Ilse Gevaert v. Allan Teh

Summary

The Third District Court of Appeal of Florida affirmed the denial of Ilse Gevaert’s petition to relocate her minor child from Miami, Florida, to Studio City, California. The court held that the trial court properly considered the statutory relocation factors and that its determination that relocation was not in the child’s best interest was supported by competent, substantial evidence.

Holdings

1. The trial court properly considered the broader range of best-interest factors identified in section 61.13001(7), Florida Statutes, rather than limiting its analysis to the school-related expert testimony.
2. The trial court did not abuse its discretion in denying relocation because its findings were supported by competent, substantial evidence and Teh met his statutory burden to show that relocation was not in the child's best interest.

Questions Presented

1. Whether the trial court abused its discretion in denying Gevaert's petition to relocate the minor child after considering the statutory best-interest factors.
2. Whether Teh presented sufficient evidence under section 61.13001(8), Florida Statutes, to establish that the proposed relocation was not in the child's best interest.

Disposition

affirmed