Did they threaten to move?

To stop someone from moving during most family court cases you have to do it in a reasonable amount of time, there are several things others have done successfully depending on the specific circumstances, the jurisdiction, and the nature of the case. Here are some of those examples:

1. Filing Your Case to Establish Jurisdiction

To establish subject-matter jurisdiction for an initial custody or time-sharing determination, the law requires that the child must have lived in that county for at least six consecutive months immediately before the filing of the proceeding. This requirement comes from the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA),

This six-month period determines whether that state qualifies as the child’s “home state” for purposes of assuming jurisdiction; it does not mean a parent must wait six months to seek help in every situation. If the child has not lived in that state for six months, You typically cannot exercise home-state jurisdiction unless an emergency situation exists. (temporary emergency jurisdiction).

If you believe the other parent may remove the child from the state or is a potential flight risk, you may communicate these concerns to court personnel only in appropriate contexts, such as through a verified motion, emergency petition, or when asked during intake for mediation or self-help services. Providing factual information—not speculation—may help ensure the court schedules the matter appropriately and takes necessary precautions to maintain jurisdiction.

Temporary Injunction or Restraining Order is not just for Domestic Violence

If a parent is planning to relocate with the child, a party can request a temporary injunction to prevent the move until a final decision is made in court. The injunction would prohibit the other parent from moving the child until the court can determine if the move is in the child's best interest. This is especially common in custody disputes. In Florida, for example, the law requires a parent who wants to move with a child to notify the other parent in advance (Florida Statute 61.13001).

2. Motion to Prevent Relocation

If the other parent intends to move, you can file a motion to prevent relocation. This is a formal request to the court to prevent the other parent from moving with the child. The court will consider factors like the child’s best interests, the reason for the move, and the existing custody arrangement. In cases where the parent is attempting to move out of state or to a significant distance, the court may examine whether the relocation would harm the relationship between the child and the non-relocating parent.

3. Where will your Seed Thrive?

In both petitions and motions, you will need to show the court why the move is not in the child’s best interest. Courts typically assess factors such as:

• The reason for the move.

• The emotional and psychological impact on the child.

• The potential impact on the child's relationship with the non-custodial parent.

• The ability of the non-relocating parent to maintain a meaningful relationship with the child post-relocation.

For example, the Troxel v. Granville case emphasizes the importance of maintaining parent-child relationships, which can be used in arguments against relocation.

4. Does the Move Violates Court Orders

If there is an existing custody or visitation order in place, and the other parent’s planned move violates that order (such as preventing reasonable visitation), you can argue that the move constitutes contempt of court. This is especially valid if the parent’s relocation undermines the parenting arrangement or interferes with the child's relationship with the non-custodial parent.

5. Emergency Hearing

Emergency Hearings

In situations where a parent believes an unlawful or improper relocation is imminent, the law permits the filing of an emergency motion requesting expedited judicial review. Courts may grant an emergency or expedited hearing when the allegations demonstrate that the child is at risk of being removed from the jurisdiction without compliance of the Relocation Statutes.

Florida courts are authorized to issue temporary, immediate relief—including temporary injunctions—when supported by verified allegations showing imminent and irreparable harm. See (emergency relief procedures) and (temporary injunctions).

At such a hearing, the judge will conduct a limited, expedited review to determine whether temporary orders are necessary to prevent the relocation, preserve jurisdiction, or maintain the child’s residence pending a full evidentiary hearing.

6. Mediation

What happens in mediation stays in mediation unless it is written down and agreed to, mediation is generally encouraged before seeking court intervention in parenting and relocation disputes. For most states it is mandatory. Mediation provides both parents an opportunity to address concerns and attempt to reach a mutually acceptable resolution with the assistance of a neutral, certified mediator (promoting shared parental responsibility and cooperative resolution of disputes).

If the parties successfully resolve the issue in mediation, the resulting agreement may be submitted to the court for approval and incorporation into an order, thereby avoiding extended litigation. However, mediation may not be effective in high-conflict cases particularly where one parent is unwilling to compromise or insists on a relocation over the other parent’s objection. In such instances, court intervention is typically required to determine whether the relocation meets the statutory best-interests factors.

Conclusion

Don't wait act now, Express your rights or lose them! To stop someone from moving in family court, you must demonstrate how the move would harm the child or violate an existing custody arrangement. You can do this by requesting a temporary injunction, filing a motion to prevent relocation, and presenting arguments focused on the child's best interests. A court may issue orders to maintain the status quo until it can make a determination.

Consulting with an experienced family law litigants or an attorney might be essential to navigate these complex legal issues and to ensure that your rights, as well as the best interests of your child, are protected