Skip to main content

My ex-wife moved from Florida to Oregon without informing Florida courts or myself?

Orlando, FL |
Filed under: Family law

My ex-wife took my kids from Florida to Oregon without informing Florida courts or myself. She had help with airline tickets she acquired from her new husband that works for Alaska Airlines. What are the legal ramifications for her actions if any?

Attorney Answers 5


  1. You need to file legal action immediately. I presume that because she is your ex, you have some sort of court order that pertains to parental responsibility and visitation or timesharing. If so, she is required to comply with the relocation statute, give you notice of her intent to relocate (in writing) and obtain either your consent or prior court approval PRIOR to moving. If she failed to do so, then you need to act immediately. The likelihood of your success depends on how long ago she left. The quicker you take action, the more likely you will be to succeed. If you wait six months or longer, you could potentially be deemed to having consented due to your inaction. You need to consult with an attorney immediately. If this happened recently, then it is possible for the Judge to Order her to immediately return the children to Florida and place them in your custody while a proper relocation proceeding is decided.

    Should you wish to discuss this matter further, my office offers free initial telephone consultations. During the consultation, we can discuss the particulars of your situation in depth, as well as explore your potential rights and options. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

    Joanna Mitchell
    Mitchell & Associates, P.A.
    614 E. Hwy 50, Suite 327
    Clermont, FL 34711-3164
    PH: (352) 324-2444
    FX: (352) 324-2229
    Email: jmitchell@mitchell-pa.com
    Web: www.mitchell-pa.com

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.


  2. Ms. Mitchell is exactly right. It's likely your ex has acted in violation of a particular Florida statute and, in the part of Florida in which you live, it's not uncommon for the children to be ordered immediately back to Florida to live with you until the matter can be straightened out. You should contact Ms. Mitchell right away.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!


  3. You need to retain counsel quickly. The consequences depend on what your Final Judgment states. Regardless, this will reflect very poorly upon her in any subsequent proceedings.

    Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.


  4. The Court would take a very dim view of the situation if your ex wife made the move in violation of the courts order. Seek competent counsel as soon as you are able.
    407 832 3437


  5. How long ago did your ex-wife move? That is a key question here. She is in clear violation of the FL relocation statute and I am sure has also violated any court order you have in place regarding time sharing. You need to be calling an attorney right away. Many great attorneys can be found here on Avvo and many attorneys in the Orlando area, myself included, offer free consultations. That is at least a start.

    Ophelia Bernal-Mora
    Orlando Family Law Attorney
    407-354-5223

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics