Florida/Georgia Personal Injury & Workers Compensation

...e minor children and an adjudication of the parties' financial matters. On February 2, 2006, Mr. Arjona filed a "Verified Emergency Motion for Temporary Custody by Special Appearance," seeking the circuit court's "intervention pursuant to Fla. Stat. 61.517." In this motion, he asserted that the children, who have resided with his wife in Miami-Dade County since 2002, were being mistreated and abused....

...as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding." Section 61.514, Florida Statutes (2005), provides as follows: Initial child custody jurisdiction.— (1) Except as otherwise provided in s. 61.517, a court of this state has jurisdiction to make an initial child custody determination only if: (a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 mon...

...ico before his wife filed for dissolution in Florida on December 13, 2005, that section 61.519 applies. Section 61.519, Florida Statutes (2005), provides, in pertinent part, as follows: Simultaneous proceedings.— (1) Except as otherwise provided in s. 61.517, a court of this state may not exercise its jurisdiction under ss....

...sdiction substantially in conformity with this part, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under s. 61.520. (2) Except as otherwise provided in s. 61.517, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to s....

...While the UCCJEA generally gives the state that made the initial custody determination exclusive, continuing jurisdiction over those decisions, in emergency situations, the UCCJEA permits other states to obtain temporary emergency jurisdiction to protect a child. § 61.517, Fla....

...Finally, the former wife argues that the trial court erred in failing to contact the North Dakota trial judge upon learning of North Dakota's protective order. We agree that the trial judge should have communicated with the judge in North Dakota under the terms of section 61.517, Florida Statutes (2005)....

...As previously discussed, the UCCJEA provides the courts of each signatory state with temporary emergency jurisdiction over child custody when it is "necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse." § 61.517(1), Fla. Stat. (2005); N.D. Cent.Code § 14-14.1-15. Section 61.517(4) further provides, in pertinent part: A court of this state which is exercising jurisdiction under §§ 61.514-61.516, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has be...

...other state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. § 61.517(4), Fla....

...(2005). Here, the Florida trial court had exclusive, continuing jurisdiction over issues of custody under section 61.515, as it issued the initial custody determination and had not otherwise relinquished jurisdiction. Therefore, in accordance with section 61.517(4), once the trial judge learned of North Dakota's domestic violence protective order, he should have contacted the issuing North Dakota judge to resolve any jurisdictional conflicts....

...to act. The judge in North Dakota was." While it is true that the North Dakota judge erred in failing to communicate with the Florida judge before issuing the protective order, this does not negate the requirement imposed on the Florida judge under section 61.517(4) to make contact with his North Dakota counterpart....

...We affirm the order of the trial court as to its determination of jurisdiction. We remand with instructions that the trial judge contact the judge in North Dakota to resolve any conflicts that exist between the North Dakota protective order and the Florida child custody order under section 61.517, Florida Statutes (2005)....

...Subject matter jurisdiction over child custody matters is governed by the UCCJEA. "The UCCJEA is . . . a jurisdictional act which controls custody disputes." Arjona, 941 So.2d at 454 (emphasis omitted). Section 61.514, titled "Initial child custody jurisdiction," provides in relevant part: (1) Except as otherwise provided in s. 61.517, a court of this state has jurisdiction to make an initial child custody determination only if: (a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 mon...

...warding visitation rights with the child to the husband was void because the trial court did not have subject matter jurisdiction). The mother argues that even if Florida did not have jurisdiction under section 61.514, Florida had jurisdiction under section 61.517, which provides for the exercise of temporary emergency jurisdiction. Section 61.517, titled "Temporary emergency jurisdiction," provides in relevant part: (1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emerg...

...determination if it so provides and this state becomes the home state of the child. We agree that the Florida circuit court had temporary jurisdiction to enter the December 2004 order effectively awarding temporary custody to the grandparents under section 61.517. However, that provision did not confer to the Florida circuit court jurisdiction to make an initial custody determination under section 61.514. Any temporary child custody determinations made in this case under section 61.517 remained in effect until the October 27, 2006, order of temporary custody was obtained from the circuit court in Alabama, the state having proper jurisdiction under section 61.514. See § 61.517(2)....

...isdiction 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....

...a temporary jurisdiction to protect the child given the emergency situation. Accordingly, the trial court in Virginia was authorized to modify Florida's custody determination for the best interest of the child given the emergency *753 situation. See § 61.517, Fla....

