Relocation with Minor Children in Fla

[g-ann]

My son was divorced in 2005. He and his ex were granted "Shared Parental Responsibily" his ex is the primary residental parent and his visitation is every first three weekends of each month andevery Wednesday of each week. The ex relocated and moved to Alabama without notifying him, 2 weeks aftr relocating her atty in Fla filed a Notice of Intenet to Relocate With Minor Children. My son doesn't have an atty. He filed an Objection to the relocation and a Motion for Contempt. Her atty filed Motions for Modification of Final Judgment, Permission to Relocate, and Motion for Enforce. He was served the summons on 10/22 giving him until 11/12 to file his answer. With the summons was a Notice of Hearing for 11/07 which was only 16 days after being served. At the hearing he requested a continuance, itwas denied. The Judge is very new and not familiar with family law. At the hearing he took a few days to review the Child relocation law. There is a rehearing set now for Dec. 4th The ex's atty is contesting the judge's order that the ex reimburse my son for travel cost for going to get the boys. At the first hearing the ex's atty stated that the Ch 61.13001 section of the statute did not relate to this case as the divorce was granted in 2005 before the statute was ammended. In the mediation agreement there is one paragraph that states "That the exchange of the children for visitation periods will continue to take place at the McDonald's located at Hwy 70 eastin Okee. County. If at some future time the parties relocate outside of Okee. county, then the exchange shall take place at a simular location which is the half-way point between the parties residences." The contention is that this one sentence and vauge mention of the word relocate, means thattheorder "expressly governs the relocation of the children". If that were correct, why wold the atty file a Notice to Relocate and cite the statute Ch 61.13001 on her motions? My son is adamant that a possiblity of moving from the state was not discussed at the mediation, there are no other provisions for this such as long distance visistation, etc.... The paragraph actually statesthatif "the parties" relocate, not if the "primary parent" or if "either party" relocates. How binding is that one paragraph? It changes things considerably in how it is taken. Okay, one more thing! I have prepared and filed the motions in the case for my son. I've done most of the researh myself and gone over it with him, he's understanding of the case. At the hearing he really lost his confidence and didn't do to well. I thought that might happen and had prepared notes etc.. so he wouldn't forget things. I would like to assist him at the next hearing and I would like the judge to be made aware of that. Do I simply file a Notice of assistance to Respondent? I filed a non-lawyer disclosure and taken all the proper steps but I do think that my being able to be with my son and offer assisitance will help him alot. PLEASE let me know how you feel we will fare re: the relocation issue. We will be requesting the judge to deny their request for him to vacate his order re the reinbusrement and also asking for clarifivation of the final order re relocation. Do we file seperate motions for each issue? Any insight you can offer will be GREATLY appreciated! Thanks!!
Sorry for the typo's, I' m being rushed by family wanting my attention!

If it is not clear and disputes still exist you can file a motion to clarify.

If you are not using a lawyer the judge will very likely let you file this all together and hear it all at once. You could ask the clerk if that will be okay as well.