’ minor child(ren):______________________________________________________________________________________________________________________________________________________________________

___ c. communication via telephone, Internet, web-cam, etc. with the parties’ minor child(ren) subject to the following limitations {if any }

_________________________________________________________________ ___ 3. Exchange of Minor Child(ren). The exchange of the minor child(ren) shall be on

time as scheduled by the parties. The following conditions, if checked below, shall also apply.

___ a. The parties shall temporarily exchange the child(ren) at the following location(s): ____________________________________________________________________________________________________________________

___ b. Other conditions for exchange of the child(ren) are as

follows:____________________________________________________ ____________________________________________________________________

___ 4. Cost of Transportation ___ a. The Petitioner shall pay __% and the Respondent shall pay __% of the

transportation costs. ___ b. Other _______________________________________________________

[√ ONLY IF TEMPORARY RELOCATION IS PERMITTED] SECTION V. TEMPORARY MODIFICATION OF CHILD SUPPORT ___ 1. The Court finds that based upon the Temporary Order Granting Relocation, the ( )

Petitioner’s ( ) Respondent’s child support obligation should be temporarily modified in


consideration of the costs of transportation and the respective net incomes of the parents. [√ only one]

___ a. The amounts in the attached Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), filed by the ( ) Petitioner ( ) Respondent are correct.

OR ___ b. The Court makes the following findings:

The Petitioner’s net monthly income is $___________. The Respondent=s net monthly income is $________________. Monthly child care costs are $____________. Monthly health/dental insurance costs are $ ________________. Transportation costs are $__________________.

___ 2. Amount. The Obligor’s child support obligation shall be temporarily modified to

$_______________ per month payable ( ) in accordance with Obligor’s payroll cycle, and in any event, at least once a month ( ) {explain} ______________________, commencing {date} _______________________ and continuing until further court order.

SECTION VI. OTHER 1. Other Provisions

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. The Court reserves jurisdiction to modify and enforce the Temporary Order regarding

relocation. 3. Unless specifically modified by this Temporary Order, the provisions of all final

judgments or orders remain in effect.

ORDERED on ___________________________________________________.

________________________________ CIRCUIT JUDGE

COPIES TO: Petitioner (or his or her attorney) Respondent (or his or her attorney) Central Governmental Depository Other:_______________________

Florida Supreme Court Approved Family Law Form 12.950(i), Final Judgment/Supplemental Final Judgment Granting Relocation (06/07)


Case

No:_____________________ Division:__________________

___ _____________________________,

Petitioner, and

_____________________________, Respondent.

FINAL JUDGMENT/SUPPLEMENTAL FINAL JUDGMENT

GRANTING RELOCATION

The cause came before this Court on the request to relocate with minor child(ren.) The Court makes these findings of fact and ORDERS as follows:

SECTION I. FINDINGS 1. The Court has jurisdiction over the subject matter and the parties. 2. The last order establishing or modifying parental responsibility or visitation (if any) was

entered on {date} . 3. ___ [Tif applicable ] A prior order in this cause expressly governs the issue of relocation

of the child(ren). 4. The parties= dependent or minor child(ren) is (are): Name Birth Date

________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

5. The ( )Petitioner ( )Respondent has filed a request to relocate with minor child(ren)

to{location/or address} , a location more than 50 miles from the principal place of residence at the time of the entry of the last order establishing or modifying the designation of the primary residential parent, and not within 50 miles from the nonresidential parent. If the Court has issued a temporary order authorizing a party seeking to relocate or move a child(ren) before this final judgment, the Court has not given any weight to the temporary relocation as a factor in reaching its decision herein.

6. ____ [Tif applicable ] The nonresidential parent has filed an objection to the relocation.

The party seeking relocation thereafter initiated this proceeding seeking court permission for relocation.

____ [Tif applicable ] The primary residential parent and the other parent and every other person entitled to visitation with the child(ren) agree to the relocation of the child(ren)’s principal residence and have signed a written agreement that reflects: the consent to the


relocation; defines the visitation rights for the nonrelocating parent and any other persons who are entitled to visitation; and, describes, if necessary, any transportation arrangements related to visitation.

____ [Tif applicable ] The nonresidential parent has either filed no objection to the

relocation, or all issues between the parties have been resolved by written agreement. Relocation is granted without a hearing.

