The 2023 Florida Statutes
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7. Pursuant to the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act, Sections 61.522, Florida Statutes, the parties state:
The maternal grandmother responded to Mr. Sweeney's Pennsylvania proceedings by attempting to enforce the Florida court's order in that forum. She objected to the Pennsylvania court's exercise of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) due to the existence of her earlier-filed Florida custody case and the Florida order in force. The Pennsylvania trial court agreed that it was required to refrain from considering the action and denied Mr. Sweeney's petition. However, a Pennsylvania appellate court reversed this denial and directed the trial court to communicate with the Florida trial court, pursuant to the UCCJEA. The record of this appeal does not contain evidence of or reference to any such communication between the state courts. See§§ 61.519, 61.522, Fla. Stat.
The maternal grandmother responded to Mr. Sweeney's Pennsylvania proceedings by attempting to enforce the Florida court's order in that forum. She objected to the Pennsylvania court's exercise of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") due to the existence of her earlier-filed Florida custody case and the Florida order in force. The Pennsylvania trial court agreed that it was required to refrain from considering the action and denied Mr. Sweeney's petition. However, a Pennsylvania appellate court reversed this denial and directed the trial court to communicate with the Florida trial court, pursuant to the UCCJEA. The record of this appeal does not contain evidence of or reference to any such communication between the state courts. See §§ 61.519, 61.522, Fla. Stat.
(2) Except as otherwise provided in s. 61.517, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to s. 61.522. If the court determines that a child custody proceeding was previously commenced in a court in another state having jurisdiction substantially in accordance with this part, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this part does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
Sgt. Mannino filed for dissolution of marriage in Florida in August 2004. In the UCCJEA affidavit filed in conjunction with the petition, required by section 61.522, he claimed Florida as the children's "home state." In January 2005 in Japan, the couple executed with all formal requisites a kyogi rikon, the Japanese equivalent of an uncontested divorce. Under the terms of this Japanese divorce, Mrs. Mannino allegedly gave up her sons to Sgt. Mannino's custody and care and without any obligation on her part for their support. After execution of the kyogi rikon, and in the then still ongoing Florida dissolution proceedings, the parties entered into a marital settlement agreement in which Mrs. Mannino agreed that Sgt. Mannino would have sole parental responsibility of the boys and their primary residential custody, and Mrs. Mannino would have specified visitation. In June 2005, the circuit court entered a final judgment of dissolution, incorporating the marital settlement agreement and all its terms. The court also ordered that Mrs. Mannino pay specified child support. No appeal was taken from this final judgment of dissolution.
(2) Except as otherwise provided in s. 61.517, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to s. 61.522. If the court determines that a child custody proceeding was previously commenced in a court in another state having jurisdiction substantially in accordance with this part, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this part does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
Section 61.132 was repealed by chapter 2002-65, section 7, at 870, Laws of Florida, effective October 1, 2002. That section has been replaced by section 61.522.
Section 61.132, Florida Statutes, was repealed by chapter 2002-65, section 7, at 870, Laws of Florida, effective October 1, 2002. That section has been replaced by section 61.522, Florida Statutes.
. . . . § 61.522(3)(a). The statutory definition of governmental unit also includes municipalities. . . .
. . . See §§ 61.519, 61.522, Fla. Stat. On March 27, 2012, Mr. . . .
. . . proceeding, shall examine the court documents and other information supplied by the parties pursuant to s.61.522 . . .
. . . proceeding, shall examine the court documents and other information supplied by the parties pursuant to s. 61.522 . . .
. . . In the UCCJEA affidavit filed in conjunction with the petition, required by section 61.522, he claimed . . .
. . . proceeding, shall examine the court documents and other information supplied by the parties pursuant to s. 61.522 . . .
. . . That section has been replaced by section 61.522. . . . .
. . . That section has been replaced by section 61.522, Florida Statutes. . . .