Florida/Georgia Personal Injury & Workers Compensation

...e child's residence there for more than six months preceding the commencement of the proceeding. See § 61.514, Fla. Stat.; Tenn.Code Ann. § 36-6-216. The Florida court ostensibly relied on the enforcement provisions of the act, sections 61.519 and 61.530, Florida Statutes, in concluding that it retained jurisdiction to enforce its orders....

...(2) to enjoin the parties from continuing with enforcement; and (3) to proceed with modification, which was the option the Tennessee court selected. In our judgment, the provisions of section 61.519 should be considered in pari materia with those of section 61.530, also *85 relating to simultaneous proceedings, [3] 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...

...NOTES [1] The consultation was carried out pursuant to the terms of the UCCJEA authorizing, during simultaneous proceedings, the enforcing court to confer with the court of another jurisdiction considering a motion to modify a custody determination. See § 61.530, Fla....

...foreign court, or to proceed with the modification. [8] 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, [9] "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." "[Section 61.530] 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." Staats, 924 So.2d at 85....

...The French court rebuffed this suggestion in a written order. [8] The record does not clearly demonstrate whether or not either party filed an enforcement proceeding in the French court. The order on appeal is silent on the matter. [9] Both sections 61.519 and 61.530 are titled "Simultaneous proceedings." The former applies to foreign modification proceedings, the latter to foreign enforcement proceedings.

...); 2 thus, the Broward court should have specified a period in which the father had to obtain an order from a court *440 having jurisdiction to modify under section 61.514-.523. Under the facts of this case, that would have been a court in Colorado. 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, th...

...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....

...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. § 61.530, Fla....