The Court has evaluated each of the factors enumerated in Section 61.13001(7), Florida Statutes, and on the evidence presented IT IS ADJUDGED: SECTION II. GRANTING REQUEST TO RELOCATE WITH MINOR CHILD(REN) [Tall that apply] ___ The request to relocate with minor child(ren) is GRANTED.

The following facts were established: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

SECTION III: VISITATION OR TIME SHARING WITH MINOR CHILD(REN) [Tall that apply] ___ 1. No contact. The ( ) non relocating parent and/or ( ) any other party entitled to

have visitation shall have no contact with the parties= minor child(ren) until further order of the Court, due to the existing conditions that are detrimental to the welfare of the minor child(ren). {explain}________________________________________________________

_____________________________________________________________________ ________________________________________________________________________ ___ 2. Contact. To ensure that the child(ren) has/have frequent, continuing, and meaningful

contact, access, visitation, and time-sharing, the ( ) non relocating parent and/or ( ) other party entitled to visitation shall have:

___ a. reasonable visitation or time sharing with the parties’ minor child(ren) after reasonable notice and as agreed to by the parties. The Court reserves jurisdiction to set a specific schedule.

___ b. the following specified visitation or time sharing with the parties= minor child(ren): __________________________________________ __________________________________________________________

___ c. communication via telephone, Internet, web-cam, etc. with the minor child(ren) subject to the following limitations {if any} __________________________________________________________.

___ 3. Exchange of Minor Child(ren). The exchange of the minor child(ren) shall be on time as scheduled by the parties. The following conditions, if checked below shall also apply.

___ a. The parties shall temporarily exchange the child(ren) at the following location(s):_________________________________________________

___ b. Other conditions for exchange of the child(ren) are as follows: ______________


________________________________________________________________ ________________________________________________________________

___ 4. Cost of Transportation ___ a. The Petitioner shall pay ___% and the Respondent shall pay ___% of the

transportation costs. ___ b. Other

__________________________________________________________ SECTION IV. MODIFICATION OF CHILD SUPPORT [Tall that apply] ___ 1. The Court finds that based upon the relocation, the ( ) Petitioner=s ( )Respondent=s

child support obligation should be modified in consideration of the costs of transportation and the respective net incomes of the parents. [Tonly one of the following]

_____ a. The amounts in the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), filed by the ( )Petitioner ( )Respondent are correct OR

_____ b. The Court makes the following findings: The Petitioner=s net monthly income is $___________________. The Respondent=s net monthly income is $___________________. Monthly child care costs are $____________. Monthly health/dental insurance costs are $ ________________. Transportation costs are $___________.

___ 2. Amount. The Obligor=s child support obligation shall be modified to $_______________ per month payable ( ) in accordance with Obligor=s payroll cycle, and in any event, at least once a month ( ) {explain} ___________________________, commencing {date} ____________ and continuing until further court order.

SECTION V. OTHER [Tall that apply] 1. Other Provisions ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 2. The Court reserves jurisdiction to address all issues of parenting time and responsibility,

as well as to enforce or modify the provisions of this Order. 3. Unless specifically modified herein, the provisions of all final judgments or orders in

effect remain the same.

ORDERED on ___________________________________________________.

________________________________ CIRCUIT JUDGE


Florida Supreme Court Approved Family Law Form 12.950(j), Final Judgment/Supplemental Final Judgment Denying Relocation (06/07)


Case No:________________ Division:________________

_________________________________,

Petitioner, and

_________________________________, Respondent.

FINAL JUDGMENT/SUPPLEMENTAL FINAL JUDGMENT

DENYING RELOCATION

The cause came before this Court on the request to relocate with minor child(ren.) The Court makes these findings of fact and ORDERS as follows:

SECTION I. FINDINGS 1. The Court has jurisdiction over the subject matter and the parties. 2. The last order establishing or modifying parental responsibility or visitation (if any) was

entered on {date}_________________________. 3. ___ [Tif applicable ] A prior order in this cause expressly governs the issue of relocation

of the child(ren). 4. The parties= dependent or minor child(ren) is (are): Name Birth Date

________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

5. The ( )Petitioner ( )Respondent has filed a request to relocate with minor child(ren) to

{location/or address} , a location more than 50 miles from the principal place of residence at the time of the entry of the last order establishing or modifying the designation of the primary residential parent, and not within 50 miles of the nonresidential parent. The nonresidential parent has filed an objection to the relocation. The party seeking relocation thereafter initiated this proceeding seeking court permission for relocation.

