Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 61.0401 - Full Text and Legal Analysis
Florida Statute 61.0401 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 61.0401 Case Law from Google Scholar Google Search for Amendments to 61.0401

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
61.0401 Application of the law of a foreign country in courts relating to matters arising out of or relating to this chapter and chapter 88.—
(1) As used in this section, the term “strong public policy” means public policy of sufficient importance to outweigh the policy of protecting freedom of contract.
(2) A court may not enforce:
(a) A choice of law provision in a contract selecting the law of a foreign country which contravenes the strong public policy of this state or that is unjust or unreasonable.
(b) A forum selection clause in a contract that selects a forum in a foreign country if the clause is shown to be unreasonable or unjust or if strong public policy would prohibit the enforceability of the clause under the specific facts of the case.
(3) Before enforcing a judgment or order of a court of a foreign country, a court must review the judgment or order to ensure that it complies with the rule of comity. A judgment or order of a court of a foreign country is not entitled to comity if the parties were not given adequate notice and the opportunity to be heard, the foreign court did not have jurisdiction, or the judgment or order of the foreign court offends the public policy of this state. As used in this subsection, a “foreign court” or “court of a foreign country” includes any court or tribunal that has jurisdiction under the laws of that nation over the subject of matters governed by this chapter or chapter 88.
(4) Any attempt to apply the law of a foreign country is void if it contravenes the strong public policy of this state or if the law is unjust or unreasonable.
(5) A trial court may not dismiss an action on the grounds that a satisfactory remedy may be more conveniently sought in a foreign country unless the trial court finds in accordance with all the applicable rules of civil procedure and this section that an adequate alternate forum exists.
(6) This section applies only to matters governed by or relating to this chapter or chapter 88.

The purpose of this section is to codify existing case law, and that intent should guide the interpretation of this section.

History.—s. 1, ch. 2014-10.

F.S. 61.0401 on Google Scholar

F.S. 61.0401 on CourtListener

Amendments to 61.0401


Annotations, Discussions, Cases:

Cases Citing Statute 61.0401

Total Results: 34  |  Sort by: Relevance  |  Newest First

Copy

Perlow v. Berg-Perlow, 875 So. 2d 383 (Fla. 2004).

Cited 72 times | Published | Supreme Court of Florida | 2004 WL 583130

parental responsibility, custody, or visitation. See § 61.401, Fla. Stat. (2003). In this action, the trial
Copy

Lenz v. Winburn, 51 F.3d 1540 (11th Cir. 1995).

Cited 32 times | Published | Court of Appeals for the Eleventh Circuit | 1995 WL 243813

child, investigator or evaluator_” Fla. Stat.Ann. § 61.401 (West Supp.1995). Section 61.403 of the Florida
Copy

Attorney Ad Litem for DK v. Parents of DK, 780 So. 2d 301 (Fla. 4th DCA 2001).

Cited 13 times | Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 3473, 2001 WL 273834

protecting any privilege the minor child might have. Section 61.401, Florida Statutes (2000), clearly distinguishes
Copy

McAlister v. Shaver, 633 So. 2d 494 (Fla. 5th DCA 1994).

Cited 12 times | Published | Florida 5th District Court of Appeal | 1994 WL 63300

represent the child's interest in this matter. Section 61.401, Fla. Stat. (1993); see Cortina v. Cortina
Copy

Miller v. Miller, 671 So. 2d 849 (Fla. 5th DCA 1996).

Cited 12 times | Published | Florida 5th District Court of Appeal | 1996 WL 170191

for hearing and appointed a GAL pursuant to section 61.401, Florida Statutes (1993). The GAL in this case
Copy

Perez v. Perez, 769 So. 2d 389 (Fla. 3d DCA 1999).

Cited 7 times | Published | Florida 3rd District Court of Appeal | 1999 WL 973601

counsel and guardian; Standard 3.1). In fact, Section 61.401, Florida Statutes (1997) specifically provides
Copy

Amendments to the Florida Fam. Law Rules, 713 So. 2d 1 (Fla. 1998).

Cited 7 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533

served. For more information, you may consult section 61.401-61.405, Florida Statutes. Listed below are
Copy

Perlow v. Berg-Perlow, 816 So. 2d 210 (Fla. 4th DCA 2002).

Cited 6 times | Published | Florida 4th District Court of Appeal | 2002 WL 886399

However, we direct the trial court's attention to section 61.401, Florida Statutes (2001), should any subsequent
Copy

Amendments to the Florida Fam. Law Rules of Procedure & Fam. Law Forms, 810 So. 2d 1 (Fla. 2000).

Cited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932

served. For more information, you may consult section 61.401-61.405, Florida Statutes. Listed below are
Copy

Boyt v. Romanow, 664 So. 2d 995 (Fla. 2d DCA 1995).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 1995 WL 594348

child's guardian ad litem under the authority of section 61.401, Florida Statutes (1993). The mother challenges
Copy

In Re Implementation of Comm. on Privacy & Court Records Recommendations—Amendments to the Florida Rules of Civil Procedure, 78 So. 3d 1045 (Fla. 2011).

Cited 4 times | Published | Supreme Court of Florida | 2011 Fla. LEXIS 3030, 2011 WL 5829543

served. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below
Copy

In re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 20 So. 3d 173 (Fla. 2009).

