Florida Statutes
Fla. Stat. § 787.04 (2025)
Removing minors from state or concealing minors contrary to state agency order or court order.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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787.04 Removing minors from state or concealing minors contrary to state agency order or court order.—
(1) It is unlawful for any person, in violation of a court order, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, with personal knowledge of the order.
(2) It is unlawful for any person, with criminal intent, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, during the pendency of any action or proceeding affecting custody of the minor, after having received notice as required by law of the pendency of the action or proceeding, without the permission of the court in which the action or proceeding is pending.
(3) It is unlawful for any person to knowingly and willfully lead, take, entice, or remove a minor beyond the limits of this state, or to knowingly and willfully conceal the location of a minor, during the pendency of a dependency proceeding affecting such minor or during the pendency of any investigation, action, or proceeding concerning the alleged abuse or neglect of such minor, after having received actual or constructive notice of the pendency of such investigation, action, or proceeding and without the permission of the state agency or court in which the investigation, action, or proceeding is pending.
(4) It is unlawful for any person, who has carried beyond the limits of this state any minor whose custody is involved in any action or proceeding pending in this state pursuant to the order of the court in which the action or proceeding is pending or pursuant to the permission of the court, thereafter, to fail to produce the minor in the court or deliver the minor to the person designated by the court.
(5) It is a defense under this section that a person who leads, takes, entices, or removes a minor beyond the limits of the state reasonably believes that his or her action was necessary to protect the minor from child abuse as defined in s. 827.03.
History.—s. 1, ch. 29654, 1955; s. 1, ch. 57-337; s. 47, ch. 67-254; s. 785, ch. 71-136; s. 25, ch. 74-383; s. 15, ch. 75-298; s. 1, ch. 80-102; s. 3, ch. 88-151; s. 3, ch. 96-215; s. 23, ch. 96-322; s. 1815, ch. 97-102; s. 21, ch. 2008-245.
Note.—Former ss. 65.141, 805.03.
Arrestable Offenses under F.S. 787.04
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§787.04(1)FAMILY OFFENSEVIOL COURT ORDER REM MINOR FROM STATE CONC LOC
§787.04(2)FAMILY OFFENSEREM MINOR FROM STATE CONC LOC PEND PROCED CUST
§787.04(3)FAMILY OFFENSEREM MINR FR ST CONC LOC PEND INV ALEG ABUS NEG
§787.04(4)FAMILY OFFENSEFAIL PROD DEL MINOR COURT DESIG PRSN PEND CUST
§787.04FAMILY OFFENSERENUMBERED. SEE REC # 8754
Notes of Decisions
Cited in 21
cases (1 in the last 5 years), 1984–2023 · leading case: Khan v. State, 704 So. 2d 1129 (Fla. 4th DCA 1998).
Khan v. State, 704 So. 2d 1129 (Fla. 4th DCA 1998). “1994), and removing a minor from the state contrary to a court order in violation of section 787.04(1), Florida Statutes (1993).”
Habie v. Krischer, 642 So. 2d 138 (Fla. 4th DCA 1994). “Finally, Plaintiff's arguments to void § 787.04 Fla. Stat. must fail because he does not support any of his contentions with sufficient case law.”
Costlow v. State, 543 So. 2d 1259 (Fla. 5th DCA 1989). “03 (prohibits taking a minor child from the custody of his parent), and section 787.04.”
Flynn v. State, 217 So. 3d 1055 (Fla. 4th DCA 2017). “The controlling statute states: It is unlawful for any person, in violation of a court order, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, with personal knowledge of the order.”
Merkle v. State, 88 So. 3d 375 (Fla. 2d DCA 2012). “Analyn Merkle, now known as Analyn Megison, appeals the judgment and order *376 of probation after a jury convicted her of concealing the location of a minor contrary to a court order in violation of section 787.04(1), Florida Statutes (2007).”