The Court has evaluated each of the factors enumerated in Section 61.13001(7), Florida

Statutes, and on the evidence presented it is adjudged: SECTION II. DENIAL OF REQUEST TO RELOCATE WITH MINOR CHILD(REN) [Tall that apply] ___ The request to relocate with the minor child(ren) is DENIED because the requested

relocation is not in the best interests of the child(ren).

Facts in support of finding: ________________________________________________________________________

Florida Supreme Court Approved Family Law Form 12.950(j), Final Judgment/Supplemental Final Judgment Denying Relocation (06/07)

________________________________________________________________________ ________________________________________________________________________

___ Order Requiring Return of Child(ren) if Parent and Child(ren) Have Temporarily

Relocated: The ( ) Petitioner ( ) Respondent shall immediately return the child(ren) to the jurisdiction of this Court. Failure to immediately return the child(ren) shall subject the non-complying party to contempt or other proceedings deemed necessary to compel return of the child(ren).

SECTION III. OTHER ___ Other Provisions ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________ ___ The Court reserves jurisdiction to address all issues of parenting time and responsibility,

as well as to enforce or modify the provisions of this Order. ___ Unless specifically modified herein, the provisions of all final judgments or orders

remain in effect. ORDERED on ___________________________________________________.

________________________________ CIRCUIT JUDGE


Instructions for Florida Supreme Court Approved Family Law Form 12.950(k), Motion for Civil Contempt/Return of Child(ren) (06/07)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.950(k),

MOTION FOR CIVIL CONTEMPT/RETURN OF CHILD(REN)

When should this form be used? You may use this form to ask the court to enforce a prior court order or final judgment.


To initiate a civil contempt/enforcement proceeding against a party who has relocated with a child contrary to 61.13001 F.S. or is not complying with a prior court order, you must file a motion with the court expla ining what the party has failed to do. This form should be typed or printed in black ink. After completing this form, you should sign it before a notary public or deputy clerk. You should then file the original with the clerk of the circuit court in the county where your case was filed and keep a copy for your records. A copy of this form must be personally served by a sheriff or private process server or mailed* or hand delivered to any other party(ies) in your case. *Please note that if notice is mailed, the court in certain circumstances may not consider mailing to be adequate notice. If you want to be sure, you should have the motion personally served. This is a technical area of the law; if you have any questions about it, you should consult a lawyer. For more information on personal service, see the instructions for Summons: Personal Service on an Individual, Florida Family Law Rules of Procedure Form 12.910(a). The court will then set a hearing. You should check with the clerk of court, judicial assistant, or family law intake staff for information on the local procedure for scheduling a hearing. Once you know the time and date of the hearing, you will need to complete Notice of Hearing on Motion for Contempt/Enforcement, Florida Supreme Court Approved Family Law Form 12.961, Florida Supreme Court Approved Family Law Form 12.921, or Order of Referral to General Magistrate, Florida Family Law Rules of Procedure Form 12.920(b), which will specify a time and place for a hearing on the issue. A copy of the form you used to schedule the hearing must be mailed or hand delivered to the other party. Again, if notice is mailed, the court in certain circumstances may not consider mailing to be adequate notice. If you want to be sure, you should have the notice personally served. This is a technical area of the law; if you have any questions about it, you should consult a lawyer. For more information on personal service, see the instructions for Summons: Personal Service on an Individual, Florida Family Law Rules of Procedure Form 12.910(a). At the hearing, as in other civil proceedings, you, as the party seeking contempt, will have the burden of proof. The other party will have an opportunity to put on defenses to contempt, if any apply. If the judge finds the other party to be in willful contempt, the judge may order appropriate sanctions to compel compliance by the other party, including jail, payment of attorneys’ fees, suit money, court costs, coercive or compensatory fines, and may order any other relief permitted by law.

Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. See also section 61.14, Florida Statutes and rule 12.615, Florida Family Law Rules of Procedure.

