(a) Where the ends of justice dictate, the court may grant a temporary order restraining the change of principal residence of a child or ordering return of a child to the former residence of the child if a change of principal residence has previously taken place without compliance with this article, and may consider, among other factors, any of the following:
- (1) The notice required by this article was not provided in a timely manner.
- (2) The notice required by this article was not accurate or did not contain sufficient information upon which a person receiving the notice could base an objection.
- (3) The child already has been relocated without notice, agreement of the parties, or prior court approval.
- (4) The likelihood that on final hearing the court will not approve the change of the principal residence of the child.
- (b) The court may grant a temporary order permitting the change of principal residence of a child and providing for a revised schedule for temporary visitation with a child pending a final hearing if the court finds that the required notice of a proposed change of principal residence of a child as provided in this article was provided in a timely manner, contained sufficient and accurate information, and if the court finds from an examination of the evidence presented at a hearing for temporary relief that there is a likelihood that on final hearing the court will approve the change of the principal residence of the child.
- (c) If the court has issued a temporary order authorizing a party to change the principal residence of a child before final judgment is issued, the court may not give weight to the temporary change of principal residence as a factor in reaching its final decision.
(Act 2003-364, p. 1017, §12.)