Florida Statute 61.0401 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

View Entire Chapter

F.S. 61.0401

61.0401 Application of the law of a foreign country in courts relating to matters arising out of or relating to this chapter and chapter 88.—

(1) As used in this section, the term “strong public policy” means public policy of sufficient importance to outweigh the policy of protecting freedom of contract.

(2) A court may not enforce:

(a) A choice of law provision in a contract selecting the law of a foreign country which contravenes the strong public policy of this state or that is unjust or unreasonable.

(b) A forum selection clause in a contract that selects a forum in a foreign country if the clause is shown to be unreasonable or unjust or if strong public policy would prohibit the enforceability of the clause under the specific facts of the case.

(3) Before enforcing a judgment or order of a court of a foreign country, a court must review the judgment or order to ensure that it complies with the rule of comity. A judgment or order of a court of a foreign country is not entitled to comity if the parties were not given adequate notice and the opportunity to be heard, the foreign court did not have jurisdiction, or the judgment or order of the foreign court offends the public policy of this state. As used in this subsection, a “foreign court” or “court of a foreign country” includes any court or tribunal that has jurisdiction under the laws of that nation over the subject of matters governed by this chapter or chapter 88.

(4) Any attempt to apply the law of a foreign country is void if it contravenes the strong public policy of this state or if the law is unjust or unreasonable.

(5) A trial court may not dismiss an action on the grounds that a satisfactory remedy may be more conveniently sought in a foreign country unless the trial court finds in accordance with all the applicable rules of civil procedure and this section that an adequate alternate forum exists.

(6) This section applies only to matters governed by or relating to this chapter or chapter 88.

The purpose of this section is to codify existing case law, and that intent should guide the interpretation of this section.

History.—s. 1, ch. 2014-10.

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Amendments to 61.0401

Arrestable Offenses / Crimes under Fla. Stat. 61.0401

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.0401.

Annotations, Discussions, Cases:

Cases Citing Statute 61.0401

Total Results: 20

Mark H. Schofield v. Monroe County, Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-04

Snippet: Final Judgment in favor of the County, awarding $2,061,401.74 and ordering a foreclosure sale if the amount

Petro Welt Trading ges.M.B.h v. Edward Brinkmann

Court: District Court of Appeal of Florida | Date Filed: 2024-11-08

Snippet: form in a civil trial. See §§ 90.201, 90.202, 61.0401(3), Fla. Stat. (2022); Dufour v. State, 69 So.

WHITACRE v. RAGAN

Court: District Court of Appeal of Florida | Date Filed: 2024-06-21

Snippet: failing to appoint a guardian ad litem under section 61.401, Florida Statutes (2019) ("In such actions

YVES MOQUIN v. SYLVIE BERGERON

Court: District Court of Appeal of Florida | Date Filed: 2022-05-11

Snippet: state or if the law is unjust or unreasonable.” § 61.0401(4), Fla. Stat. (2019). However, “[a] contract is

PEDRO VELASQUEZ v. LESLY MENDIETA

Court: District Court of Appeal of Florida | Date Filed: 2021-11-24

Snippet: it is in the best interest of the child. See § 61.401, Fla. Stat. (2021). As such, this argument also

In re Amendments to the Florida Supreme Court Approved Family Law Forms—Nomenclature

Court: Supreme Court of Florida | Date Filed: 2018-02-01

Citation: 235 So. 3d 357

Snippet: designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family Law Rule of

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms - Nomenclature

Court: Supreme Court of Florida | Date Filed: 2018-02-01

Citation: 235 So. 3d 357

Snippet: designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family Law Rule of

In Re: Amendments to Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2017-03-16

Citation: 214 So. 3d 400, 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598

Snippet: concern that this language is contrary to section 61.401, Florida Statutes (2016), and case law, noting

Lopez v. Perez

Court: District Court of Appeal of Florida | Date Filed: 2016-11-02

Citation: 221 So. 3d 1204, 2016 Fla. App. LEXIS 16199, 2016 WL 6476298

Snippet: ad litem to act as next friend of the child. § 61.401, Fla. Stat. (2016). The court also has the discretion

In Re AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS

Court: Supreme Court of Florida | Date Filed: 2015-11-19

Citation: 205 So. 3d 1, 40 Fla. L. Weekly Supp. 647, 2015 Fla. LEXIS 2607

Snippet: Litem Program office in your area or see sections 61.401-405, Florida Statutes. Special notes ...

In re Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Supreme Court of Florida | Date Filed: 2015-03-26

Citation: 173 So. 3d 19

Snippet: Litem Program office in your area or see sections 61.401-405, Florida Statutes. Special notes ... Order

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Supreme Court of Florida | Date Filed: 2015-03-26

Citation: 173 So. 3d 19, 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088

Snippet: Litem Program office in your area or see sections 61.401-405, Florida Statutes.

Turnier v. Stockman

Court: District Court of Appeal of Florida | Date Filed: 2014-05-21

Citation: 139 So. 3d 397, 2014 Fla. App. LEXIS 7708, 2014 WL 2116363

Snippet: question witnesses at trial contrary to sections 61.401 and 61.403, Florida Statutes). Turning to the second

Millen v. Millen

Court: District Court of Appeal of Florida | Date Filed: 2013-09-30

Citation: 122 So. 3d 496, 2013 WL 5433533, 2013 Fla. App. LEXIS 15481

Snippet: role in cases that involve minor children. Section 61.401, Florida Statutes (2010), makes it abun*498dantly

In re Amendments to Florida Supreme Court Approved Family Law Forms

Court: Supreme Court of Florida | Date Filed: 2013-09-04

Citation: 122 So. 3d 320, 38 Fla. L. Weekly Supp. 617, 2013 WL 4734603, 2013 Fla. LEXIS 1892

Snippet: designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family Law Rule of

In Re Implementation of Committee on Privacy & Court Records Recommendations—Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2011-11-03

Citation: 78 So. 3d 1045, 2011 Fla. LEXIS 3030, 2011 WL 5829543

Snippet: For more information, you may consult sections 61.401-61.405, Florida Statutes. Listed below are some

In re Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Supreme Court of Florida | Date Filed: 2010-12-16

Citation: 59 So. 3d 792, 35 Fla. L. Weekly Supp. 734, 2010 Fla. LEXIS 2116, 2010 WL 5129227

Snippet: designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family Law Rule of

In Re Amend. to the Fla. Family Law Forms

Court: Supreme Court of Florida | Date Filed: 2010-12-16

Citation: 59 So. 3d 792

Snippet: designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family Law Rule of

In re Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Supreme Court of Florida | Date Filed: 2009-03-26

Citation: 20 So. 3d 173, 34 Fla. L. Weekly Supp. 298, 2009 Fla. LEXIS 785, 2009 WL 775400

Snippet: Litem Program office in your area or see sections 61.401-405, Florida Statutes. Special notes... Order.

Amendments to Approved Family Law Forms

Court: Supreme Court of Florida | Date Filed: 2009-03-26

Citation: 20 So. 3d 173

Snippet: Litem Program office in your area or see sections 61.401-405, Florida Statutes. Special notes... Order