...After due notice to all appropriate parties, including the mother, the father, and the Virginia court, the trial court should then rule on whether retaining jurisdiction in Florida is proper based on its factual findings. Affirmed in part; Reversed in part and Remanded. CIKLIN and LEVINE, JJ., concur. NOTES [1] Section 61.517(4), Florida Statutes provides, in pertinent part: A court of this state which is exercising jurisdiction under ss....

...other state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. § 61.517(4), Fla....

...t in this Commonwealth and ... if it is necessary in an emergency to protect the child because the child ... is subjected to mistreatment or abuse.... § 20-146.15(A), Va.Code Ann. (2010). Florida's equivalent utilizes almost identical language. See § 61.517(1), Fla....

...Section 61.519(1), relating to the course of action to be followed by a court in which a modification of custody petition has been filed, under circumstances in which a custody proceeding in another state is then in progress, provides: Except as otherwise provided in s. 61.517,[ [2] ] a court of this state may not exercise its jurisdiction under ss....

...NOTES [1] The consultation was carried out pursuant to the terms of the UCCJEA authorizing, during simultaneous proceedings, the enforcing court to confer with the court of another jurisdiction considering a motion to modify a custody determination. See § 61.530, Fla. Stat.; Tenn.Code Ann. § 36-6-236. [2] Section 61.517 is not pertinent to this appeal because it applies to a court's temporary emergency jurisdiction under circumstances different from those here involved....

...cation of any connection to Georgia until the child was taken there by a person other than his custodial parent. Further, in her answer brief, the respondent states that she “filed a Private Dependency Petition in Georgia based on Florida statutes § 61.517(1) and Georgia Code § 19-9-64.” Those two statutory provisions provide “temporary emergency jurisdiction” to the courts in each state, and are only applicable if the state where jurisdiction is invoked is not the home state....

...The temporary emergency jurisdiction is applicable where “the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child," or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.” § 61.517(1), Fla....

...jurisdiction, it did not become the child’s home state simply because Mother filed a child custody petition in New York. Father filed a custody petition in Florida, the child’s home state, which precluded New York from exercising permanent jurisdiction in this case. See § 61.517, Fla....

...rary emergency jurisdiction in this case, further communication between the courts will be necessary “to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.” See § 61.5174, Fla....

...The North Carolina court was not fully advised of the pending Florida proceedings (and the Monroe County circuit court order prohibiting relocation of the children without court approval) when the Mother presented her emergency motion in 2011. North Carolina’s counterpart to section 61.517, Florida Statutes (2011), “Temporary emergency jurisdiction,” conforms to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in all pertinent respects....

...Allsot, The Villages, pro se. No Appearance for Appellee. March 6, 2026 JAY, C.J. Appellants petitioned the court to domesticate and enforce an out-of-state child custody order. The court denied relief, ruling that it needed, but lacked, temporary emergency jurisdiction. See § 61.517(1)(a)–(b), Fla....

...bstantial conformity with UCCJEA and the order has not been modified or vacated.”). Here, the court found that enforcing the home state order required temporary emergency jurisdiction—an impossibility since the child is not in Florida. See § 61.517(1), Fla....

...(2002), provides that "a court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child ... is subjected to or threatened with mistreatment or abuse." § 61.517(1), Fla....

convenient forum for doing so. Section 61.517(4) provides, in pertinent part:

...although the child was absent from the state at the time the initial paternity 2 New Jersey’s version of the UCCJEA is codified in sections 2A:34-53 to 95 of the New Jersey Statutes Annotated. 3 There is an exception for temporary emergency jurisdiction. See § 61.517, Fla....

...The trial court concluded that it had no jurisdiction under Chapter 61 of the Florida Statutes, to enter a temporary custody award because there was no evidence of abuse, abandonment or neglect, and that Saudi Arabia, the home state of all of the parties, was the appropriate forum to adjudicate custody matters. See § 61.517(1), Fla....

...“The UCCJEA is ... a jurisdictional act which controls custody disputes.” Arjona, 941 So.2d at 454 (emphasis omitted). Section 61.514, titled “Initial child custody jurisdiction,” provides in relevant part: (1) Except as otherwise provided in s. 61.517, a court of this state has jurisdiction to make an initial child custody determination only if: (a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 mon...

...warding visitation rights with the child to the husband was void because the trial court did not have subject matter jurisdiction). The mother argues that even if Florida did not have jurisdiction under section 61.514, Florida had jurisdiction under section 61.517, which provides for the exercise of temporary emergency jurisdiction. Section 61.517, titled “Temporary emergency jurisdiction,” provides in relevant part: (1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an e...

