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.
Month: August 2011
Child Custody And Visitation in Palm Beach County, Florida
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...
Child Custody And Visitation In Palm Beach County, Florida
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...
Division Of Property And Assets In Palm Beach County, Florida
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...
Child Custody And Visitation In Palm Beach County, Florida
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,...
Child Relocation In Palm Beach County, Florida
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...
Child Custody And Visitation In Palm Beach County, Florida
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...