Wednesday, February 27, 2013

Fourth District Reverses Relocation

The Fourth District Court of Appeal ruled today in Eckert v. Eckert, a case in which the lower court granted the Mother’s request for relocation without making any findings, including even a finding that relocation was in the child’s best interest.  The Mother had testified that other than the use of a home belonging to her son in the new location, she had no reason to move.  The Fourth District reversed the grant of relocation.  In addition, the lower court declined to impute income to the Mother on the basis that the Court believed the parties agreed that she would not work while the child was still young, despite the lack of any reference to any such agreement in the record, and evidence that the Mother returned to work immediately after the birth of the child.  This ruling was also reversed, as was an order that the Father secure child support with two million dollars in insurance and no findings made as to the cost or availability of such insurance.

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