The 2023 Florida Statutes
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Section 61.520 is part of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"). See § 61.501, Fla. Stat. One purpose of the UCCJEA is the avoidance of "jurisdictional competition and conflict with courts of other states in matters of child custody." § 61.502( 1), Fla Stat.; cf. Yurgel v. Yurgel, 572 So.2d 1327, 1330 (Fla. 1990) (explaining that "the primary purpose of the [predecessor version of the UCCJEA] is to create certainty by ensuring that jurisdiction over a specific custody dispute can be obtained only by a single state at a time"). Because the trial court below made the original child custody determination as part of its dissolution judgment, it retains "exclusive, continuing jurisdiction" over that determination. § 61.515(1), Fla. Stat. There is no "concurrent jurisdiction" across two different states regarding custody and timesharing for the parties' children; no other court in the country has jurisdiction to modify the determination reflected in the dissolution judgment. Cf. Yurgel, 572 So. 2d at 1330-31. This exclusive jurisdiction in fact persists until a trial court of this state "determines that the child, the child's parents, and any… "Subject matter jurisdiction—the ‘power of the trial court to deal with a class of cases to which a particular case belongs’—is conferred upon a court by constitution or by statute." Strommen v. Strommen, 927 So. 2d 176, 179 (Fla. 2d DCA 2006) (quoting Cunningham v. Standard Guar. Ins. Co., 630 So. 2d 179, 181 (Fla. 1994) ). In the realm of child custody disputes, a court's exercise of subject matter jurisdiction is guided by the UCCJEA, a uniform law that has been adopted in some iteration by all states, with the exception of Massachusetts. See Linda D. Elrod, Child Custody Practice and Procedure § 3:8 (2021). The UCCJEA strives to avoid jurisdictional competition between states, promote cooperation, avoid re-litigation of child custody decrees, and facilitate enforcement of another state's custody decisions. See § 61.502, Fla. Stat."Subject matter jurisdiction—the ‘power of the trial court to deal with a class of cases to which a particular case belongs’—is conferred upon a court by constitution or by statute." Strommen v. Strommen, 927 So. 2d 176, 179 (Fla. 2d DCA 2006) (quoting Cunningham v. Standard Guar. Ins. Co., 630 So. 2d 179, 181 (Fla. 1994) ). A court's exercise of subject matter jurisdiction over interstate child custody disputes is determined by the UCCJEA, a uniform law that has been adopted in some form by all states, except for Massachusetts. Linda D. Elrod, Child Custody Practice and Procedure § 3:8 (2021). The UCCJEA aims to avoid jurisdictional competition between states or countries, promote interstate cooperation, avoid re-litigation of another state's custody decisions, and facilitate enforcement of another state's custody decrees. See § 61.502, Fla. Stat. (2021) ; N.J. Stat. Ann. § 2A:34-53 (West 2021).The UCCJEA was promulgated to help avoid jurisdictional conflict and to promote cooperation between courts in resolving custody issues. See § 61.502(1), (2). The objective of the Act is to eliminate the simultaneous exercise of jurisdiction over custody disputes by more than one state. Karam v. Karam, 6 So. 3d 87, 90 (Fla. 3d DCA 2009). For purposes of applying the UCCJEA to an international custody dispute, "[a] foreign country is treated as a state of the United States for jurisdiction purposes." Lande v. Lande, 2 So. 3d 378, 381 (Fla. 4th DCA 2008) (citing § 61.506(1)); Arjona v. Torres, 941 So. 2d 451, 454 (Fla. 3d DCA 2006) (same). "The UCCJEA gives jurisdictional priority to the child's home state." Hindle v. Fuith, 33 So. 3d 782, 784 (Fla. 5th DCA 2010) (citing Arjona, 941 So. 2d at 455 ). "[T]he issue of whether the Florida circuit court has subject matter jurisdiction under the UCCJEA involves a question of law and is subject to de novo review." N.W.T. v. L.H.D., 955 So. 2d 1236, 1238 (Fla. 2d DCA 2007).A court's exercise of subject matter jurisdiction over interstate child custody disputes is guided by the UCCJEA, a uniform law that has been adopted in some iteration by all states, with the exception of Massachusetts. Leigh R. Shinohara, Foreign Judgments, in Florida Proceedings After Dissolution of Marriage 9-1 (13th ed., The Florida Bar 2017). The UCCJEA strives "to avoid jurisdictional competition between states or countries, promote interstate cooperation, avoid relitigation of another state's or country's custody decisions[,] and facilitate enforcement of another state's or country's custody decrees." In re Gloria A., 213 