Florida/Georgia Personal Injury & Workers Compensation

...Mr. Arjona argues that although Florida is the "home state" of their children, because he filed his renewed petition for dissolution of marriage on November 4, 2005 in Mexico 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....

...If the court of the state having jurisdiction substantially in accordance with this part does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding. Thus, Mr. Arjona argues that pursuant to section 61.519 because his dissolution proceeding was commenced in Mexico before the Florida proceeding was commenced, Florida was required to communicate with the Mexican court to determine which court should hear the case....

...as not declined to exercise jurisdiction over the custody issues of the children, the proceedings in Mexico were not commenced substantially in conformity with the jurisdictional requirements of section 61.514. Thus, the communication requirement of section 61.519 has no application in the instant case....

...It does not deal with priority of dissolution actions." Arjona v. Torres, 941 So.2d 451, 454 (Fla. 3d DCA 2006) (emphasis omitted). Under the UCCJEA, jurisdictional priority lies in the child's home state. See Arjona, 941 So.2d at 455. Although it appears that Florida is the children's "home state," section 61.519, prohibits Florida from exercising its jurisdiction under section 61.514 if a proceeding concerning the custody of a child has already commenced in another state having jurisdiction in substantial conformity with section 61.514. Section 61.519, titled "Simultaneous proceedings," provides in relevant part: (1) [A] court of this state may not exercise its jurisdiction under ss....

...She asserts that because there is a pending appeal in a Missouri court which had original jurisdiction over this matter, the Florida court erred.in concluding it had jurisdiction. By previous order of this Court we treat this appeal as a petition for writ of prohibition. We find that, pursuant to section 61.519(1), Florida Statutes (2011), the trial court currently lacks jurisdiction, and we grant the petition....

...London, 32 So.3d 107, 109 (Fla. 2d DCA 2009). In this case, assuming the Missouri decree is valid, the Florida circuit court clearly has jurisdiction to modify Missouri’s determination. However, the issue is whether the circuit court should have exercised that jurisdiction. Section 61.519(1), Florida Statutes (2011), provides: Except as otherwise provided in s....

...trial court is precluded from exercising jurisdiction, where an appeal from another state is still pending. See, e.g., Custody of a Minor, 392 Mass. 728 , 468 N.E.2d 251 (1984); In re Custody of Rector, 39 Colo.App. Ill, 565 P.2d 950 (1977). . While section 61.519(2) provides a means by which a Florida trial court may seek approval from a foreign court to exercise jurisdiction, see London, 32 So.3d at 110 , given the current status of the Missouri proceeding, subsection (2) is inapplicable.

...cause of the 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. In our judgment, although simultaneous proceedings were being conducted in both Tennessee and Florida, the Tennessee court failed to heed the portion of the UCCJEA governing the conduct of such proceedings. 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....

...§ 36-6-221(a). Because the Tennessee court exercised its jurisdiction in a modification of custody proceeding brought pursuant to section 61.516, Florida Statutes (section 36-6-216, Tennessee Code Annotated), it apparently overlooked the provisions of section 61.519(1), and section 36-6-221(a) of the Tennessee Code, explicitly precluding it from assuming such authority in that a separate proceeding had previously been commenced in Florida relating to custody of the child, and that proceeding had not yet terminated. Section 61.519(3) provides three alternatives to the court considering a petition to modify a child custody if an enforcement proceeding was commenced in another state: (1) to stay the proceeding before it; (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....

...rcement 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....

...Johnson, III (Col.Johnson), appeals the trial court’s order dismissing his petition for dissolution of marriage after a telephonic hearing in consultation with two courts of a foreign jurisdiction — a New York family court and a New York supreme court — as authorized by section 61.519, Florida Statutes (2010)....

...nd that the New York family court had jurisdiction over the son by virtue of her November 10, 2010, petition. This record does not indicate that Col. Johnson was served with a summons in either New York action. 5 Pursuant to section 61.511(2), 6 and section 61.519, 7 Col....

