Sec. 6. (a) If a nonrelocating parent files a motion under section 5(a)(3) of this chapter, the court, after notice and an opportunity to be heard or after compliance with Trial Rule 65(B), may grant a temporary order restraining the relocation of a child or order the child to be returned to the nonrelocating parent if the court finds:

(1) that the notice required under section 3 of this chapter was not served in a timely manner and the parties have not presented an agreement regarding the relocation of the child;

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Terms Used In Indiana Code 31-17-2.2-6

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) that the child has been relocated without:

(A) the appropriate notice;

(B) an agreement between the parties; or

(C) a court order; or

(3) from an examination of the evidence presented at the temporary hearing, that there is a likelihood that, after a final hearing, the court will not approve the relocation of the child.

     (b) The court may grant a temporary order permitting the relocation of the child pending a final hearing if the court:

(1) determines that the notice required under section 3 of this chapter was provided in a timely manner;

(2) issues orders that may be necessary for temporary custody, parenting time, support, and grandparent visitation with the child; and

(3) reviews the evidence presented at the temporary hearing and determines that there is a likelihood that, after the final hearing, the court will approve the relocation of the child.

     (c) If the court issues a temporary order authorizing the relocation of the child in its final judgment, the court must consider factors:

(1) other than; or

(2) in addition to;

the temporary relocation of the child when issuing a final order.

As added by P.L.50-2006, SEC.7. Amended by P.L.186-2019, SEC.15.

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