Relocation Statute Does Not Apply Before Divorce is Filed, But…

In Dunn v. Flores (December 2025), the Third DCA addressed whether Florida’s relocation statute applies to a parent who relocates with children before filing for divorce.

In Dunn, the husband took the children and relocated from Florida to live with his parents in Tennessee. This ocurred during the irreconcilable breakdown of the marriage, but before divorce was filed. His wife quickly filed a divorce and requested an emergency pickup order for return of the children, which the trial court granted.

The husband appealed, arguing that F.S. 61.13001, Florida’s relocation statute, doesn’t prohibit relocation before divorce is filed. The Third DCA agreed, noting the law applies only after a time-sharing order has been ordered, or a pending action has been filed.

However, the court held a that the trial court had discretion to order a parenting plan that included return of the children if determined to be in the best interests of the children under F.S. 61.13(2)(a).

The Fourth DCA stayed the pickup order and remanded for the trial court to hold a hearing on whether returning the children serves their best interests.

Michael DeVoe is a divorce attorney in Orlando, Florida practicing contested divorce, uncontested divorce, timesharing, visitation, custody, paternity, child support, injunctions, and other family law cases.