Fourth District Court Reverses Order Compelling Child’s Return

The Fourth District Court of Appeal reversed today in Essex v. Davis, a case in which the parties’ child was ordered to be returned to Palm Beach County for a hearing to determine whether the mother had relocated to Louisiana without leave pursuant to F.S. 61.13001 (2011).  The District Court reversed on the basis that the record was not clear that the relocation statute even applied, in that the Mother argued that she was already living in Louisiana at the time of the court’s order establishing timesharing.  The Fourth District in reversing required an evidentiary hearing to determine whether or not the statute applies.