Instructions for Florida Supreme Court Approved Family Law Form 12.950(k), Motion for Civil Contempt/Return of Child(ren) (06/07)


Florida Supreme Court Approved Family Law Form 12.950(k), Motion for Civil Contempt/Return of Child (ren) (06/07)


Case No.: Division:

, Petitioner,

and

,

Respondent.

MOTION FOR CIVIL CONTEMPT/RETURN OF CHILD(REN) ( ) Petitioner ( ) Respondent requests that the Court enter an order of civil contempt/enforcement against ( ) Petitioner ( ) Respondent in this case and return of child(ren) because:

( ) Petitioner ( ) Respondent has relocated with the parties’ minor child(ren)

1. After failing to comply with the notice of intent to relocate procedure as set forth in 61.13001 F.S. (Explain what the other party was required to do and did not do.)________________________

_____________________________________________________________________________.

Check here if additional pages are attached.

or

2. Contrary to Court Order entered on {date} , by {court, city, and state} . Check here if the judgment or order is not from this Court and attach a copy.

This order of the Court required the other party in this case to do or not do the following: {Explain what the other party was ordered to do or not do.}

Check here if additional pages are attached. 3. The other party in this case has willfully failed to comply with this order of the Court: {Explain

what the other party has or has not done.}_____________________________________________ _______________________________________________________________________________

_______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________


_______________________________________________________________________________ _______________________________________________________________________________

Check here if additional pages are attached. 4. I respectfully request that the Court issue an order holding the above-named person in civil

contempt, if appropriate, and/or providing the following relief: a. ordering the immediate return of the minor child(ren); b. granting a temporary order restraining the relocation of minor child(ren);

c. enforcing or compelling compliance with the prior order or judgment; d. requiring the other party to pay costs and fees in connection with this motion; e. if the other party is found to be in civil contempt, ordering a compensatory fine; f. if the other party is found to be in civil contempt, ordering a coercive fine; g. if the other party is found to be in civil contempt, ordering incarceration of the other

party after setting an appropriate purge; h. issuing a writ of bodily attachment if the other party fails to appear at the hearing set

on this motion; i. awarding make-up parenting time with minor child(ren) as follows {explain}:

; and/or j. awarding attorneys fees; k. awarding other relief {explain}:_____________________________________ I certify that a copy of this document was [v one only] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} . Other party or his/her attorney: Name: Address: City, State, Zip: Fax Number:

I understand that I am swearing or affirming under oath to the truthfulness of the claims made above and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated: __________________________ _____________________________________________ Signature of Party

Printed Name: Address: City, State, Zip: Telephone Number: Fax Number:


STATE OF FLORIDA COUNTY OF ________________________ Sworn to or affirmed and signed before me on by .


[Print, type, or stamp commissioned name of notary or clerk.]


Type of identification produced _____________________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} _ , {state} , {phone} , helped {name} , who is the [ / one only] petitioner or respondent, fill out this form.

Florida Supreme Court Approved Family Law Form 12.950 (l), Order on Motion for Civil Contempt/Return of Child(ren)


Case No.: Divis ion:

, Petitioner,

and

,

Respondent.

ORDER ON MOTION FOR CIVIL CONTEMPT FOR

RELOCATION/RETURN OF CHILD(REN)

A Motion was filed by Petitioner ( ) Respondent ( ) for Civil Contempt for Improper Relocation and for the Return of the Minor Child(ren), and the Court finding as follows:

1. ( ) Petitioner ( ) Respondent has relocated with the parties minor child(ren) more than 50 miles away from his or her principal place of residence at the time of the entry of the last order establishing or modifying the designation of primary residential parent or the custody of the minor child and the relocation places the child(ren) more than 50 miles away from the nonresidential parent;

a. ___ After failure to comply with the notice of intent to relocate procedure described in 61.3001(3) by :

Not providing timely notice of a proposed relocation or;

Relocating notwithstanding an Objection filed by the other party

b. Contrary to a court order entered on {date} by this Court;

c. Contrary to a court order entered on {date} ,by {court, city, and state} ________________________________________________________________________

The order of the Court required the other party in this case to do or not do the following: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

2. The ( ) Petitioner ( ) Respondent has willfully failed to comply with this order of the Court as follows: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

Based upon the above findings it is ORDERED AND ADJUDGED as follows:

A. The Motion for Civil Contempt for Relocation/Return of Child is hereby

Florida Supreme Court Approved Family Law Form 12.950 (l), Order on Motion for Civil Contempt/Return of Child(ren)

GRANTED. (1) ( ) Petitioner ( ) Respondent is hereby ordered to immediately return

the minor child(ren) to the jurisdiction of this Court. (2) ( ) Petitioner ( ) Respondent is hereby temporarily restrained from

relocating with the minor child(ren), pending further Order of this Court. (3) This Court shall issue a Writ of Bodily Attachment against the ( )

Petitioner ( ) Respondent based upon the failure to appear at the hearing on the Motion for Contempt.

