CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3019578
...e minor children and an adjudication of the parties' financial matters. On February 2, 2006, Mr. Arjona filed a "Verified Emergency Motion for Temporary Custody by Special Appearance," seeking the circuit court's "intervention pursuant to Fla. Stat. 61.517." In this motion, he asserted that the children, who have resided with his wife in Miami-Dade County since 2002, were being mistreated and abused....
...as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding." Section
61.514, Florida Statutes (2005), provides as follows: Initial child custody jurisdiction. (1) Except as otherwise provided in s.
61.517, a court of this state has jurisdiction to make an initial child custody determination only if: (a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 mon...
...ico before his wife filed for dissolution in Florida on December 13, 2005, that section
61.519 applies. Section
61.519, Florida Statutes (2005), provides, in pertinent part, as follows: Simultaneous proceedings. (1) Except as otherwise provided in s.
61.517, a court of this state may not exercise its jurisdiction under ss....
...sdiction substantially in conformity with this part, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under s.
61.520. (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....
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 2006 WL 359673
...While the UCCJEA generally gives the state that made the initial custody determination exclusive, continuing jurisdiction over those decisions, in emergency situations, the UCCJEA permits other states to obtain temporary emergency jurisdiction to protect a child. § 61.517, Fla....
...Finally, the former wife argues that the trial court erred in failing to contact the North Dakota trial judge upon learning of North Dakota's protective order. We agree that the trial judge should have communicated with the judge in North Dakota under the terms of section 61.517, Florida Statutes (2005)....
...As previously discussed, the UCCJEA provides the courts of each signatory state with temporary emergency jurisdiction over child custody when it is "necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse." §
61.517(1), Fla. Stat. (2005); N.D. Cent.Code § 14-14.1-15. Section
61.517(4) further provides, in pertinent part: A court of this state which is exercising jurisdiction under §§
61.514-61.516, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has be...
...other state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. § 61.517(4), Fla....
...(2005). Here, the Florida trial court had exclusive, continuing jurisdiction over issues of custody under section
61.515, as it issued the initial custody determination and had not otherwise relinquished jurisdiction. Therefore, in accordance with section
61.517(4), once the trial judge learned of North Dakota's domestic violence protective order, he should have contacted the issuing North Dakota judge to resolve any jurisdictional conflicts....
...to act. The judge in North Dakota was." While it is true that the North Dakota judge erred in failing to communicate with the Florida judge before issuing the protective order, this does not negate the requirement imposed on the Florida judge under section 61.517(4) to make contact with his North Dakota counterpart....
...We affirm the order of the trial court as to its determination of jurisdiction. We remand with instructions that the trial judge contact the judge in North Dakota to resolve any conflicts that exist between the North Dakota protective order and the Florida child custody order under section 61.517, Florida Statutes (2005)....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1373775
...Subject matter jurisdiction over child custody matters is governed by the UCCJEA. "The UCCJEA is . . . a jurisdictional act which controls custody disputes." Arjona,
941 So.2d at 454 (emphasis omitted). Section
61.514, titled "Initial child custody jurisdiction," provides in relevant part: (1) Except as otherwise provided in s.
61.517, a court of this state has jurisdiction to make an initial child custody determination only if: (a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 mon...
...warding visitation rights with the child to the husband was void because the trial court did not have subject matter jurisdiction). The mother argues that even if Florida did not have jurisdiction under section
61.514, Florida had jurisdiction under section
61.517, which provides for the exercise of temporary emergency jurisdiction. Section
61.517, titled "Temporary emergency jurisdiction," provides in relevant part: (1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emerg...
...determination if it so provides and this state becomes the home state of the child. We agree that the Florida circuit court had temporary jurisdiction to enter the December 2004 order effectively awarding temporary custody to the grandparents under section
61.517. However, that provision did not confer to the Florida circuit court jurisdiction to make an initial custody determination under section
61.514. Any temporary child custody determinations made in this case under section
61.517 remained in effect until the October 27, 2006, order of temporary custody was obtained from the circuit court in Alabama, the state having proper jurisdiction under section
61.514. See §
61.517(2)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 15738, 2011 WL 4578271
...isdiction has exclusive, continuing jurisdiction. Steckler v. Steckler,
921 So.2d 740, 743 (Fla. 5th DCA 2006). Both Florida and Virginia have adopted versions of the UCCJEA and both versions include a temporary emergency jurisdiction provision. See §
61.517, Fla....
