The 2023 Florida Statutes
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Regarding the latter exception, section 61.517(2), Florida Statutes, further provides:There is an exception for temporary emergency jurisdiction. See § 61.517, Fla. Stat.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").The circuit court did not err in failing to apply this subsection. In order for section 61.517(1) to apply, the child must be present in the state where the petition is filed. Cf. McAbee v. McAbee, 259 So. 3d 134, 139 (Fla. 4th DCA 2018) (determining that the trial court had emergency jurisdiction in Florida, despite the fact that Virginia was the child's home state, because the child was physically present in Florida when the mother filed the emergency petition); In re NC, 294 P.3d 866, 874 (Wyo. 2013) ("[T]he only requirements for a state to exercise emergency jurisdiction pursuant to the UCCJEA are that the child be present in the state and that the child be subjected to or threatened with abuse.").Other than in Part II, which implements the Uniform Child Custody Jurisdiction and Enforcement Act, §§ 61.501–.542, Fla. Stat., emergencies are nowhere mentioned in chapter 61, and no provision is made for addressing them. In section 61.517, Florida Statutes (2017), the Uniform Child Custody Jurisdiction and Enforcement Act sets forth the circumstances in which a court of this state may exercise "temporary emergency jurisdiction" over a child who is the subject of a foreign custody decree.Finally, Alobaid argues that the court erred in approving a temporary time-sharing plan with respect to the child because Kuwait, not Florida, is the child's home state under the UCCJEA. We review de novo a question of whether a court has jurisdiction pursuant to the UCCJEA, which governs subject matter jurisdiction over interstate child custody matters. McAbee v. McAbee, 259 So. 3d 134, 139 (Fla. 4th DCA 2018). "Pursuant to the initial child custody jurisdiction provision of the UCCJEA, ... the child's ‘home state’ is unequivocally granted priority to exercise jurisdiction to determine initial custody matters, except in temporary emergency situations. " N.B. v. Dep't of Children & Families, 274 So. 3d 1163, 1167 (Fla. 3d DCA 2019) (emphasis added). The UCCJEA provides that "a [Florida] court ... has temporary emergency jurisdiction if the child is present in [Florida] and ... it is necessary in an emergency to protect the child because the child, ... or parent of the child, is subjected to or threatened with mistreatment or abuse ." § 61.517( 1), Fla. Stat. (emphasis added). Here, the parties do not dispute that the child was physically in Florida when Khan filed the… 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").(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:Here, the trial court acknowledged the Massachusetts temporary custody order but determined it was "not necessary for this court to initiate contact with the Court in Massachusetts, as Florida is the state that can properly exercise jurisdiction over the custody of the children." This was error. Although we agree that the trial court had jurisdiction to make an initial custody determination under section 61.514, upon learning of the temporary child custody order in Massachusetts, the trial court should have contacted the Massachusetts court to determine whether Massachusetts would be a more appropriate forum to resolve the custody issue as required by section 61.517(4). See id.; Earney v. Quiloan, 206 So. 3d 147, 150 (Fla. 5th DCA 2016) (affirming the trial court's finding regarding jurisdiction but remanding "because the trial court failed to satisfy the contact requirement imposed by section 61.517(4)").Nonetheless, the mother contends that Florida, thereafter, improperly exercised jurisdiction, as in the absence of a formal termination of the California proceedings, the California case remained concurrently active. See § 61.519(1), Fla. Stat. (2018) ("[A] court of [Florida] may not exercise its [home state] jurisdiction ... [if] a proceeding concerning the custody of the child had been commenced in a court of another state [properly exercising] jurisdiction ... 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."). We agree that, under the broad statutory definition promulgated in section 61.503(4), Florida Statutes (2018), the temporary emergency proceeding constituted an earlier-initiated child custody proceeding. Nevertheless, California's act of transferring the case necessarily evidenced a declination to further exercise temporary jurisdiction, and the ensuing acceptance of transfer by Florida entailed a de facto, contemporaneous termination of the temporary proceedings. See e.g., In re Am. President Lines, Ltd., 929 F.2d 226 (6th Cir. 1991) (discussing that a… . . . ." § 61.517(1), Fla. Stat. (2018) ; see Cal. Fam. . . . UCCJEA § 204 comment (1997); see § 61.517(2), Fla. . . . order is obtained from a court of a state having jurisdiction [as the home state of the child]." § 61.517 . . .
. . . ." § 61.517(1), Fla. Stat. (2017). . . . Section 61.517(4), Fla. . . . matter for the Seventeenth Judicial Circuit Court to contact the Virginia court pursuant to section 61.517 . . . DCA 2016) ("[B]ecause the trial court failed to satisfy the contact requirement imposed by section 61.517 . . . Section 61.517, Fla. Stat. (2017). . . .