(4) The ( ) Petitioner ( ) Respondent may purge him/her self of the

Contempt by immediately returning the minor child(ren) to the jurisdiction of this Court.

(5) The ( ) Petitioner ( ) Respondent shall be awarded makeup parenting

time with the minor children as follows: __________________________________________________________

_________________________________________________________________ _________________________________________________________________ (6) The following additional relief is granted:

__________________________________________________________ __________________________________________________________

OR

B. The Motion For Civil Contempt For Relocation/Return Of Child is hereby DENIED.

_____ C. Attorney Fees, Costs, and Suit Money (1) ( ) Petitioner’s ( ) Respondent’s request(s) for attorney fees, costs,

and suit money is/are denied because ____________________________ (2) The Court finds there is a need for and an ability to pay attorneys’ fees,

costs, and suit money. ( ) Petitioner ( ) Respondent is hereby ordered to pay to the other party $ in attorneys’ fees, and $________ in costs. The Court further finds that the attorneys’ fees awarded are based on the reasonable rate of $_________ per hour and reasonable hours. Other provisions relating to attorney fees, costs, and suit money are as follows _________________________________________________________

DONE AND ORDERED at , Florida, on _______________.

___________________ CIRCUIT JUDGE

COPIES TO: Petitioner (or his or her attorney) Respondent (or his or her attorney)

Instructions for Florida Family Law Rules of Procedure Form 12.951(a), Petition to Disestablish Paternity and/or Terminate Child Support Obligation (--/--)

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.951(a),

PETITION TO DISESTABLISH PATERNITY AND/OR TERMINATE CHILD SUPPORT OBLIGATION


This form should be used by a man who wishes to disestablish paternity or terminate a child support obligation because he is not the biological father of the child(ren). The petition must be filed • in the circuit court having jurisdiction over the child support obligation; or • if the child support was determined administratively and has not been ratified by a

court, in the circuit court in which the mother or legal guardian or custodian of the child(ren) resides; or

• if the mother or legal guardian or custodian no longer resides in the state, in the

circuit court in the county in which the petitioner resides. This form should be typed or printed in black ink. After completing the form, you should sign the form before a notary public or deputy clerk. A copy of any judgment or order regarding paternity or child support and a copy of any scientific test results showing that you cannot be the father of the child(ren) must be attached to the petition and filed with the court.


The petition must be served on the mother or legal guardian or custodian of the child(ren). If the child support obligation was determined administratively and has not been ratified by a court, the petition must also be served on the Department of Revenue.

Where can I look for more information?

Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. For further information, see section [hasn’t been codified yet], Florida Statutes.

Special notes . . .


Florida Family Law Rules of Procedure Form 12.951(b), Petition to Disestablish Paternity and/or Terminate Child Support Obligation (--/--)


Case No.: Division:

, Petitioner,

and

,

Respondent.

PETITION TO DISESTABLISH PATERNITY AND/OR TERMINATE CHILD SUPPORT OBLIGATION

I, {full legal name} , certify that the following information is true. 1. Paternity. My paternity of the child(ren), {name(s) and birth date(s)}

was established by

[ v one only] operation of law because I was married to the child(ren)’s mother. adjudication of paternity, entered by {court} on

{date} . acknowledgment of paternity executed on {date} . other: {specify} A copy of any judgment is attached. 2. Child support. My child support obligation for the child(ren), {name(s) and

birth date(s)}, was established by

[v one only] a final judgment of dissolution of marriage, entered by {court}

on {date} . an administrative proceeding to establish child support in {location}

on {date} . a paternity proceeding in {court} on {date} . other {specify} A copy of any judgment is attached. 3. Newly discovered evidence. Newly discovered evidence concerning the paternity

of this/these child(ren) has come to my knowledge since the initial paternity determination or establishment of the child support obligation. {Explain}


4. Scientific tests. The results of scientific tests that are generally acceptable within the scientific

community to show a probability of paternity, administered within 90 days prior to the filing of this petition, indicate that I cannot be the father of the child(ren) for whom support is required. A copy of the test results is attached.