In Re Fam. Law Rules of Procedure, 663 So. 2d 1049 (Fla. 1995). “03, or a felony of the third degree, section 787.04, Florida Statutes. G. The Sheriffs and all law enforcement officers of the State of Florida shall use any and all reasonable and necessary force to physically deliver the minor child(ren) to the Petitioner.”
Fierro v. State, 653 So. 2d 447 (Fla. 1st DCA 1995). “This is a direct appeal of convictions and sentences for (Count I) concealing or removing a minor child contrary to court order in violation of section 787.04, Florida Statutes; (Count II) false imprisonment; and (Count III) use of a firearm in the commission of a felony.”
State v. Roberts, 143 So. 3d 936 (Fla. 2d DCA 2014). “The offense was based on an omission to perform the duty imposed by the Florida court order and section 787.04(1), Florida Statutes (1987) *938 (felony to remove a child in violation of court order).”
Graham v. State, 169 So. 3d 123 (Fla. 3d DCA 2015). “03 (Interference with Custody, a first-degree misdemeanor); and § 787.04 (Removal of Child from State Contrary to Court Order, a third-degree felony).”
In Re the Marriage of Leyda, 398 N.W.2d 815 (Iowa 1987). “Both parties, by executing this Stipulation acknowledge the provisions of Section 787.04, Florida Statutes, which make it a felony of the third degree to fail to return the minor child to Petitioner’s residence in Florida.”
State v. Costa, 558 So. 2d 525 (Fla. 1st DCA 1990). “Costa was subsequently charged by information with two counts of violating Section 787.04(1), Florida Statutes (1987), making it a third-degree felony to lead, take, entice or remove a child beyond the limits of the State of Florida, or conceal the location of a child, in…”
Jeffrey Michael Flynn v. State of Florida, 229 So. 3d 1219 (Fla. 2017). “2nd DCA 2012), on the issue of what constitutes the crime of concealment of a child in violation of a court order pursuant to section 787.04(1), Florida Statutes (2014).”
— 787.04(1) — 9 cases
Khan v. State, 704 So. 2d 1129 (Fla. 4th DCA 1998). “1994), and removing a minor from the state contrary to a court order in violation of section 787.04(1), Florida Statutes (1993).”
Flynn v. State, 217 So. 3d 1055 (Fla. 4th DCA 2017). “The controlling statute states: It is unlawful for any person, in violation of a court order, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, with personal knowledge of the order.”
Costlow v. State, 543 So. 2d 1259 (Fla. 5th DCA 1989). “03 (prohibits taking a minor child from the custody of his parent), and section 787.04.”
Merkle v. State, 88 So. 3d 375 (Fla. 2d DCA 2012). “Analyn Merkle, now known as Analyn Megison, appeals the judgment and order *376 of probation after a jury convicted her of concealing the location of a minor contrary to a court order in violation of section 787.04(1), Florida Statutes (2007).”
State v. Roberts, 143 So. 3d 936 (Fla. 2d DCA 2014). “The offense was based on an omission to perform the duty imposed by the Florida court order and section 787.04(1), Florida Statutes (1987) *938 (felony to remove a child in violation of court order).”
— 787.04(3) — 1 case
Stairs v. State, 973 So. 2d 1211 (Fla. 2d DCA 2008).
— 787.04(4) — 1 case
Wright v. State, 947 So. 2d 1240 (Fla. 1st DCA 2007).
— 787.04(5) — 2 cases
Merkle v. State, 88 So. 3d 375 (Fla. 2d DCA 2012). “Analyn Merkle, now known as Analyn Megison, appeals the judgment and order *376 of probation after a jury convicted her of concealing the location of a minor contrary to a court order in violation of section 787.04(1), Florida Statutes (2007).”
Habie v. Krischer, 642 So. 2d 138 (Fla. 4th DCA 1994). “Finally, Plaintiff's arguments to void § 787.04 Fla. Stat. must fail because he does not support any of his contentions with sufficient case law.”
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