...determination if it so provides and this state becomes the home state of the child. We agree that the Florida circuit court had temporary jurisdiction to enter the December 2004 order effectively awarding temporary custody to the grandparents under section 61.517. However, that provision did not confer to the Florida circuit court jurisdiction to make an initial custody determination under section 61.514. Any temporary child custody determinations made in this case under section 61.517 remained in effect until the October 27, 2006, order of temporary custody was obtained from the circuit court in Alabama, the state having proper jurisdiction under section 61.514. See § 61.517(2)....

...[the] state and the child has been abandoned or it is necessary in an 6 emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.” § 61.517(1), Fla. Stat. Regarding the latter exception, section 61.517(2), Florida Statutes, further provides: If there is no previous child custody determination that is entitled to be enforced under this part, and a child custody proceeding has not been commenced in a court of a state having jurisdiction under ss....

...States embassy property in Brazil, dependency proceedings were convened in Florida and the children were placed in foster care. Id. at 546. Although acknowledging serious concerns over jurisdiction, this court found the trial court had temporary emergency jurisdiction pursuant to section 61.517(1), Florida Statutes, and section 39.013(2), Florida Statutes....

...sponsibility and retained jurisdiction over child support. The Finnish judgment is currently on appeal according to the representations of the parties. One of the provisions of the UCCJEA, section 61.519(1), provides: Except as otherwise provided in s. 61.517, a court of this state may not exercise its jurisdiction under ss....

...and recommended shared parental responsibility, but deferred to the Finnish court, the Florida proceedings had not been terminated. Even if we assume that the entry of the dissolution judgment did terminate the Florida proceedings regarding custody, section 61.517 of the UCCJEA gives a Florida court “temporary emergency jurisdiction” over child custody for a number of different reasons, including the necessity of protecting the child from “mistreatment or abuse.” In the order on review t...

...s criminal charges pending in Broward County, and is a flight risk. The court also found that she secreted the child in Texas and gave false information to the Texas court in order to support Texas jurisdiction. Although the trial court did not cite section 61.517, the mother’s actions could constitute mistreatment which would justify the denial of the motion to enforce the Texas order, which, we emphasize, was a temporary order entered before a hearing....

...temporary emergency jurisdiction if the child is present in [the] state and the child has been abandoned 6 or it is necessary in an emergency to protect the child because the child ... is subjected to[,] or threatened with[,] mistreatment or abuse." § 61.517(1), Fla....

..."is to protect the child until the [s]tate that has jurisdiction [as the 'home state'] enters an order," a vast body of jurisprudence dictates that emergency jurisdiction is intended to be impermanent and transient. UCCJEA § 204 comment (1997); see § 61.517(2), Fla....

...be enforced ... and a child custody proceeding has not been commenced [in the 'home state']," then temporary emergency jurisdiction only lasts "until an order is obtained from a court of a state having jurisdiction [as the home state of the child]." § 61.517(2), Fla....

...temporary emergency jurisdiction if the child is present in [the] state and the child has been abandoned 6 or it is necessary in an emergency to protect the child because the child ... is subjected to[,] or threatened with[,] mistreatment or abuse." § 61.517(1), Fla....

..."is to protect the child until the [s]tate that has jurisdiction [as the 'home state'] enters an order," a vast body of jurisprudence dictates that emergency jurisdiction is intended to be impermanent and transient. UCCJEA § 204 comment (1997); see § 61.517(2), Fla....

...be enforced ... and a child custody proceeding has not been commenced [in the 'home state']," then temporary emergency jurisdiction only lasts "until an order is obtained from a court of a state having jurisdiction [as the home state of the child]." § 61.517(2), Fla....

...the other state within the period specified or the period expires. .... OR. REV. STAT. § 109.751 (2015) (emphasis added). Oregon’s temporary emergency jurisdiction statute mirrors Florida’s temporary emergency jurisdiction statute, section 61.517, Florida Statutes (2015). See K.I. v. Dep’t of Children & Families, 70 So. 3d 749, 751 (Fla. 4th DCA 2011) (under section 61.517, “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”). Here, Oregon had te...

