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

WHITACRE v. RAGAN

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-21T00:00:00-07:00

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

YVES MOQUIN v. SYLVIE BERGERON

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-11T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2021-11-23T23:53:00-08:00

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: Fla. | Date Filed: 2018-02-01T00:00:00-08:00

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: Fla. | Date Filed: 2018-01-31T23:53:00-08:00

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: Fla. | Date Filed: 2017-03-16T00:00:00-07:00

Citation: 214 So. 3d 400

Snippet: concern that this language is contrary to section 61.401, Florida Statutes (2016), and case law, noting …circumstances. As pointed out by the comment, section 61.401, Florida Statutes (2016), provides: In an

Lopez v. Perez

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-02T00:00:00-07:00

Citation: 221 So. 3d 1204

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: Fla. | Date Filed: 2015-11-19T00:00:00-08:00

Citation: 205 So. 3d 1

Snippet: Litem Program office in your area or see sections 61.401-405, Florida Statutes. Special notes ... … For more information, you may consult sections 61.401-61.405, Florida Statutes. Listed below are… For more information, you may consult sections 61.401 and 61.405, Florida Statutes. Listed below…. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below

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

Court: Fla. | Date Filed: 2015-03-26T00:53:00-07:00

Snippet: Litem Program office in your area or see sections 61.401-405, Florida Statutes. … For more information, you may consult sections 61.401–61.405, Florida Statutes. Listed below are some… For more information, you may consult sections 61.401 and 61.405, Florida Statutes. Listed below are…. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below are

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

Court: Fla. | Date Filed: 2015-03-26T00:00:00-07:00

Citation: 173 So. 3d 19

Snippet: Litem Program office in your area or see sections 61.401-405, Florida Statutes. Special notes ... Order … For more information, you may consult sections 61.401-61.405, Florida Statutes. Listed below are some… For more information, you may consult sections 61.401 and 61.405, Florida Statutes. Listed below are …. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below are

Turnier v. Stockman

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-21T00:00:00-07:00

Citation: 139 So. 3d 397

Snippet: question witnesses at trial contrary to sections 61.401 and 61.403, Florida Statutes). Turning to the second…The Florida Legislature may wish to amend section 61.401, Florida Statutes (2013), to require the appointment…guardian ad litem where not required by section 61.401. And although a recommendation from a guardian …acknowledged the he is T.S.'s father. . Section 61.401, Florida Statutes (2013), states: In an action

Millen v. Millen

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-30T00:00:00-07:00

Citation: 122 So. 3d 496

Snippet: role in cases that involve minor children. Section 61.401, Florida Statutes (2010), makes it abun*498dantly…guardian ad litem to question the witnesses. See § 61.401, Fla. Stat. (2010). See also Perez v. Perez, 769…question witnesses at trial was contrary to sections 61.401 and 61.403, reversal is not warranted because the

In re Amendments to Florida Supreme Court Approved Family Law Forms

Court: Fla. | Date Filed: 2013-09-04T00:00:00-07:00

Citation: 122 So. 3d 320

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: Fla. | Date Filed: 2011-11-03T00:00:00-07:00

Citation: 78 So. 3d 1045

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

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

Court: Fla. | Date Filed: 2010-12-16T00:00:00-08:00

Citation: 59 So. 3d 792

Snippet: designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family Law Rule of… For more information, you may consult sections 61.401-61.405, Florida Statutes. Listed below are some… For more information, you may consult sections 61.401 and 61.405, Florida Statutes. Listed below are …. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below are

In Re Amend. to the Fla. Family Law Forms

Court: Fla. | Date Filed: 2010-12-15T23:53:00-08:00

Citation: 59 So. 3d 792

Amendments to Approved Family Law Forms

Court: Fla. | Date Filed: 2009-03-26T00:53:00-07:00

Citation: 20 So. 3d 173

Snippet: Litem Program office in your area or see sections 61.401-405, Florida Statutes. Special notes... Order.… For more information, you may consult sections 61.401-61.405, Florida Statutes. Listed below are some… For more information, you may consult sections 61.401 and 61.405, Florida Statutes. Listed below are …. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below are

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

Court: Fla. | Date Filed: 2009-03-26T00:00:00-07:00

Citation: 20 So. 3d 173

Snippet: Litem Program office in your area or see sections 61.401-405, Florida Statutes. Special notes... Order..… For more information, you may consult sections 61.401-61.405, Florida Statutes. Listed below are some… For more information, you may consult sections 61.401 and 61.405, Florida Statutes. Listed below are …. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below are

Franklin & Criscuolo v. Etter

Court: Fla. Dist. Ct. App. | Date Filed: 2006-04-05T00:00:00-07:00

Citation: 924 So. 2d 947

Snippet: recommendations relative to the contested parenting issues. § 61.401, Fla. Stat. (2001). The wife did not object to …investigator or evaluator, not as attorney or advocate.” § 61.401, Fla. Stat. When a guardian ad litem is -appointed…Committee of Florida Staff Analysis on S.B. 110 [§§ 61.401-404, Fla. Stat. (1993) ], at 2 (February 22, 1990

TMRMC v. Petersen

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-16T23:53:00-08:00

Citation: 920 So. 2d 75

Snippet: appointment to be in the best interests of the child. § 61.401, Fla. Stat. (2004). In quiet title actions, section