...a temporary jurisdiction to protect the child given the emergency situation. Accordingly, the trial court in Virginia was authorized to modify Florida's custody determination for the best interest of the child given the emergency *753 situation. See § 61.517, Fla....
...After due notice to all appropriate parties, including the mother, the father, and the Virginia court, the trial court should then rule on whether retaining jurisdiction in Florida is proper based on its factual findings. Affirmed in part; Reversed in part and Remanded. CIKLIN and LEVINE, JJ., concur. NOTES [1] Section 61.517(4), Florida Statutes provides, in pertinent part: A court of this state which is exercising jurisdiction under ss....
...other state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. § 61.517(4), Fla....
...t in this Commonwealth and ... if it is necessary in an emergency to protect the child because the child ... is subjected to mistreatment or abuse.... § 20-146.15(A), Va.Code Ann. (2010). Florida's equivalent utilizes almost identical language. See § 61.517(1), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2006 WL 452824
...Section
61.519(1), relating to the course of action to be followed by a court in which a modification of custody petition has been filed, under circumstances in which a custody proceeding in another state is then in progress, provides: Except as otherwise provided in s.
61.517,[ [2] ] a court of this state may not exercise its jurisdiction under ss....
...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. Stat.; Tenn.Code Ann. § 36-6-236. [2] Section
61.517 is not pertinent to this appeal because it applies to a court's temporary emergency jurisdiction under circumstances different from those here involved....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 15697
permanent jurisdiction in this case. See §
61.517, Fla. Stat. (2015); N.Y. Dom. Rel. Law § 76-c
CopyCited 1 times | Florida 5th District Court of Appeal
...Allsot, The Villages, pro se.
No Appearance for Appellee.
March 6, 2026
JAY, C.J.
Appellants petitioned the court to domesticate and enforce an
out-of-state child custody order. The court denied relief, ruling that
it needed, but lacked, temporary emergency jurisdiction. See §
61.517(1)(a)–(b), Fla....
...bstantial
conformity with UCCJEA and the order has not been modified or
vacated.”).
Here, the court found that enforcing the home state order
required temporary emergency jurisdiction—an impossibility
since the child is not in Florida. See § 61.517(1), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 4069, 2003 WL 1524157
...(2002), provides that "a court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child ... is subjected to or threatened with mistreatment or abuse." § 61.517(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal
convenient forum for doing so. Section
61.517(4) provides, in pertinent part:
CopyPublished | District Court of Appeal of Florida
exception for temporary emergency jurisdiction. See §
61.517, Fla. Stat. 4 The New Jersey statute contains
CopyPublished | District Court of Appeal of Florida
or abuse.” §
61.517(1), Fla. Stat. Regarding the latter exception, section
61.517(2), Florida
CopyPublished | Florida 3rd District Court of Appeal
or threatened with[,] mistreatment or abuse." §
61.517(1), Fla. Stat. (2018) ; see Cal. Fam. Code § 3424(a)
CopyPublished | Florida 3rd District Court of Appeal
or threatened with[,] mistreatment or abuse." §
61.517(1), Fla. Stat. (2018) ; see Cal. Fam. Code § 3424(a)
CopyPublished | District Court of Appeal of Florida
Florida’s temporary emergency jurisdiction statute, section
61.517, Florida Statutes (2015). See K.I. v. Dep’t
CopyPublished | District Court of Appeal of Florida
Florida’s temporary emergency jurisdiction statute, section
61.517, Florida Statutes (2015). See K.I. v. Dep’t
CopyPublished | District Court of Appeal of Florida
exception applying. The first exception noted, section
61.517, Florida Statutes—concerning temporary emergency
CopyPublished | Florida 2nd District Court of Appeal
to or threatened with mistreatment or abuse." §
61.517(1). This section is inapposite; this is not a
CopyPublished | District Court of Appeal of Florida
threatened with mistreatment or abuse." §
61.517(1). This section is inapposite; this is not a
CopyPublished | District Court of Appeal of Florida
that we remand for further proceedings. 1 Section
61.517, Fla. Stat. (2017).
