IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
FAMILY
IN RE: THE MATTER OF:
MICHAEL MANLEY, Case No.: 07-02481 (37/90)
Petitioner/Father,
and
MELANIE RUSSELL,
n/k/a MELANIE JOSEPH
Respondent/Mother.
_________________________________/
MOTHER’S VERIFIED PETITION FOR RELOCATION WITH MINOR CHILD
The Mother, MELANIE RUSSELL n/k/a MELANIE JOSEPH, by and through her
undersigned counsel, hereby files her Verified Amended Petition for Relocation with the Minor
Child, pursuant to §61.13001, Fla. Stat. and in support thereof, states as follows:
1. This is an action for relocation pursuant to §61.13001, Fla. Stat.
2. The Mother seeks to relocate her residence to North Carolina, a place more than
fifty (50) miles from her residence when the parties’ last Final Judgment was entered.
3. The Mother will be in a better financial position to support the child and the
Mother along with the minor child will have a large support system in North Carolina.
4. The mailing address and physical address of where the Mother will reside at 732
Lakemont Drive, Clayton, NC 27520.
5. The home telephone number of the intended residence of the Mother is her cell
phone.
6. The date of the relocation to North Carolina is the end of March 2020.
Michael Manley v. Melanie Russell
Case No.: 2007-02481 (37/90)
Page 2 of 6
7. Further, it is in the child’s best interest to exercise the Mother’s proposed
timesharing schedule with the child and a detailed statement of the specific reasons for the
proposed relocation are as follows:
a. The Mother has always taken an active and significant role in the child’s
life and has the ability to provide a safe and stable environment for the child.
b. The Mother has a close and loving relationship with the minor child and
they are bonded to one another.
c. The child is emotionally and psychologically connected to the Mother.
d. The Mother is willing and able to provide a stable home environment and
provide for the minor child’s needs in North Carolina.
e. The Mother is requesting to relocate to North Carolina for the child’s
stability and quality of life.
f. Based on the above and additional various factors, the Mother asserts that
she is in a position to act in the child’s best interests, raise the minor child in North Carolina, and
it is in the minor child’s best interest for the Court to award same.
8. The Mother proposes the following timesharing schedule with the child:
a. Winter Break: The parties will equally share the child’s Winter Break.
The parties will pay their pro rata share of the child’s reasonable travel expenses.
b. Spring Break: The Mother shall exercise every Spring Break with the
child. The parties will pay their pro rata share of the child’s reasonable travel expenses.
c. Summer Break: The Mother shall exercise the first eight (8) weeks of the
child’s Summer Break and the Father shall exercise the remaining time with the child during his
summer break. The parties will pay their pro rata share of the child’s reasonable travel expenses.
Michael Manley v. Melanie Russell
Case No.: 2007-02481 (37/90)
Page 3 of 6
d. Thanksgiving Break: The parties will alternate the child’s Thanksgiving
Break. The parties will pay their pro rata share of the child’s reasonable travel expenses.
e. Three Day Weekends: The Mother shall exercise timesharing with the
child on Three Day Weekends once a month. The parties will pay their pro rata share of the
child’s travel expenses.
f. Daily Contact: The Mother can have daily phone, internet, and Skype
access with the child.
A RESPONSE TO THE PETITION OBJECTING TO RELOCATION MUST BE MADE
IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR
OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF
THIS PETITION TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE
RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN
THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND
WITHOUT A HEARING.
9. The Mother has retained the services of the undersigned firm to represent her in
this matter and has become obligated to pay the undersigned firm a reasonable fee for its
services. Should the Father and/or his counsel engage in vexatious litigation, the Mother
requests the Father be responsible for the Mother’s attorney’s fees and costs. In determining
responsibility for attorney’s fees pursuant to Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997), Diaz v.
Diaz, 826 So. 2d. 229 (Fla. 2002), and other applicable Florida law, the Court should consider
the extent to which the conduct of each party furthers or frustrates the public policy of this State
to promote the settlement of litigation and, where possible, to reduce the cost of litigation by
encouraging mutual cooperation. Furthermore, the Court should consider the extent to which
either party engages in vexatious, recalcitrant, and/or unnecessary litigation.
Michael Manley v. Melanie Russell
Case No.: 2007-02481 (37/90)
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WHEREFORE, the Mother, MELANIE RUSSELL n/k/a MELANIE JOSEPH, hereby
respectfully requests that this Honorable Court:
A. Grant the Mother’s Verified Amended Petition to Relocate;
B. Enter the timeshare and access schedule between the Mother and the
minor child as proposed;
C. Award the Mother reasonable attorney’s fees and costs;
D. Retain jurisdiction of this cause to grant any temporary relief; and
E. Award any other and further relief as the Court deems just, equitable and
proper.
Michael Manley v. Melanie Russell
Case No.: 2007-02481 (37/90)
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I understand that I am swearing or affirming under oath to the truthfulness of the
claims made in this document and that the punishment for knowingly making a false
statement includes fines and/or imprisonment.
_______________________________
MELANIE JOSEPH
STATE OF FLORIDA
COUNTY OF __________
The foregoing instrument was acknowledged before me by means of ___ physical
presence or ___ online notarization, this ______ by MELANIE JOSEPH, who is personally
known to me or has produced ___________ as identification.
SWORN TO AND SUBSCRIBED BEFORE ME this ____ day of ____________, 2020.
Notary Public-State of Florida
Print, type or stamp commissioned
Name of Notary Public
[X one only]
___ Personally Known or
___ Produced Identification
Type of Identification Produced _________________________
Michael Manley v. Melanie Russell
Case No.: 2007-02481 (37/90)
Page 6 of 6
Dated: March __, 2020
/s/ Meaghan K. Marro, Esquire
Meaghan K. Marro, Esquire
Florida Bar No. 56132
Email: Marro.Law@gmail.com
Marro Law, P.A.
950 S. Pine Island Road, Suite 150A
Plantation, Florida 33324
Tel: (954) 727-8215
