ROBIN E. THOMAS-JONES
v.
JOHN FITZGERALD JONES

Fla. 5th DCA | 2024-12-06
No. 5D2023-1080
2024 FL 13734 Florida District Court of Appeal, Fifth District (2024) Positive Treatment

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Synopsis

Robin Thomas-Jones appealed the trial court's denial of her petition to relocate her minor children out of state. The appellate court affirmed the denial of the relocation petition and the refusal to allow child testimony, but reversed the award of attorney's fees to her former husband and remanded for the trial court to make express findings regarding his financial need.


Holding

The court affirmed the trial court's denial of the relocation petition and its refusal to allow minor children's testimony. However, the court reversed the award of attorney's fees and remanded for the trial court to make express findings addressing both parties' respective financial need for attorney's fees, not merely comparing their financial conditions.


Headnotes

[1] An award of attorney's fees in a child relocation proceeding requires express findings regarding the obligor party's financial need for the award, not merely a determinat…

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Key Quotes

“reversing an award of attorney's fees where the court only found that one party's financial condition was superior, without addressing the parties' respective need for financial assistance”

The court cited this precedent to establish that findings regarding both parties' financial need are required for attorney's fees awards, not merely comparative wealth analysis.

Facts & Procedural History

Robin Thomas-Jones sought to relocate her minor children out of state. The trial court denied her relocation petition. The court also refused to allow…

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Opinion of the Court

PER CURIAM.

Appellant, Robin Thomas-Jones, appeals the lower court’s denial of her petition to relocate her minor children out of state. She contends that the court below erred by denying the petition, failing to allow testimony of her minor children, and awarding her former husband attorney’s fees without making express findings about his need for financial assistance. We affirm on Appellant’s

first two issues, but reverse and remand for the trial court to make findings regarding former husband’s need for attorney’s fees. See Miron v. Richardson, 278 So. 3d 738 (Fla. 1st DCA 2019) (reversing an award of attorney’s fees where the court only found that one party’s financial condition was superior, without addressing the parties’ respective need for financial assistance).

AFFIRMED in part, REVERSED in part, and REMANDED with instructions.

SOUD, BOATWRIGHT, and MACIVER, JJ., concur.


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