Third District Court of Appeal State of Florida Opinion filed August 11, 2021. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D20-1245 Lower Tribunal No. 15-12561 ________________ Guillermo Izaguirre, Appellant, vs. Ana Julia Sanchez, Appellee. An Appeal from a non-final order from the Circuit Court for Miami- Dade County, Marcia Del Rey, Judge. Nancy A. Hass, P.A., and Nancy A. Hass (Fort Lauderdale), for appellant. Cristobal D. Padron & Assoc., P.A., and Cristobal D. Padron, for appellee. Before HENDON, GORDO, and BOKOR, JJ. HENDON, J. Guillermo Izaguirre (“Father”) appeals from a non-final “Order on Case Management Conference Granting Relocation,” allowing the parties’ minor child, E.G.I., to relocate to Madrid, Spain, to reside with her mother, Ana Julia Sanchez (“Mother”). We affirm the order under review without prejudice to the Father appealing the Final Judgment and Parenting Plan when entered, if he chooses to do so. In 2015, the Father filed an action to determine paternity of the minor child, who was born in 2009 in Miami, Florida. In June 2017, the trial court entered a final judgment finding that the Father was the child’s biological father, incorporating the parties’ parenting plan, which granted each party equal timesharing. In August 2017, the Mother was arrested and charged with misdemeanor battery after the Father called the police alleging she hit him at the minor child’s school.1 Due to the Mother’s undocumented status, an immigration hold was placed, and the Mother was detained. While detained, the Mother did not have any contact with the minor child until she sought, and was granted, relief from the trial court. 2 1 The Mother asserted that the Father was aware of her immigration status, and when he called the police, he told her that he was “going to bury her and get full custody.” The Mother has denied that she hit the Father, and claims that she was the actual victim. 2 After the Mother filed a motion seeking contact with the minor child, the Father did not object to telephonic communications, and thereafter, the trial 2 The Mother was deported on December 11, 2017. On January 22, 2018, the Mother filed a petition to relocate the child to Honduras at the end of minor child’s school year. After the Mother filed her petition to relocate, the Mother moved to Madrid, Spain, but did not amend her petition to relocate. The Mother, however, filed an amended motion to allow the minor child to travel to Spain for two weeks for timesharing during the summer of 2018. In May 2018, upon the Mother’s motion, the trial court entered an agreed order appointing a guardian ad litem for the minor child, ordering, in part, that the guardian ad litem address the statutory factors in section 61.13001 of the Florida Statutes when addressing whether the minor child should be permitted to relocate to Spain. Thereafter, in July 2019, the trial court entered an agreed order allowing the minor child to travel to Madrid, Spain, from …
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