...the other state within the period specified or the period expires. …. OR. REV. STAT. § 109.751 (2015) (emphasis added). Oregon’s temporary emergency jurisdiction statute mirrors Florida’s temporary emergency jurisdiction statute, section 61.517, Florida Statutes (2015). See K.I. v. Dep’t of Children & Families, 70 So. 3d 749, 751 (Fla. 4th DCA 2011) (under section 61.517(1), “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”). Here, the Oregon...

...no authority to modify the order. As such, we cannot say that the court erred in dismissing the parents’ petition. 7  Section 61.516, Florida Statutes, reads as follows: Except as otherwise provided in s. 61.517, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under s. 61.514(1)(a) or (b) and: (...

.... Because they provide for visitation with respect to a child, the Kentucky orders granting the Grandmother visitation constitute a “child custody determination” under section 61.516, which a court of this state may not modify without a statutory exception applying. The first exception noted, section 61.517, Florida Statutes—concerning temporary emergency jurisdiction—does not apply....

...(2016), which permits a court to exercise jurisdiction over a custody proceeding when "the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse." § 61.517(1)....

...jurisdiction over a custody proceeding when "the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse." § 61.517(1)....

...ate and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse. § 61.517(1), Fla....

...Here, Father's undisputed mental health issues and temporary hospitalization sufficiently supported the trial court's finding that temporary emergency jurisdiction was necessary to protect the minor children from abandonment or mistreatment. See § 61.517(1), Fla....

...been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under ss. 61.514-61.516, shall immediately communicate with the other court. . . . § 61.517(4), Fla....

...The parties must be informed promptly of the communication and granted access to the record." Here, the record provides no evidence that, upon receiving Father and Mother's petitions, the trial court contacted the Texas court at all, much less immediately, as required by section 61.517(4)....

...e trial court that Texas maintained initial jurisdiction over child custody, necessitating immediate communication to assist with resolution of the emergency. Therefore, because the trial court failed to satisfy the contact requirement imposed by section 61.517(4), we remand with 4 instructions that the Florida court contact the Texas court to resolve any conflicts that exist between the Texas divorce decree and the Florida order suspending timesharing. See Steckler v....

...aking its own custody determination, in violation of a mandatory directive of the UCCJEA. The trial court’s failure to communicate with the Virginia court before making a custody determination requires that we remand for further proceedings. 1 Section 61.517, Fla....

...2d DCA 2007). The UCCJEA provides for temporary emergency jurisdiction over child custody “if the child is present in this state and . . . it is necessary in an emergency to protect the child because the child . . . is subjected to or threatened with mistreatment or abuse.” § 61.517(1), Fla....

...informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under ss. 61.514–61.516, shall immediately communicate with the other court. . . . § 61.517(4), Fla....

...wledged it “ha[d] seen the orders from Virginia.” However, the record provides no evidence that the court ever communicated with the Virginia court—much less, that it had “immediately communicate[d]” with the Virginia court, as required by section 61.517(4)....

...implementing rule of juvenile procedure provided the petition “may” be dismissed. Id. at 1019. The court stated that whether “shall” is mandatory “depends upon the context in which it is found and upon the intent of the legislature as expressed in the statute.” Id. Section 61.517(4), Fla....

...custody determination from the other court just two months prior. The appropriate remedy for the trial court’s failure to immediately communicate with the Virginia court is to remand this matter for the Seventeenth Judicial Circuit Court to contact the Virginia court pursuant to section 61.517(4). This course of action is supported by precedent from the Fifth District Court of Appeal. See Earney v. Quiloan, 206 So. 3d 147, 150 (Fla. 5th DCA 2016) (“[B]ecause the trial court failed to satisfy the contact requirement imposed by section 61.517(4), we remand with instructions that the Florida court contact the Texas court to resolve any conflicts that exist between the Texas divorce decree and the Florida order suspending timesharing.”); Steckler v....

...(2017). 7 5th DCA 2006) (affirming trial court’s temporary emergency jurisdiction determination, but remanding for contact with the out-of-state court). Conclusion The record lacks any indication that the trial court followed the requirements of section 61.517(4), which mandated that the court communicate with the Virginia court as part of its exercise of temporary emergency jurisdiction....

...Because the remand proceedings may require the trial court to revisit its rulings made before final judgment, we do not consider the points raised on appeal as to those issues. Custody of the minor child shall remain with the mother pending the court’s compliance with section 61.517(4), and any order directing a change in custody. Affirmed in part, and remanded with instructions. GERBER, C.J., and WARNER, J., concur. * * * Not final until disposition of timely fil...