Florida Statutes
Fla. Stat. § 61.520 (2025)
Inconvenient forum.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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;
(c) The distance between the court in this state and the court in the state that would assume jurisdiction;
(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.
Notes of Decisions
Cited in 23
cases (3 in the last 5 years), 2006–2024 · leading case: Steckler v. Steckler, 921 So. 2d 740 (Fla. 5th DCA 2006).
Steckler v. Steckler, 921 So. 2d 740 (Fla. 5th DCA 2006). “[2] The former wife contends that the trial court erred in refusing to conduct a hearing to determine jurisdiction under the inconvenient forum factors enumerated in section 61.520, Florida Statutes (2005). Under section 61.”
in the Interest of T.B. & A.B., Child., 497 S.W.3d 640 (Tex. App. 2016). “See Fla. Stat. Ann. § 61.520 . Section 61.520 of Florida’s UC-CJEA is identical to section 152.”
KI v. Dep't of Child. & Families, 70 So. 3d 749 (Fla. 4th DCA 2011). “” § 61.520(1), Fla. Stat. (2010). 3 The transfer of a case from one jurisdiction to another on the ground of inconvenient forum may be raised in a motion from either party, the court, or the request of another court; provided the court follows the statutory procedures and…”
Rudel v. Rudel, 111 So. 3d 285 (Fla. 4th DCA 2013). “See § 61.520, Fla. Stat. At the hearing on the husband’s motions, the court heard evidence on the factors in section 61.”
M.A.C. v. M.D.H., 88 So. 3d 1050 (Fla. 2d DCA 2012). “514(l)(a) in this paragraph and not section 61.520, the inconvenient forum section.”
Dept. of Child. & Families v. M.N. & O.C.S., 199 So. 3d 452 (Fla. 3d DCA 2016). “Section 61.520, “Inconvenient Forum,” in subpart (1), permits a court of this state which has jurisdiction to decline to exercise its jurisdiction if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate…”
Dileo v. Dileo, 939 So. 2d 181 (Fla. 5th DCA 2006). “514, Florida Statutes (2005)), or that the Florida forum was now inconvenient and should not exercise further jurisdiction, in accordance with section 61.520, Florida Statutes (2005). He suggested that jurisdiction more logically fell within Tennessee where the former wife and…”
Haugabook v. Jeffcoat-Hultberg, 219 So. 3d 65 (Fla. 4th DCA 2016). “One of the statutory considerations is that when a court of this state decides to communicate ■ with the court of another state, “[t]he court shall allow the parties to participate in the communication.”
Barnes v. Barnes, 124 So. 3d 994 (Fla. 4th DCA 2013). “The mother’s argument that the trial court properly refused jurisdiction pursuant to section 61.520, Florida Statutes (2011), is not supported by the record and does not merit further discussion.”
Salloum v. Falkowski, 2016 Ohio 5005 (Ohio Ct. App. 2016). “21(A) and Fla. Stat. 61.520(A). Furthermore, a review of R.”
Johnson v. Johnson, 88 So. 3d 335 (Fla. 2d DCA 2012). “See § 61.520(4) (providing that “[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…”
London v. London, 32 So. 3d 107 (Fla. 2d DCA 2009). “The UCCJEA defines the term “inconvenient forum” in section 61.520. To conform substantially with the UCCJEA in this instance, the French court must "consider all relevant factors” to make this determination, including: (a) Whether domestic violence has occurred and is likely to…”
— 61.520(1) — 5 cases
KI v. Dep't of Child. & Families, 70 So. 3d 749 (Fla. 4th DCA 2011). “” § 61.520(1), Fla. Stat. (2010). 3 The transfer of a case from one jurisdiction to another on the ground of inconvenient forum may be raised in a motion from either party, the court, or the request of another court; provided the court follows the statutory procedures and…”
Haugabook v. Jeffcoat-Hultberg, 219 So. 3d 65 (Fla. 4th DCA 2016). “One of the statutory considerations is that when a court of this state decides to communicate ■ with the court of another state, “[t]he court shall allow the parties to participate in the communication.”
Paul Ernest Varchetti v. Julie Anne Varchetti (Fla. 4th DCA 2020).
Burgos v. Sequeira, Vargas (Fla. 2d DCA 2024).
Waed Jamil Awad v. Bashir M. Noufal (Fla. 2d DCA 2019).
— 61.520(2) — 10 cases
Steckler v. Steckler, 921 So. 2d 740 (Fla. 5th DCA 2006). “[2] The former wife contends that the trial court erred in refusing to conduct a hearing to determine jurisdiction under the inconvenient forum factors enumerated in section 61.520, Florida Statutes (2005). Under section 61.”
KI v. Dep't of Child. & Families, 70 So. 3d 749 (Fla. 4th DCA 2011). “” § 61.520(1), Fla. Stat. (2010). 3 The transfer of a case from one jurisdiction to another on the ground of inconvenient forum may be raised in a motion from either party, the court, or the request of another court; provided the court follows the statutory procedures and…”
Rudel v. Rudel, 111 So. 3d 285 (Fla. 4th DCA 2013). “See § 61.520, Fla. Stat. At the hearing on the husband’s motions, the court heard evidence on the factors in section 61.”
Dept. of Child. & Families v. M.N. & O.C.S., 199 So. 3d 452 (Fla. 3d DCA 2016). “Section 61.520, “Inconvenient Forum,” in subpart (1), permits a court of this state which has jurisdiction to decline to exercise its jurisdiction if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate…”
Burgos v. Sequeira, Vargas (Fla. 2d DCA 2024).
— 61.520(2)(a) — 3 cases
M.A.C. v. M.D.H., 88 So. 3d 1050 (Fla. 2d DCA 2012). “514(l)(a) in this paragraph and not section 61.520, the inconvenient forum section.”
KI v. Dep't of Child. & Families, 70 So. 3d 749 (Fla. 4th DCA 2011). “” § 61.520(1), Fla. Stat. (2010). 3 The transfer of a case from one jurisdiction to another on the ground of inconvenient forum may be raised in a motion from either party, the court, or the request of another court; provided the court follows the statutory procedures and…”
Paul Ernest Varchetti v. Julie Anne Varchetti (Fla. 4th DCA 2020).
— 61.520(2)(f) — 1 case
Destefanis v. Tan (Fla. 3d DCA 2017).
— 61.520(3) — 2 cases
Dept. of Child. & Families v. M.N. & O.C.S., 199 So. 3d 452 (Fla. 3d DCA 2016). “Section 61.520, “Inconvenient Forum,” in subpart (1), permits a court of this state which has jurisdiction to decline to exercise its jurisdiction if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate…”
Paul Ernest Varchetti v. Julie Anne Varchetti (Fla. 4th DCA 2020).
— 61.520(4) — 1 case
Johnson v. Johnson, 88 So. 3d 335 (Fla. 2d DCA 2012). “See § 61.520(4) (providing that “[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…”
— 61.520(A) — 1 case
Salloum v. Falkowski, 2016 Ohio 5005 (Ohio Ct. App. 2016). “21(A) and Fla. Stat. 61.520(A). Furthermore, a review of R.”
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