Florida Statute 61.520 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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F.S. 61.520

61.520 Inconvenient forum.—

(1) A court of this state which has jurisdiction under this part to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion, or request of another court.

(2) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(a) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(b) The length of time the child has resided outside this state;

(d) The relative financial circumstances of the parties;

(e) Any agreement of the parties as to which state should assume jurisdiction;

(f) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(g) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(h) The familiarity of the court of each state with the facts and issues in the pending litigation.

(3) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(4) A court of this state may decline to exercise its jurisdiction under this part if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

History.—s. 5, ch. 2002-65.

F.S. 61.520 on Google Scholar

F.S. 61.520 on Casetext

Amendments to 61.520

Arrestable Offenses / Crimes under Fla. Stat. 61.520

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.520.

Annotations, Discussions, Cases:

Cases Citing Statute 61.520

Total Results: 20

Kilcrease v. Brown

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-06T00:00:00-08:00

Snippet: this state is a more convenient forum under s. 61.520.” Id.; cf. § 61.516, Fla. Stat. (prohibiting modification…state would be a more convenient forum under s. 61.520”). Neither exception appears to apply in the proceeding

Mattingly, Mattingly v. Hatfield

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

Snippet: state would be a more convenient forum under s. 61.520; or (2) A court of this state or a court

ANTHONY T. LITSCH, III vs JULIE LITSCH N/K/A JULIE MILLS

Court: Fla. Dist. Ct. App. | Date Filed: 2023-10-13T00:00:00-07:00

Snippet: factors. § 61.520(2), Fla. Stat. (2022). Neither section 61.515 nor section 61.520 uses the phrase…of another state is a more appropriate forum.” § 61.520, Fla. Stat. (2022). Before doing so, however, the…these statements support ceding jurisdiction under 61.520 (inconvenient forum) because the findings do not

CASSIDY S. MILLER v. ALEX V. MITCHELL

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-06T00:53:00-07:00

Snippet: this state is a more convenient forum under s. 61.520.”); see also N.J. Stat. Ann. § 2A:34-70 (West).

PAUL ERNEST VARCHETTI v. JULIE ANNE VARCHETTI

Court: Fla. Dist. Ct. App. | Date Filed: 2020-08-26T00:53:00-07:00

Snippet: to change venue to Michigan pursuant to section 61.520, Florida Statutes (2019), Florida’s Uniform Child… Husband’s motion was filed pursuant to section 61.520 of the UCCJEA, which provides for a Florida trial…of another state is a more appropriate forum.” § 61.520(1), Fla. Stat. (2019). Wife cites rule 12.140(b…finding that Michigan is a more convenient forum. § 61.520(3), Fla. Stat. (2019) (“If a court of this state…court to consider the factors listed in section 61.520(2)(a)–(h) before deciding to exercise jurisdiction

WAED JAMIL AWAD v. BASHIR M. NOUFAL

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-13T00:53:00-07:00

Snippet: another state is a more appropriate forum." § 61.520(1). Here, the trial court acknowledged

N.B. v. Dep't of Children of Families

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-05T00:00:00-07:00

Citation: 274 So. 3d 1163

Snippet: this state is a more convenient forum under s. 61.520."). We agree that, under the broad statutory…determination that it is an inconvenient forum. See § 61.520(2), Fla. Stat. (2018). Second, it is axiomatic

N.B. v. Dep't of Children of Families

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-05T00:00:00-07:00

Citation: 274 So. 3d 1163

Destefanis v. Tan

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-02T00:53:00-07:00

Snippet: conveniens provision under the UCCJEA, section 61.520. Section 61.520 permits a court in this state that has …state is a more appropriate forum.” § 61.520(1). Section 61.520(2) requires the court to consider all …Our analysis is directed by sections 61.515 and 61.520, Florida Statutes (2015). Under section 61.515…jurisdiction as exclusive, and analyze section 61.520 under the lens of exclusivity. Suit was …specific forum non conveniens provision, section 61.520. Because the UCCJEA contains a specific forum

Haugabook v. Jeffcoat-Hultberg

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-22T00:00:00-08:00

Citation: 219 So. 3d 65

Snippet: 70 So.3d 749, 753 (Fla. 4th DCA 2011) (quoting § 61.520(1), Fla. Stat. (2010)). However, an order declining

Baker v. Tunney

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-21T00:00:00-07:00

Citation: 201 So. 3d 1235

Snippet: this state is the more appropriate forum under s. 61.520, or s. 61.521, and: 1. The child and the child…the child’s home state. See §§ 61.514, 61.520, Fla. Stat. (2015). Accordingly, Florida retains

Dept. of Children and Families v. M.N. and O.C.S.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-31T00:00:00-07:00

Citation: 199 So. 3d 452

Snippet: that another forum is more convenient. Section 61.520, “Inconvenient Forum,” in subpart (1), permits …Rico itself has not enacted the UCCJEA. Section 61.520(3) specifically contemplates that the transferring…starting an action in Puerto Rico. Section 61.520(2) sets forth the matters to be considered as the…regarding the “relevant factors” set forth in section 61.520(2), before making a determination whether or

Nadine Mcindoo v. Ashley Atkinson

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-18T00:00:00-08:00

Citation: 159 So. 3d 227

Snippet: this state is a more convenient forum under s. 61.520. § 61.519, Fla. Stat. (2013) (emphasis added

Leming v. Jenkins

Court: Fla. Dist. Ct. App. | Date Filed: 2014-02-21T00:00:00-08:00

Citation: 132 So. 3d 1216

Snippet: court denied the motion, filed pursuant to section 61.520, Florida Statutes (2013), after weighing the factors

Barnes v. Barnes

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-30T00:00:00-07:00

Citation: 124 So. 3d 994

Snippet: properly refused jurisdiction pursuant to section 61.520, Florida Statutes (2011), is not supported by the

Rudel v. Rudel

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-17T00:00:00-07:00

Citation: 111 So. 3d 285

Snippet: grounds that Florida was an inconvenient forum. See § 61.520, Fla. Stat. At the hearing on the husband’s motions… court heard evidence on the factors in section 61.520(2) that a court should consider in determining

M.A.C. v. M.D.H.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-30T00:00:00-07:00

Citation: 88 So. 3d 1050

Snippet: addressing the statutory factors listed under section 61.520(2)(a)-(h), Florida Statutes (2010), the inconvenient…this state is the more appropriate forum under s. 61.520 [the “inconvenient forum” section of the UC-CJEA… to determine the custody of the child under s. 61.520 or s. 61.521; or (d) No court of any other state… 61.514(l)(a) in this paragraph and not section 61.520, the inconvenient forum section. The court also…relevant inconvenient forum factors listed in section 61.520(2)(a)-(h). However, there is nothing in the record

Durham v. Butler

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-30T00:00:00-07:00

Citation: 89 So. 3d 1023

Snippet: this state is a more convenient forum under s. 61.520. As this Court has recognized, the Child Custody

Johnson v. Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-09T00:00:00-07:00

Citation: 88 So. 3d 335

Snippet: determination but the reverse does not hold true. See § 61.520(4) (providing that “[a] court of this state may

KI v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-05T00:00:00-07:00

Citation: 70 So. 3d 749

Snippet: another state is a more appropriate forum." § 61.520(1), Fla. Stat. (2010).[3] The transfer of a case… statutory procedures and considerations. See § 61.520(1), (2)(a)-(h). The Florida trial court considered…more convenient forum state...." [4] Section 61.520(2), Florida Statutes, provides the following factors…the facts and issues in the pending litigation. § 61.520(2)(a)-(h), Fla. Stat. (2010). 4D11-298