1. (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. (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;

   2. (2) that the child has been relocated without:

      1. (A) the appropriate notice;
      2. (B) an agreement between the parties; or
      3. (C) a court order; or
   3. (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.

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

   1. (1) determines that the notice required under section 3 of this chapter was provided in a timely manner;
   2. (2) issues orders that may be necessary for temporary custody, parenting time, support, and grandparent visitation with the child; and
   3. (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.

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

   1. (1) other than; or

   2. (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.