I did not have access to the child(ren) to have scientific testing performed before the filing of this petition and I request that the court order the child(ren) to be tested.

5. Fulfillment of child support obligation. [v one only] I am current on all child support payments for the child(ren) for whom relief is

sought. I have substantially complied with my child support obligation for the child(ren)

and any delinquency in my child support obligation for the child(ren) arose from my inability for just cause to pay the delinquent child support when the delinquent child support became due.

I ask the court to enter an order to: [ v all that apply] disestablish my paternity to {name(s) of child(ren)}

. terminate my obligation to pay child support for {name(s) of child(ren)} .

other: I certify that a copy of this document was [ v one only] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} . Respondent or his/her attorney: Name: Address: City, State, Zip: Fax Number:

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment.


Dated:

Signature of Petitioner Printed Name: Address: City, State, Zip: Telephone Number: Fax Number:


NOTARY PUBLIC or DEPUTY

CLERK [Print, type, or stamp commissioned name of notary or deputy clerk.]


Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name} , who is the [ v one only] petitioner or respondent, fill out this form

Florida Family Law Rules of Procedure Form 12.951(c), Order Disestablishing Paternity and/or Terminating Child Support Obligation (--/--)


Case No.: Division:

, Petitioner,

and

,

Respondent.

ORDER DISESTABLISHING PATERNITY AND/OR TERMINATING CHILD SUPPORT OBLIGATION

This cause came before the court on {date} on {full legal name} ’s petition to [ v all that apply] disestablish paternity to {child(ren)’s names and birth date(s)}

terminate a child support obligation for {child(ren)’s names and birth date(s)}

The court having been fully advised in the premises FINDS all of the following: 1. Newly discovered evidence relating to the paternity of the child(ren) has come to the petitioner’s

knowledge since the initial ( ) paternity determination ( ) establishment of a child support obligation.

2. Scientific tests that are generally acceptable within the scientific community to show a probability

of paternity showing that the petitioner cannot be the father of the children were properly conducted.

3. The petit ioner [ v one only] is current on all child support payments for the child(ren). has substantially complied with his child support obligation for the applicable child(ren) and any

delinquency in his child support obligation arose from his inability for just cause to pay the delinquent child support when it became due.

4. The petitioner has not adopted the child. 5. The child(ren) was/were not conceived by artifical insemination while the petitioner and the

child(ren)’s mother were married. 6. The petitioner did not act to prevent the biological father of the child(ren) from asserting his

Florida Family Law Rules of Procedure Form 12.951(c), Order Disestablishing Paternity and/or Terminating Child Support Obligation (--/--)

paternal rights with respect to the child(ren). 7. The child(ren) was/were younger than 18 years of age when the petition was filed. 8. Since learning that he is not the biological father of the child(ren), the petitioner has not a. married the mother of the child(ren) while known as the reputed father in accordance with

section 742.091, Florida Statutes, and voluntarily assumed the parental obligation and duty to pay child support;

b. acknowledged paternity in a sworn statement; c. consented to be named as the child(ren)’s biological father on the child(ren)’s birth

certificate(s); d. voluntarily promised in writing to support the child(ren) and was required to support the

child(ren) based on that promise; e. received written notice from any state agency or any court directing him to submit to scientific

testing which he disregarded; or f. signed a voluntary acknowledgment of paternity as provided by section 742.10(4), Florida

Statutes. It is therefore ORDERED AND ADJUDGED: [ v all that apply] Petitioner’s, {name} paternity of {name(s) of child(ren)} is disestablished. Petitioner’s, {name} child support obligation to {name(s) of

child(ren)} is terminated. ORDERED ON CIRCUIT JUDGE COPIES TO: Petitioner Respondent Department of Revenue Department of Health, Office of Vital Statistics Court depositor/State Disbursement Unit Other

Date post:	16-Sep-2020
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