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The standard of review for child relocation cases is abuse of discretion. "This court reviews a trial court's decision on a petition to relocate for an abuse of discretion. See Botterbusch v. Botterbusch, 851 So. 2d 903, 904 (Fla. 4th DCA 2003)." Rossman v. Profera.
If a petitioner meets the burden of proving that the abduction or removal was wrongful, any child who was wrongfully removed is to be promptly returned, unless the respondent can establish an affirmative defense. "If a petitioner meets the burden of proving by a...
Under Article 3 of the Hague Convention, a person may file a petition for the return of the child in any court which is authorized to exercise its jurisdiction in the place where the child is located at the time that the petition is filed. " Article 3 of the Hague...
Once a party is ordered to make an equitable distribution of funds, even if the value of those funds is diminished by market conditions, the dollar amount that is required to be distributed will not be diminished. "Even if Former Wife's half of the funds diminished...
Under Article 3 of the Hague Convention, a person may file a petition for the return of the child in any court which is authorized to exercise its jurisdiction in the place where the child is located at the time that the petition is filed. In Wigley v. Hares,...
In a relocation case, the focus is whether the relocation is in the child's best interest. In Rossman v. Profera, the Florida Court of Appeal stated: "Ultimately, the concern in a relocation determination is whether the relocation is in the best interests of the...
The purpose of the Hague Convention is to establish procedures for the prompt return of children who have been wrongfully removed. In Wigley v. Hares, the Florida Court of Appeal stated... "The Hague Convention 'establishes legal rights and procedures for the...
