Passports, Petitions, and Plane Tickets: Moving Abroad With Your Children After a Florida Divorce
Maybe it’s a job offer in London, or a chance to move back home and raise your kids near family overseas. When children are involved, though, buying the plane ticket is the easy part. Florida law puts real guardrails around these moves, and parents who skip steps often end up back in front of a judge explaining why.
An Overseas Move Almost Always Counts as Relocation
Florida Statutes section 61.13001 defines relocation as moving your principal residence at least 50 miles away for at least 60 consecutive days. A permanent move to another country nearly always qualifies, so you need either a signed written agreement with the other parent or the court’s permission.
If both parents agree, the agreement must show consent, set a time-sharing schedule for the parent staying behind, and describe transportation arrangements where needed. If there is already a court order or case on file, the agreement must still be ratified by the court.
What a Contested Petition Has to Include
When the other parent won’t agree, the parent who wants to move must file a petition to relocate, signed under oath. Among other things, it must include:
- The location of the new home, with the physical address if known
- The date of the intended move
- A detailed statement of the reasons, with any written job offer attached
- A proposed post-move time-sharing schedule and transportation plan
The other parent then has 20 days after service to file a written objection. If no objection is filed, the move is presumed to be in the child’s best interest, and the court can generally approve it without a hearing. If an objection is filed, the parent may not relocate until the court grants permission, either at a temporary hearing or at trial. Neither side gets a presumption, and the moving parent must first prove the move serves the child’s best interest.
Why Distance Changes the Analysis
Judges weigh a long list of factors. One tends to draw close attention when the destination is outside the United States: whether the child’s relationship with the other parent can realistically be preserved, given travel logistics and each parent’s finances, and whether the moving parent is likely to follow the new schedule once beyond the court’s reach.
Paperwork can also stall a move. Under U.S. Department of State rules, both parents generally must consent before a U.S. passport is issued for a child under 16, unless one parent has sole legal custody or a court order allows otherwise.
Leaving Without Permission Can Backfire
Relocating without an agreement or court approval exposes a parent to contempt and proceedings to compel the child’s return. The court can also order that parent to pay the other side’s attorney’s fees and weigh the violation in future parenting plan decisions. Depending on the destination, taking a child abroad in violation of custody rights may also lead to a return case under the Hague Convention on the Civil Aspects of International Child Abduction.
Speak to Our Team Before the Boxes Are Packed
Whether you’re the parent hoping to move or the one trying to keep your child close, timing matters. At Arwani Law Firm, PLLC, our Orlando international custody lawyers can review your parenting plan, walk you through the relocation process, and help you build a proposal or objection that holds up. Reach out to us today so we can start planning your next step together.
Source:
flsenate.gov/Laws/Statutes/2026/61.13001