Cal.App.4th 476, 152 Cal. Rptr. 3d 550, 555 (2013) (citation omitted); see § 61.502, Fla. Stat. (2018).The UCCJEA governs jurisdiction over child custody matters and is set forth in sections 61.502 through 61.542, Florida Statutes (2015). See Hindle v. Fuith, 33 So.3d 782, 784 (Fla. 5th DCA 2010). Florida has jurisdiction to make an initial determination about child custody if Florida “is the home state of the child on the date of the commencement of the proceeding.” § 61.514(1)(a), Fla. Stat. (2015). “Home state” is defined as:“The general purposes of the UCCJEA are to avoid jurisdictional competition and conflict with other courts in child custody matters; promote cooperation with other courts; insure that a custody decree is rendered in the state which enjoys the superior position to decide what is in the best interest of the child; deter controversies and avoid relitigation of custody issues; facilitate enforcement of custody decrees; and promote uniformity of the laws governing custody issues.” Arjona v. Torres, 941 So.2d 451, 454 (Fla. 3d DCA 2006) (citing § 61.502, Fla. Stat. (2005)).The standard of review for the South County order is de novo because the trial court ruled that Florida does not have jurisdiction under the UCCJEA as a matter of law. See N.W.T. v. L.H.D., 955 So.2d 1236, 1238 (Fla. 2d DCA 2007). The UCCJEA is a jurisdictional act that governs subject matter jurisdiction over child custody matters. Id.; see also § 61.502 (stating the general purposes of the UCCJEA). Section 61.503(4) defines a “child custody proceeding” as “a proceeding in which ... visitation with respect to a child is an issue.” Section 61.514 “unequivocally limits jurisdiction to determine initial custody matters (except for temporary emergency matters) to the ‘home state’ of the child.” Arjona v. Torres, 941 So.2d 451, 454 (Fla. 3d DCA 2006). “Home state” is defined in section 61.503(7) as “the state in which a child lived with a parent or a person acting as a parent for at least [six] consecutive months immediately before the commencement of a child custody proceeding.” Section 61.514(1) states as follows:Our decision is expressly governed by the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), sections 61.501–.542, Florida Statutes (2010). The UCCJEA was enacted in part to “[a]void jurisdictional competition and conflict with courts of other states in matters of child custody....” § 61.502(1), Fla. Stat. (2010). The court that has initial child custody jurisdiction to decide child placement under the UCCJEA is “the home state of the child on the date of the commencement of the proceeding.” § 61.514(1)(a), Fla. Stat. (2010). However, the court of another state may exercise temporary jurisdiction in an emergency situation to protect a child even though the court with initial custody jurisdiction has exclusive, continuing jurisdiction. Steckler v. Steckler, 921 So.2d 740, 743 (Fla. 5th DCA 2006). Both Florida and Virginia have adopted versions of the UCCJEA and both versions include a temporary emergency jurisdiction provision. See § 61.517, Fla. Stat. (2010); Va.Code Ann. § 20–146.15 (2010). We affirm on all but one issue.. . . Rptr. 3d 550, 555 (2013) (citation omitted); see § 61.502, Fla. Stat. (2018). . . .
. . . The UCCJEA governs jurisdiction over child custody matters and is set forth in sections 61.502 through . . .
. . . child under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), codified at section 61.502 . . .
. . . Torres, 941 So.2d 451, 454 (Fla. 3d DCA 2006) (citing § 61.502, Fla. Stat. (2005)). . . . .
. . . .; see also § 61.502 (stating the general purposes of the UC-CJEA). . . .
. . . .” § 61.502(1), Fla. Stat. (2010). . . .
. . . .” § 61.502(1), Fla. Stat. (2010). . . .
. . . matters is governed by the Uniform Child Custody Jurisdiction Enforcement Act (“UCCJEA”), sections 61.502 . . . jurisdictional competition and conflict with courts of other states in matters of child custody.” § 61.502 . . .
. . . Code § 61.502. . . . planning commission had nevertheless approved Bernard’s application for a conditional use permit under § 61.502 . . . modified in order to approve the permit application and decided not to exercise its discretion under § 61.502 . . . err in concluding that the commission’s choice to refrain from exercising its discretion under Code § 61.502 . . .
. . . . § 61.502, Fla. Stat. (2005). . . .
. . . decree is rendered in the state that can best decide the case in the interest of the child,” section 61.502 . . . Tennessee Code Annotated, and to “[f]acilitate the enforcement of custody decrees of other states,” section 61.502 . . . See § 61.502(6), Fla. Stat. . . .