FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
from the Circuit Court for Lake County, Heidi Davis, Judge.
Brian Phillips, of J. Brian Phillips, P.A., Orlando, for
H. Sudbury of Apellie Legal, Orlando, for Appellee.
Sospeter Gimonge ("Father") appeals a non-final
order granting an emergency motion for child pick-up in favor
of Laurie Sospeter Gimonge
("Mother"). Father argues that the trial court erred
in granting Mother's motion because she failed to file a
petition to relocate with the couple's minor child under
section 61.13001, Florida Statutes (2017). We affirm.
parties were married in 2011 and have one child in common.
They separated in 2015, but Mother filed for dissolution of
marriage in 2017. That action remains pending. After filing
for dissolution, Mother, without Father's consent or a
court order, left Florida with the child and moved to
Michigan. Father filed an ex parte emergency motion for child
pick-up, seeking to have the child returned to Florida. The
court declined to rule on an ex parte basis and set the
motion for a hearing. We glean from the limited record that
the parties ran out of time at the scheduled hearing.
parties subsequently entered into a stipulation that resolved
Father's motion, the nature of which forms the essence of
this appeal. The terms of the agreement provided that the
child would remain in Mother's custody, pending the
outcome of a scheduled mediation. If the parties were unable
to reach an agreement during mediation, either party would be
able to file a motion for temporary relief pending trial.
Father would have one month of timesharing in the summer,
which required that he would pick the child up in person in
Michigan, as well as timesharing over winter break.
Additionally, the agreement provided, "Father shall not
be prejudiced should the child end up attending school in
Michigan pending a scheduled mediation or trial date."
The agreement specifically provided that Father reserved his
right to litigate the issues raised in the emergency motion
at the time of trial. The stipulation specified that it was
"a temporary agreement without prejudice to either side
taking a different, new, or conflicting position later."
The trial court approved and ratified the agreement by
subsequently filed an ex parte emergency motion for
contempt/enforcement and child pick-up, alleging that Mother
refused to comply with the agreed-upon summer visitation. As
a result, the court awarded Father thirty days of makeup
timesharing. Toward the end of that timesharing, Father filed
an emergency motion for injunction to prevent the removal of
the child from Florida (and by implication his having to
return the child to Mother), arguing that Mother had failed
to file a petition to relocate with the child and had removed
the child from Florida without his consent. In turn, Mother
filed an emergency motion for child pick-up order, alleging
that Father refused to return the child following his
timesharing pursuant to the court ordered make-up visitation.
The trial court ruled in favor of Mother.
61.13001, Florida Statutes (2017), governs "[p]arental
relocation with a child." It provides, in relevant part:
(2) Relocation by agreement.-
(a) If the parents and every other person entitled to access
to or time-sharing with the child agree to the relocation of
the child, they may satisfy the requirements of this section
by signing a written agreement that:
1. Reflects consent to the relocation;
2. Defines an access or time-sharing schedule for the
nonrelocating parent and any other persons who are entitled