The 2023 Florida Statutes
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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).Under the UCCJEA, jurisdictional priority is given to the child's “home state” and, if Florida is not the child's home state, Florida can exercise jurisdiction based upon the child's connections with the state only if the child's “home state” has declined to exercise jurisdiction. Arjona v. Torres, 941 So.2d 451, 455 (Fla. 3d DCA 2006). A foreign country is treated as a “state” for purposes of applying the UCCJEA. See § 61.506(1), Fla. Stat. The UCCJEA further provides that a court of this state “shall” decline to exercise jurisdiction if that jurisdiction is the product of “unjustifiable conduct” on the part of the party seeking to invoke jurisdiction. See § 61.521(1), Fla. Stat. Home State AnalysisSubject matter jurisdiction over child custody matters is governed by the Uniform Child Custody Jurisdiction Enforcement Act ("UCCJEA"), sections 61.502 to 61.542, Florida Statutes (2003). See Arjona v. Torres, 941 So.2d 451, 454 (Fla. 3d DCA 2006). One of the stated purposes of the UCCJEA is to "[a]void jurisdictional competition and conflict with courts of other states in matters of child custody." § 61.502(1), Fla. Stat. (2003). Under the UCCJEA, a foreign country is treated "as if it were a state of the United States" for purposes of applying the provisions of the UCCJEA. § 61.506(1), Fla. Stat. (2003). A Florida court has jurisdiction to make an initial child custody determination if Florida "is the home state of the child on the date of the commencement of the proceeding." § 61.514(1)(a), Fla. Stat. (2003). "Home state" is defined in relevant part as "the state in which a child lived with a parent or person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. . . . A period of temporary absence of any of the mentioned persons is part of the period." § 61.503(7), Fla. Stat. (2003)."A court of this state shall treat a foreign country as if it were a state of the United States for purposes of applying ss. 61.501- 61.523. . . . [A] child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under ss. 61.524- 61.540." § 61.506(1), (2), Fla. Stat.Cobo, pointing to numerous visits to Venezuela, claimed that Florida's courts lacked jurisdiction to adjudicate custody issues. However, it is clear that Florida was the home state of the parties' child, that the child had resided in Florida a majority of the time, and that the child had lived here for six months immediately before this action was brought. See § 61.514(1)(a), Fla. Stat. (2008) (stating that "a court of this state has jurisdiction to make an initial child custody determination" where "[t]his state is the home state of the child on the date of the commencement of the proceeding"); see also § 61.503(7), Fla. Stat. (2008) (defining "home state" as "the state in which a child lived with a parent . . . for at least 6 consecutive months immediately before the commencement of a child custody proceeding," and providing that "[a] period of temporary absence of any of the mentioned persons is part of the period"); § 61.506( 1), Fla. Stat. (2008) (providing that "[a] court of this state shall treat a foreign country as if it were a state of the United States for purposes of applying ss. 61.501- 61.523"); Karam v. Karam, 6 So.3d 87, (Fla. 3d DCA 2009) (finding that… One of the stated purposes of the UCCJEA is to "[a]void jurisdictional competition and conflict with courts of other states in matters of child custody." § 61.502(1). Under the UCCJEA, a foreign country is treated "as if it were a state of the United States" for purposes of applying sections 61.501—.523 of the UCCJEA. § 61.506(1). A Florida court has jurisdiction to make an initial child custody determination if Florida "is the home state of the child on the date of the commencement of the proceeding," § 61.514(1)(a). "Home state" is defined in relevant part as "the state in which a child lived with a parent or person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. . . . A period of temporary absence of any of the mentioned persons is part of the period." § 61.503(7). The UCCJEA is a "jurisdictional act which controls custody disputes. It does not deal with priority of dissolution actions." Arjona v. Torres, 941 So.2d 451, 454 (Fla. 3d DCA 2006) (emphasis omitted). Under the UCCJEA, jurisdictional priority lies in the child's home state. See Arjona, 941 So.2d at 455.The trial court did not have jurisdiction to award the former husband primary residential custody of the parties' minor child. Except in limited circumstances which do not apply in this case, a Florida court has jurisdiction to make an initial child custody determination only if Florida is the child's home state on the date of the commencement of the custody proceeding or was the child's home state within six months before commencement of the proceeding and a parent or person acting as a parent continues to live in the state. See § 61.514, Fla. Stat. (2007). "Home state" is defined as "the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding." § 61.503(7), Fla. Stat. (2007). A foreign country is treated as a state of the United States for jurisdiction purposes. § 61.506( 1), Fla. Stat. (2007). At the time the former husband filed the petition for dissolution of marriage, the child had been living with the former wife in Brazil for approximately three years. Thus, the child's home state and the proper jurisdiction for the initial custody determination… I concur in this opinion, but I am not entirely convinced that the language of section 737.203 can be categorized as "plain language" for purposes of statutory interpretation. Arguably, "state" is ambiguous in that it could refer to a state within the United States or a foreign "state." I am not aware of any trustworthy documentation that would reveal the legislature's intent in this particular circumstance, but the purpose of the statute does not suggest to me that "state" should be read to include foreign states. I doubt that a reasonable legislature would choose to send such disputes to any and all foreign states, including those that do not share our traditions of due process and the rule of law. In this context, I believe it is our obligation to read the statute narrowly If the legislature wishes to expand the statute to include foreign states, they certainly have the ability to clarify their policy. Notably, in chapter 55, Florida Statutes (2006), regarding judgments, the legislature distinguishes between "foreign judgments," which it defines as a "judgment, decree, or order of a court of any other state or of the United States," see § 55.502(1), and "out of country foreign… The Uniform Child Custody and Jurisdiction Act ("UCCJA") became effective in Florida on October 1, 1977. Thereafter, on October 1, 2002, the UCCJA was repealed and replaced with the UCCJEA. 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. § 61.502, Fla. Stat. (2005). The UCCJEA is, therefore, a jurisdictional act which controls custody disputes. It does not deal with priority of dissolution actions. A foreign country is treated as if it were a state of the United States for purposes of this act. § 61.506, Fla. Stat (2005).Appellant, Maria Julieta Sanchez, appeals a final order dismissing with prejudice her action against appellee, Jesus Antonio Fernandez, for lack of subject matter jurisdiction, pursuant to section 61.506(1), Florida Statutes (the "UCCJEA"). We reverse.. . . See § 61.506(1), Fla. Stat. . . .
. . . . § 61.506(1), Fla. Stat. (2003). . . .
. . . Section 61.506(3), Florida Statutes, provides, “A court of this state need not apply this part if the . . . the jurisdictional standards of this part must be recognized and enforced under ss. 61.524-61.540.” § 61.506 . . .
. . . providing that "[a] period of temporary absence of any of the mentioned persons is part of the period”); § 61.506 . . .
. . . . § 61.506(1), Fla. Stat. (2007). . . .
. . . Islands, or any territory or insular possession subject to the jurisdiction of the United States”) and § 61.506 . . .
. . . . § 61.506, Fla. Stat (2005). . . .
. . . against appellee, Jesus Antonio Fernandez, for lack of subject matter jurisdiction, pursuant to section 61.506 . . .