Home
Menu
904-383-7448
Personal Injury Lawyer
Florida Statute 61.530 | Lawyer Caselaw & Research
F.S. 61.530 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 61.530

The 2023 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
F.S. 61.530
61.530 Simultaneous proceedings.If a proceeding for enforcement under ss. 61.524-61.540 is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under ss. 61.514-61.523, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
History.s. 5, ch. 2002-65.

F.S. 61.530 on Google Scholar

F.S. 61.530 on Casetext

Amendments to 61.530


Arrestable Offenses / Crimes under Fla. Stat. 61.530
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.530.



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. London v. London

    32 So. 3d 107 (Fla. Dist. Ct. App. 2009)   Cited 3 times
    Lastly, subsection (3) provides the Florida court with three alternatives in considering a petition to modify custody where a party had previously commenced an enforcement action in another state: to stay the Florida modification proceeding, to enjoin the parties from continuing the enforcement in the foreign court, or to proceed with the modification. Although this subsection, on its face, grants the Florida court the authority to proceed with modification, "the provisions of section 61.519 should be considered in pari materia with those of section 61.530." Staats v. McKinnon, 924 So.2d 82, 84 (Fla. 1st DCA 2006). Section 61.530 provides that, given simultaneous proceedings, "the enforcing court shall immediately communicate with the modifying court . . . and [t]he proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding."
    PAGE 111
  2. Staats v. McKinnon

    924 So. 2d 82 (Fla. Dist. Ct. App. 2006)   Cited 4 times
    In our judgment, the provisions of section 61.519 should be considered in pari materia with those of section 61.530, also relating to simultaneous proceedings, and it permits the court in which a proceeding for enforcement is conducted to communicate with a court of another state having jurisdiction to modify a custody determination. Section 61.530 (section 36-6-231 of the Tennessee Code) specifically provides: "The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding." This statute clearly confers greater discretion on the enforcing court to proceed with enforcement of a custody order than section 61.519 allows a court in another state in its consideration of a motion to modify. In the case at bar, the Florida trial court refused to stay or dismiss the proceeding before it. We conclude the lower court acted appropriately under the UCCJEA, by facilitating the enforcement of a custody decree in the state of Florida. See § 61.502(6), Fla. Stat.
    PAGE 85
  3. Giventer v. Giventer

    863 So. 2d 438 (Fla. Dist. Ct. App. 2003)   Cited 1 times
    Section 61.530, providing for simultaneous proceedings, states that an enforcement proceeding in this state may continue even after the court learns that a proceeding to modify is pending in another state with jurisdiction to modify; in that case, the enforcing court must first communicate with the modifying court, but the enforcement proceeding continues unless the enforcing court stays or dismisses it after communicating with the modifying court. By the time the lower court entered the July 17, 2003 written order compelling summer visitation, it had been advised of the commencement of the Colorado proceeding, in which the mother sought modification of the child custody determination in the form of a modification of the visitation provisions of the mediated settlement agreement. Based on section 61.530, the Broward circuit court should have communicated with the Colorado court as soon as it was advised of the Colorado proceeding.
    PAGE 440

    Cases from cite.case.law:

    LONDON, v. LONDON,, 32 So. 3d 107 (Fla. Dist. Ct. App. 2009)

    . . . modification, “the provisions of section 61.519 should be considered in pari materia with those of section 61.530 . . . Section 61.530 provides that, given simultaneous proceedings, “the enforcing court shall immediately . . . “[Section 61.530] clearly confers greater discretion on the enforcing court to proceed with enforcement . . . The order on appeal is silent on the matter. .Both sections 61.519 and 61.530 are titled “Simultaneous . . .

    B. STAATS, v. E. McKINNON, f k a E., 924 So. 2d 82 (Fla. Dist. Ct. App. 2006)

    . . . The Florida court ostensibly relied on the enforcement provisions of the act, sections 61.519 and 61.530 . . . judgment, the provisions of section 61.519 should be considered in pari materia with those of section 61.530 . . . Section 61.530 (section 36-6-231 of the Tennessee Code) specifically provides: “The proceeding for enforcement . . . See § 61.530, Fla. Stat.; Tenn.Code Ann. § 36-6-236. . . . .

    GIVENTER, v. GIVENTER,, 863 So. 2d 438 (Fla. Dist. Ct. App. 2003)

    . . . The clear requirement of section 61.530 is that the enforcing court (Florida) “shall immediately communicate . . . Section 61.530, providing for simultaneous proceedings, states that an enforcement proceeding in this . . . Based on section 61.530, the Broward circuit court should have communicated with the Colorado court as . . . enforcing court, after consultation with the modifying court, stays or dismisses the proceeding. § 61.530 . . .

    AMERICAN AIRLINES, v. AIR LINE PILOTS ASS N, INTERNATIONAL, 91 F. Supp. 629 (E.D.N.Y. 1950)

    . . . what the Board meant by saying that the company failed to comply fully with the “intent” of Regulation 61.530 . . .