Thursday, November 17, 2011

Third DCA Reverses Emergency Relocation Order

The Third District Court of Appeal reversed yesterday in Mata v. Mata, a case in which the lower tribunal had granted the appellee’s emergency motion to permit relocation of the parties’ minor child to North Carolina.  The lower court did not take evidence or testimony, but found based on argument and the pleadings that a temporary relocation would be permitted.  The District Court reversed on the basis that the lower court did not consider the factors in F.S. 61.13002(6)(b)(2) before granting the Mother’s motion for a temporary relocation.  The Court made no finding of a likelihood that the eventual relocation would be granted, and its failure to take testimony or evidence supporting the ruling was found unreasonable as well.

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