The Fifth District Court of Appeal found that the trial court erred and did not make the proper findings before entering the temporary injunction. In order for a court to enter a temporary injunction that prevents you from moving with a minor child, it must make the following findings: (1) there is a likelihood of irreparable harm and the unavailability of an adequate remedy at law; (2) the petitioner has a substantial likelihood of success on the merits; (3) the threatened injury to the petitioner outweighs any possible harm to the respondent; and (4) the granting of the temporary injunction will not disserve the public interest.
If you believe your spouse is planning to relocate a minor child and you wish to seek a temporary injunction that prevents the spouse from doing so, contact your expert family law attorney to discuss your rights and responsibilities as it relates to your case.
