Arthur v. Arthur

• Decision Date: 10 February 2011
• Docket Number: No. SC08–1675.,SC08–1675.
• Citation: 54 So.3d 454
• Parties: Shawn M. ARTHUR, Petitioner,v.Josette A. ARTHUR, Respondent.
• Court: Florida Supreme Court

54 So.3d 454

Shawn M. ARTHUR, Petitioner,

v.Josette A. ARTHUR, Respondent.

No. SC08–1675.

Supreme Court of Florida.

Jan. 14, 2010.As Revised on Denial of Rehearing Feb. 10, 2011.

Monterey Campbell and Kristie Hatcher–Bolin of GrayRobinson, P.A., Lakeland, Florida, for Petitioner.Mark A. Neumaier, Tampa, Florida, for Respondent.QUINCE, J.

Shawn M. Arthur seeks review of the decision of the Second District Court of Appeal in Arthur v. Arthur, 987 So.2d 212 (Fla. 2d DCA 2008), on the ground that it expressly and directly conflicts with three decisions of the First District Court of Appeal, Sylvester v. Sylvester, 992 So.2d 296 (Fla. 1st DCA 2008); Janousek v. Janousek, 616 So.2d 131 (Fla. 1st DCA 1993); and Martinez v. Martinez, 573 So.2d 37 (Fla. 1st DCA 1990). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. Based on our reasoning below, we quash the Second District's decision in Arthur to the extent it is inconsistent with this opinion, and approve the First District's decisions in Sylvester, Janousek, and Martinez to the extent that they are consistent with our analysis and holding.

FACTS AND PROCEDURAL BACKGROUND

In a dissolution of marriage action, the trial court granted shared parental responsibility, designating Josette A. Arthur (the Wife) as the primary residential parent. Shawn M. Arthur (the Husband) was granted reasonable visitation of the child. See Arthur v. Arthur, 987 So.2d 212, 213 (Fla. 2d DCA 2008). Moreover, and most pertinent to our decision in this case, the trial court authorized the Wife to permanently relocate with the parties' minor child to the state of Michigan after the child reached the age of three. At the time of trial, the minor child was sixteen months old. See id. In granting the Wife's relocation request, the trial court reasoned that the relocation was proper because the Wife proposed to move to the area where she grew up and had family, and the area was close to the Husband's extended family. See id. at 213–14. Regarding its reasons for delaying the relocation until the child reached the age of three, the trial court explained:

[T]he Court is cognizant that children between infancy and approximately 3 years of age need more frequent contact with both parents in order to properly bond with the parents. But for the Court's concern for the Husband's ability to bond with his son, the Wife's relocation would have been granted without further delay.

Id. at 214.

On appeal, the Husband argued that the trial court erred by determining that the Wife could relocate with the child approximately twenty months after the final hearing. More specifically, the Husband asserted that the trial court's ruling was a prospective determination of the child's best interest and that the court lacked authority to make such a determination. See Arthur, 987 So.2d at 214. Relying on the First District Court of Appeal's decision in Janousek v. Janousek, 616 So.2d 131 (Fla. 1st DCA 1993), the Husband contended that the trial court was required to make a determination regarding relocation and the child's best interests at the present time and to decide the issue with finality. See Arthur, 987 So.2d at 214. The Second District Court of Appeal disagreed and held that the trial court did not exceed its authority in granting the relocation request upon the child reaching the age of three. See id. The district court rejected the Husband's claim that the trial court found relocation not to be in the best interest of the child as of the day of the trial. Instead, the Second District concluded that the trial court's detailed findings in the final judgment supported the Wife's relocation request. See id. Additionally, the district court concluded that Janousek was not in conflict with its decision. The district court determined that unlike the instant case, the trial court in Janousek prohibited relocation; thus Janousek did not control and was factually distinguishable. See id. Accordingly, the Second District affirmed the trial court's final judgment regarding the relocation issue. See id. at 213.

The Husband petitioned this Court for discretionary review of the Second District's decision in Arthur. His petition was based on express and direct conflict with the First District's decisions in Sylvester, Janousek, and Martinez. We granted review to resolve this conflict.

ANALYSIS

Section 61.13001, Florida Statutes (2006), titled “Parental relocation with a child,” establishes the procedures involved in the relocation of a child, whether relocation is sought after agreement between the parties or alternatively contested by one party. In the case of a contested relocation, the Legislature has stated that “[n]o presumption shall arise in favor of or against a request to relocate with the child when a primary residential parent seeks to move the child and the move will materially affect the current schedule of contact, access, and time-sharing with the nonrelocating parent or other person.” § 61.13001(7), Fla. Stat. (2006). Instead, section 61.13001(8) states:

The parent or other person wishing to relocate has the burden of proof if an objection is filed and must then initiate a proceeding seeking court permission for relocation. The initial burden is on the parent or person wishing to relocate to prove by a preponderance of the evidence that relocation is in the best interest of the child. If that burden of proof is met, the burden shifts to the nonrelocating parent or other person to show by a preponderance of the evidence that the proposed relocation is not in the best interest of the child.

In addition to the burden that the parties must meet, the statute outlines several factors a trial court must consider before reaching a decision on a parent's request for permanent relocation. Section 61.13001(7) provides that the court shall evaluate:

(a) The nature, quality, extent of involvement, and duration of the child's relationship with the parent proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child's life.

(b) The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child.

(c) The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, visitation, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent once he or she is out of the jurisdiction of the court.

(d) The child's preference, taking into consideration the age and maturity of the child.

(e) Whether the relocation will enhance the general quality of life for both the parent seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.

(f) The reasons of each parent or other person for seeking or opposing the relocation.

(g) The current employment and economic circumstances of each parent or other person and whether or not the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.

(h) That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.

(i) The career and other opportunities available to the objecting parent or objecting other person if the relocation occurs.

(j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.

(k) Any other factor affecting the best interest of the child or as set forth in s. 61.13.

Section 61.13, Florida Statutes (2006), requires trial courts to “determine all matters relating to custody of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act [UCCJEA].” § 61.13(2)(b) 1, Fla. Stat. (2006). In turn, the UCCJEA states:

A child custody determination made by a court of this state which had jurisdiction under this part binds all persons who have been served in accordance with the laws of this state or notified in accordance with s. 61.509 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.

§ 61.507, Fla. Stat. (2006). It is this portion of the UCCJEA that the First District relied upon in Martinez, the decision guiding the court's opinion in Janousek, in vacating the trial court's order that required in part that (1) the husband be designated the interim primary residential parent of the child and (2) both parents return to the court in two years where the court would make a final and binding decision. Martinez, 573 So.2d at 39–40. The district court in Martinez indicated its general preference for finality in trial court judgments because “a litigant is entitled to know that a judgment determining his rights is final and will not be disturbed, except on appeal, or under the conditions prescribed by a rule.” Id. at 40 (quoting Board of Public Instruction of Dade County v....