Florida Statute 61.521 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

View Entire Chapter

F.S. 61.521

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;

(b) A court of the state otherwise having jurisdiction under ss. 61.514-61.516 determines that this state is a more appropriate forum under s. 61.520; or

(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.

History.—s. 5, ch. 2002-65.

F.S. 61.521 on Google Scholar

F.S. 61.521 on Casetext

Amendments to 61.521

Arrestable Offenses / Crimes under Fla. Stat. 61.521

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.521.

Annotations, Discussions, Cases:

Cases Citing Statute 61.521

Total Results: 10

NAVIN CHATANI v. HEATHER BLAZE

Court: District Court of Appeal of Florida | Date Filed: 2022-08-17

Snippet: vest jurisdiction in a court”). Section 61.521(1), Florida Statutes, provides “if a court of this

Baker v. Tunney

Court: District Court of Appeal of Florida | Date Filed: 2016-10-21

Citation: 201 So. 3d 1235, 2016 Fla. App. LEXIS 15697

Snippet: the more appropriate forum under s. 61.520, or s. 61.521, and: 1. The child and the child’s parents

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

Court: District Court of Appeal of Florida | Date Filed: 2012-05-30

Citation: 88 So. 3d 1050, 2012 Fla. App. LEXIS 8593, 2012 WL 1939742

Snippet: “inconvenient forum” section of the UC-CJEA] or s. 61.521 [the section dealing with declination of jurisdiction

Sarpel v. Eflanli

Court: District Court of Appeal of Florida | Date Filed: 2011-06-01

Citation: 65 So. 3d 1080, 2011 Fla. App. LEXIS 8086, 2011 WL 2135575

Snippet: the more appropriate forum under s. 61.520 or s. 61.521, and: 1. The child and the child’s parents, or

Medlin v. Medlin

Court: District Court of Appeal of Florida | Date Filed: 2009-10-14

Citation: 18 So. 3d 734, 2009 Fla. App. LEXIS 15547, 2009 WL 3278676

Snippet: costs to the wife under the provisions of section 61.521(3), Florida Statutes. We decline to address this

Karam v. Karam

Court: District Court of Appeal of Florida | Date Filed: 2009-03-11

Citation: 6 So. 3d 87, 2009 Fla. App. LEXIS 1795, 2009 WL 605401

Snippet: the more appropriate forum under s. 61.520 or s. 61.521, and: 1. The child and the child's parents, or

McGhee v. Biggs

Court: District Court of Appeal of Florida | Date Filed: 2008-02-06

Citation: 974 So. 2d 524, 2008 WL 313589

Snippet: more appropriate *526 forum under s. 61.520 or s. 61.521 and . . . Subsection (a) doesn't apply because

Arjona v. Torres

Court: District Court of Appeal of Florida | Date Filed: 2006-10-25

Citation: 941 So. 2d 451, 2006 WL 3019578

Snippet: the more appropriate forum under s. 61.520 or s. 61.521, and: 1. The child and the child's parents, or

Benson v. Evans

Court: District Court of Appeal of Florida | Date Filed: 2005-04-18

Citation: 901 So. 2d 893, 2005 WL 879616

Snippet: the more appropriate forum under s. 61.520 or s. 61.521"; also, the record does not reflect that the mother

Brunstetter v. Padron

Court: District Court of Appeal of Florida | Date Filed: 1962-04-03

Citation: 139 So. 2d 509, 1962 Fla. App. LEXIS 3505

Snippet: PER CURIAM. This appeal seeks review of a final order of dismissal. The appellant filed a declaratory decree action, seeking to recover upon an alleged oral agreement for attorney’s fees in the successful procuring, by a mandamus action, of monies from the City of Miami for the appellees (which monies were collected under the provisions of Chapter 19112, Laws of Fla., Acts of 1939, F.S.A. § 175.01 et seq.), together with the establishment of a separate fund to administer such monies. It appears