Cited 3 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 298, 2009 Fla. LEXIS 785, 2009 WL 775400

served. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below
Copy

Amendments to Approved Fam. Law Forms, 20 So. 3d 173 (Fla. 2009).

Cited 3 times | Published | Supreme Court of Florida

served. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below
Copy

TMRMC v. Petersen, 920 So. 2d 75 (Fla. 1st DCA 2006).

Cited 3 times | Published | Florida 1st District Court of Appeal

appointment to be in the best interests of the child. § 61.401, Fla. Stat. (2004). In quiet title actions, section
Copy

Nathanson v. Nathanson, 693 So. 2d 1061 (Fla. 4th DCA 1997).

Cited 2 times | Published | Florida 4th District Court of Appeal | 1997 WL 249123

a dissolution action. Compare § 61.401, Fla. Stat. (1993), with § 61.401, Fla. Stat. (1995).
Copy

Millen v. Millen, 122 So. 3d 496 (Fla. 3d DCA 2013).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2013 WL 5433533, 2013 Fla. App. LEXIS 15481

role in cases that involve minor children. Section 61.401, Florida Statutes (2010), makes it abun*498dantly
Copy

In re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 173 So. 3d 19 (Fla. 2015).

Cited 1 times | Published | Supreme Court of Florida

served. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below
Copy

In re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 59 So. 3d 792 (Fla. 2010).

Cited 1 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 734, 2010 Fla. LEXIS 2116, 2010 WL 5129227

served. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below
Copy

Franklin & Criscuolo v. Etter, 924 So. 2d 947 (Fla. 3d DCA 2006).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 4954, 2006 WL 861000

recommendations relative to the contested parenting issues. § 61.401, Fla. Stat. (2001). The wife did not object to
Copy

O'Connor v. State, Dep't of Health & Rehabilitative Servs., 680 So. 2d 1137 (Fla. 1st DCA 1996).

Published | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 10923, 1996 WL 592590

parental responsibility, custody, or visitation,” see § 61.401, Fla. Stat. (Supp.1994), and thus do not affect
Copy

Pedro Velasquez v. Lesly Mendieta (Fla. Dist. Ct. App. 2021).

Published | District Court of Appeal of Florida

it is in the best interest of the child. See § 61.401, Fla. Stat. (2021). As such, this argument also
Copy

BAG v. Dep't of Child. & Families, 860 So. 2d 498 (Fla. 1st DCA 2003).

Published | Florida 1st District Court of Appeal | 2003 WL 22798366

contemplation of a further evidentiary hearing). See also § 61.401, Fla. Stat. (2002)(providing that court may appoint
Copy

Lopez v. Perez, 221 So. 3d 1204 (Fla. 3d DCA 2016).

Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 16199, 2016 WL 6476298

guardian ad litem to act as next friend of the child. § 61.401, Fla. Stat. (2016). The court also has the discretion
Copy

In Re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 205 So. 3d 1 (Fla. 2015).

Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 647, 2015 Fla. LEXIS 2607

served. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below
Copy

Turnier v. Stockman, 139 So. 3d 397 (Fla. 3d DCA 2014).

Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 7708, 2014 WL 2116363

CONCLUSION The Florida Legislature may wish to amend section 61.401, Florida Statutes (2013), to require the appointment
Copy

Yves Moquin v. Sylvie Bergeron (Fla. Dist. Ct. App. 2022).

Published | District Court of Appeal of Florida

state or if the law is unjust or unreasonable.” § 61.0401(4), Fla. Stat. (2019). However, “[a] contract
Copy

Viclena Margarita Gonzalez Carrasco v. Martin Jose Perez Jimenez (Fla. 4th DCA 2025).

Published | Florida 4th District Court of Appeal

ensure that it complies with the rule of comity.” § 61.0401(3), Fla. Stat. (2022). “A judgment or order of
Copy

Viclena Margarita Gonzalez Carrasco v. Martin Jose Perez Jimenez (Fla. 4th DCA 2025).

Published | Florida 4th District Court of Appeal

ensure that it complies with the rule of comity.” § 61.0401(3), Fla. Stat. (2022). “A judgment or order of
Copy

In Re: Amendments to the Florida Supreme Court Approved Fam. Law Forms, 173 So. 3d 19 (Fla. 2015).

Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088

served. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below
Copy

In Re: Amendments to Florida Fam. Law Rules of Procedure, 214 So. 3d 400 (Fla. 2017).

Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598

the concern that this language is contrary to section 61.401, Florida Statutes (2016), and case law, noting
Copy

In re Amendments to the Florida Fam. Law Rules of Procedure, 717 So. 2d 914 (Fla. 1998).

Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343

served. For more information, you may consult section 61.401-61.405, Florida Statutes. Listed below are
Copy

Whitacre v. Ragan (Fla. Dist. Ct. App. 2024).

Published | District Court of Appeal of Florida

failing to appoint a guardian ad litem under section 61.401, Florida Statutes (2019) ("In such actions
Copy

Owens v. Owens, 685 So. 2d 1038 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 127

the children’s guardian ad litem pursuant to section 61.401, Florida Statutes (Supp.1994). A copy of the
Copy

In Re Amend. to the Fla. Fam. Law Forms, 59 So. 3d 792 (Fla. 2010).

Published | Supreme Court of Florida

served. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.