Florida Statutes
Fla. Stat. § 61.521 (2025)
Jurisdiction declined by reason of conduct.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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61.521 Jurisdiction declined by reason of conduct.—
(1) Except as otherwise provided in s. 61.517 or by other law of this state, if a court of this state has jurisdiction under this part because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(a) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2) If a court of this state declines to exercise its jurisdiction under subsection (1), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under ss. 61.514-61.516.
(3) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction under subsection (1), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and expenses for child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this part.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2005–2022 · leading case: Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006).
Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006). “Accord Fla. Stat. Ann. § 61.521 (1); UC-CJEA § 208(a), 9 U.”
Sarpel v. Eflanli, 65 So. 3d 1080 (Fla. 4th DCA 2011). “See § 61.521(1), Fla. Stat. Home State Analysis We begin our analysis with section 61.”
Benson v. Evans, 901 So. 2d 893 (Fla. 4th DCA 2005). “See § 61.521(1). Petition for writ of prohibition granted.”
Navin Chatani v. Heather Blaze (Fla. 3d DCA 2022). “” Essentially, section 61.521 provides that when a party has engaged in unjustifiable conduct to establish jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, a Florida court shall decline, not accept, that jurisdiction.”
Medlin v. Medlin, 18 So. 3d 734 (Fla. 1st DCA 2009). “Petitioner asks this court to direct the circuit court to consider assessment of fees and costs to the wife under the provisions of section 61.521(3), Florida Statutes. We decline to address this issue, finding that it should first be presented to the circuit court.”
— 61.521(1) — 3 cases
Sarpel v. Eflanli, 65 So. 3d 1080 (Fla. 4th DCA 2011). “See § 61.521(1), Fla. Stat. Home State Analysis We begin our analysis with section 61.”
Benson v. Evans, 901 So. 2d 893 (Fla. 4th DCA 2005). “See § 61.521(1). Petition for writ of prohibition granted.”
Navin Chatani v. Heather Blaze (Fla. 3d DCA 2022). “” Essentially, section 61.521 provides that when a party has engaged in unjustifiable conduct to establish jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, a Florida court shall decline, not accept, that jurisdiction.”
— 61.521(3) — 1 case
Medlin v. Medlin, 18 So. 3d 734 (Fla. 1st DCA 2009). “Petitioner asks this court to direct the circuit court to consider assessment of fees and costs to the wife under the provisions of section 61.521(3), Florida Statutes. We decline to address this issue, finding that it should first be presented to the circuit court.”
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