...Based upon legal argument regarding jurisdiction over the child, but no presentation of evidence, the trial court dismissed Col. Johnson’s Florida petition for dissolution. Col. Johnson’s counsel objected, stating that the hearing was only pursuant to section 61.519 to determine the child’s home state and substantial compliance with the UCCJEA and was not a hearing on Mrs....

...Johnson’s due process rights under section 61.511(2) was harmless. 9 B. The Dismissal of the Petition for Dissolution of Marriage Col. Johnson petitioned for dissolution and requested a parenting plan. Because of the simultaneous proceedings in New York, he also initiated the telephonic hearing under section 61.519 to determine whether Florida or New York should have jurisdiction over his son....

...(5) For purposes of this section, the term "record” means a form of information, including, but not limited to, an electronic recording or transcription by a court reporter which creates a verbatim memoriali-zation of any communication between two or more individuals or entities. .Section 61.519(2) provides: Simultaneous proceedings.— (2) Except as otherwise provided in s.61.517 [temporary emergency jurisdiction], 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.61.522....

...ervice is unnecessary under the Washington rules of procedure because the husband joined in the petition. This is a legal question which can best be resolved through communication between the Florida court and the Washington court in accordance with section 61.519(2), Florida Statutes....

...ermination under section 61.514. See § 61.515(2), Fla. Stat. Florida *744 cannot exercise jurisdiction under any of the provisions of section 61.514. Therefore, it must honor the order of the South Carolina court, the court having jurisdiction. See § 61.519(1), Fla....

...jurisdiction over the minor children listed below under the [UCCJEA]. . . specifically, section 61.514, Florida Statutes.”1 The father filed a response and opposition to the mother’s petition to domesticate the NY Order, citing sections 61.514 and 61.519, Florida Statutes (2013), and arguing that the trial court did not have jurisdiction because, among other reasons, the child had not lived in Florida for the six months prior to the filing of the mother’s petition, and also because a court in Arizona had begun proceedings over the issue....

...not for an initial child custody determination. Instead, the petition and 4 notice sought to have Florida recognize the previous custody determination made in the NY Order.3 Simultaneous Proceedings in Arizona Section 61.519, Florida Statutes (2013), which governs the trial court’s jurisdiction in simultaneous proceedings, states: Except as otherwise provided in s....

...court of another state having jurisdiction 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. § 61.519, Fla....

...ntial conformity with the UCCJEA,” it appears that the trial court concluded it did not have subject-matter jurisdiction based, at least in part, upon the simultaneous proceedings statute. In doing so, the trial court misapplied the statute. Since section 61.519 expressly states that the court may not exercise jurisdiction under sections 61.514-61.524, the simultaneous proceedings statute did not bar the trial court’s jurisdiction to entertain the mother’s petition to domesticate under sec...

...1976). Finally, the record reflects that, once paternity testing was complete, the New Jersey tribunal determined the child had resided in Florida for eleven months preceding the filing of the petition. Consequently, it deferred to the Florida court and declined to exercise further jurisdiction. See § 61.519(1) Fla....

...nent residences from Saint Martin to Florida. Thus, we conclude that the Florida trial court possesses jurisdiction over the matter pursuant to section 61.516. However, our analysis does not end here. Section 61.516 must be read in pari materia with section 61.519, which applies due to the simultaneous proceedings in French Saint Martin....

.... . . "[w]here possible, courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another."'") (quoting Woodham v. Blue Cross & Blue Shield of Fla., Inc., 829 So.2d 891, 898 (Fla.2002)). 61.519....

...ding, to enjoin the parties from continuing the enforcement in the 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....

...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....

...Again, the Florida trial court must communicate to provide the French court the opportunity to determine if Florida is the more convenient forum. Consequently, we reverse the dismissal of Mr. London's petition and remand for the trial court to comply with section 61.519's communication requirements....

...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.

...had no relation to the relief granted to the mother, and she should rest assured that the statement is a legal nullity. This is so because there is no indication in the record that the Florida circuit court comported with the requirements of section 61.519, Florida Statutes, for conducting “simultaneous proceedings” on child-custody determinations—which includes resolution of timesharing issues....