. . . ." § 61.517(1). . . .
. . . respondent states that she “filed a Private Dependency Petition in Georgia based on Florida statutes § 61.517 . . . " or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.” § 61.517 . . .
. . . . §■ 61.517(1), Fla: Stat. (2016). . . . See § 61.517(1), Fla. Stat. . . . having jurisdiction under ss. 61.5J.4-61.516, shall immediately communicate with the other court- § 61.517 . . . petitions, the trial court contacted the Texas court at all, much less immediately, as required by section 61.517 . . . Therefore, because the trial court failed to satisfy the contact requirement imposed by section 61.517 . . .
. . . See § 61.517, Fla. Stat. (2015); N.Y. Dom. Rel. Law § 76-c (McKinney 2015). . . . See § 61.517(4), Fla. Stat. (2015). . . .
. . . This section states: (1) Except as otherwise provided in s. 61.517, a court of this state has jurisdiction . . . trial court’s jurisdiction in simultaneous proceedings, states: Except as otherwise provided in s. 61.517 . . .
. . . North Carolina’s counterpart to section 61.517, Florida Statutes (2011), “Temporary emergency jurisdiction . . .
. . . Section 61.519(1), Florida Statutes (2011), provides: Except as otherwise provided in s. 61.517, a court . . .
. . . Section 61.514(1) states as follows: (1) Except as otherwise provided in s. 61.517 [the section dealing . . .
. . . .— (2) Except as otherwise provided in s.61.517 [temporary emergency jurisdiction], a court of this state . . .
. . . See § 61.517, Fla. Stat. (2010); Va.Code Ann. § 20-146.15 (2010). We affirm on all but one issue. . . . See § 61.517, Fla. Stat. (2010); Ya.Code Ann. § 20-146.15 (2010). . . . Section 61.517(4), Florida Statutes provides, in pertinent part: A court of this state which is exercising . . . safety of the parties and the child, and determine a period for the duration of the temporary order. § 61.517 . . . See § 61.517(1), Fla. Stat. (2010). . . . .
. . . The statute provides as follows: (1) Except as otherwise provided in s. 61.517 [providing for “temporary . . .
. . . .— (1) Except as otherwise provided in s. 61.517, a court of this state has jurisdiction to make an initial . . .
. . . . — Except as otherwise provided in s. 61.517, a court of this state may not modify a child custody determination . . . Simultaneous proceedings— (1) Except as otherwise provided in s. 61.517,a court of this state may not . . . court of this state is a more convenient forum under s. 61.520. (2) Except as otherwise provided in s. 61.517 . . .
. . . Section 61.514 provides: (1)Except as otherwise provided in s. 61.517, a court of this state has jurisdiction . . .
. . . . — Except as otherwise provided in s. 61.517, a court of this state may not modify a child custody determination . . . They provide: 61.514 Initial child custody jurisdiction.- (1) Except as otherwise provided in s. 61.517 . . .
. . . Initial child custody jurisdiction,” provides in relevant part: (1) Except as otherwise provided in s. 61.517 . . . even if Florida did not have jurisdiction under section 61.514, Florida had jurisdiction under section 61.517 . . . Section 61.517, titled “Temporary emergency jurisdiction,” provides in relevant part: (1) A court of . . . Any temporary child custody determinations made in this case under section 61.517 remained in effect . . . See § 61.517(2). . . .
. . . Stat. 61.517.” . . . ), provides as follows: Initial child custody jurisdiction.— (1) Except as otherwise provided in s. 61.517 . . . provides, in pertinent part, as follows: Simultaneous proceedings.— (1) Except as otherwise provided in s. 61.517 . . . court of this state is a more convenient forum under s. 61.520. (2) Except as otherwise provided in s. 61.517 . . .
. . . custody proceeding in another state is then in progress, provides: Except as otherwise provided in s. 61.517 . . . Section 61.517 is not'pertinent to this appeal because it applies to a court’s temporary emergency jurisdiction . . .
. . . . § 61.517, Fla. Stat. (2005); N.D. Cent.Code § 14-14.1-15. . . . the trial judge should have communicated with the judge in North Dakota under the terms of section 61.517 . . . , or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.” § 61.517 . . . Therefore, in accordance with section 61.517(4), once the trial judge learned of North Dakota’s domestic . . . the protective order, this does not negate the requirement imposed on the Florida judge under section 61.517 . . .
. . . One of the provisions of the UCCJEA, section 61.519(1), provides: Except as otherwise provided in s. 61.517 . . . entry of the dissolution judgment did terminate the Florida proceedings regarding custody, section 61.517 . . . Although the trial court did not cite section 61.517, the mother’s actions could constitute mistreatment . . .
. . . .” § 61.517(1), Fla. Stat. No proceedings concerning these children were brought in Virginia. . . .