Florida Statute 61.531 | 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. 61.531

61.531 Expedited enforcement of child custody determination.—

(1) A petition under ss. 61.524-61.540 must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.

(2) A petition for enforcement of a child custody determination must state:

(a) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, specify the basis;

(b) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this part and, if so, identify the court, the case number, and the nature of the proceeding;

(c) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;

(d) The present physical address of the child and the respondent, if known;

(e) Whether relief in addition to the immediate physical custody of the child and attorney’s fees is sought, including a request for assistance from law enforcement officers and, if so, the relief sought; and

(f) If the child custody determination has been registered and confirmed under s. 61.528, the date and place of registration.

(3) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of the hearing at the request of the petitioner.

(4) An order issued under subsection (3) must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under s. 61.535 and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:

(a) The child custody determination has not been registered and confirmed under s. 61.528 and that:

1. The issuing court did not have jurisdiction under ss. 61.514-61.523;

2. The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under ss. 61.514-61.523; or

3. The respondent was entitled to notice, but notice was not given in accordance with the standards of s. 61.509 in the proceedings before the court that issued the order for which enforcement is sought; or

(b) The child custody determination for which enforcement is sought was registered and confirmed under s. 61.528, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under ss. 61.514-61.523.

History.—s. 5, ch. 2002-65.

F.S. 61.531 on Google Scholar

F.S. 61.531 on Casetext

Amendments to 61.531

Arrestable Offenses / Crimes under Fla. Stat. 61.531

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.531.

Annotations, Discussions, Cases:

Cases Citing Statute 61.531

Total Results: 4

Bravo v. Johnson F/K/A Donlan

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

Snippet: his timesharing rights. See §§ 61.506, 61.528, 61.531, Fla. Stat. (providing for international application

Dyce v. Christie

Court: District Court of Appeal of Florida | Date Filed: 2009-09-16

Citation: 17 So. 3d 892, 2009 Fla. App. LEXIS 13747, 2009 WL 2949381

Snippet: requested relief available under sections 61.528 and 61.531, Florida Statutes.[1] Both statutes required the

Hart Properties, Inc. v. Slack ex rel. Slack

Court: District Court of Appeal of Florida | Date Filed: 1964-01-22

Citation: 159 So. 2d 482

Snippet: PER CURIAM. Whereas, the judgment of this court was entered on October 9, 1962 (145 So.2d 285), affirming the judgment of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, in the above styled cause; and Whereas on review of this court’s judgment, by certiorari, the Supreme Court of Florida, 1963 (159 So.2d 236) and mandate dated January 20, 1964, now *483lodged in this court, quashed this court’s judgment and the cause was remanded for the entry of a decision in

Hart Properties, Inc. v. Slack ex rel. Slack

Court: District Court of Appeal of Florida | Date Filed: 1962-10-09

Citation: 145 So. 2d 285

Snippet: PEARSON, TILLMAN, Chief Judge. John Slack, the minor plaintiff, went with his older brother, Steve, to the Castaways Motel [owned and operated by the defendant] to go swimming. During the course of the day, plaintiff was injured when he stepped back from the side of the pool and fell into the hole left uncovered when the doors leading down to the pump room were open. Neither boy was a guest at the motel nor did either pay any money for the privilege of using the pool. By arrangement with the manager