...in a proceeding to modify a child-custody order “if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child had been commenced in a court of another state having jurisdiction substantially in conformity with this part.” § 61.519(1), Fla....

...communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this part does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding. § 61.519(2), Fla....

...equired to stay the proceeding and communicate with the court in the other state to the end that the issue may be litigated in the more appropriate forum and that information be exchanged in accordance with the UCCJA. See Crippen, 610 So.2d at 687 ; § 61.519, Fla....

...elinquishing jurisdiction in favor of North Carolina. She claims the trial court should have set out a more specific factual basis for its order and that the presence of a court reporter was required when the judge spoke to the North Carolina judge. Section 61.519(1), Florida Statutes, provides that a Florida court should not exercise jurisdiction at the time of the commencement of a child custody proceeding if such proceeding has been commenced in a court of another state having jurisdiction over the matter, unless the proceeding is stayed by the court of the other state....

...custody.” The judgment also recommended shared parental responsibility and retained jurisdiction over child support. The Finnish judgment is currently on appeal according to the representations of the parties. One of the provisions of the UCCJEA, section 61.519(1), provides: Except as otherwise provided in s....

...risdiction under the UCCJEA. Nonetheless, the mother contends that Florida, thereafter, improperly exercised jurisdiction, as in the absence of a formal termination of the California proceedings, the California case remained concurrently active. See § 61.519(1), Fla....

...risdiction under the UCCJEA. Nonetheless, the mother contends that Florida, thereafter, improperly exercised jurisdiction, as in the absence of a formal termination of the California proceedings, the California case remained concurrently active. See § 61.519(1), Fla....

...From August 2015 through the present, the . . . child continues to reside in Palm Beach County. 2  The grandmother also filed a motion for judicial communication with the Oregon court pursuant to section 61.519, Florida Statutes (2015)....

...§ 419B.876 (2016).] The Oregon court denied the maternal grandmother’s motion. In March 2016, when the child was fifteen months old, the maternal grandmother filed with the Florida court a motion for judicial communication with the Oregon court pursuant to section 61.519, Florida Statutes (2015)....

...remand for the lower court to conduct an evidentiary hearing to determine the child’s home state. C. Contacting the South Carolina Court Under the UCCJEA Mother argues that the trial court erred by failing to contact the South Carolina court pursuant to section 61.519(2) of the UCCJEA. Section 61.514(1)(a) provides that Florida has jurisdiction if it was “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 months before...

...commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state.” 8  This case potentially involves simultaneous custody proceedings, which section 61.519 governs.3 Section 61.519(2) provides: “If the court determines that a child custody proceeding was previously commenced in a court in another state having jurisdiction substantially in accordance with [the UCCJEA], the court of this state shall stay its p...

...e UCCJEA. While the order declared South Carolina was not the child’s home state at the time that Father filed his petition, it also stated that it “makes no determination as to the appropriate current home state.” (emphasis added). 3 Section 61.519(1) prohibits Florida from exercising jurisdiction where proceedings have been commenced in another state having jurisdiction substantially in conformity with the UCCJEA, unless the other court terminated proceedings, or stayed the proceedings because it found Florida a more convenient forum....

...1st DCA 2024). 9  In light of the vacatur order, we remand for the trial court to determine whether South Carolina had jurisdiction in substantial accordance with the UCCJEA to require communication pursuant to section 61.519(2). III....

...The recent vacatur order presents new jurisdictional facts for the lower court to consider in the first instance. Accordingly, we reverse and remand to the lower court to conduct an evidentiary hearing to determine the child’s home state and determine whether section 61.519 requires communication with the South Carolina court. Reversed and remanded for proceedings consistent herewith. 10 

...quirements necessary to confer jurisdiction to determine custody in the Tribal Court. But the analysis of whether the Tribal Court has jurisdiction does not end there. Under the UCCJEA the Miccosukee Tribe is treated as a state in the United States. Section 61.519, Florida Statutes (2012), covers situations where there are simultaneous custody proceedings in this state and in another state....

...diction under ss. 61.514-61.524 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child had been commenced in a court of another state having jurisdiction substantially in conformity with this part.” § 61.519(1), Fla....