Florida Statute 61.521 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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61.521 Jurisdiction declined by reason of conduct.—

(1) Except as otherwise provided in s. 61.517 or by other law of this state, if a court of this state has jurisdiction under this part because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:

(a) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

(b) A court of the state otherwise having jurisdiction under ss. 61.514-61.516 determines that this state is a more appropriate forum under s. 61.520; or

(2) If a court of this state declines to exercise its jurisdiction under subsection (1), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under ss. 61.514-61.516.

(3) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction under subsection (1), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and expenses for child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this part.

History.—s. 5, ch. 2002-65.

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Amendments to 61.521

Annotations, Discussions, Cases:

Cases Citing Statute 61.521

Total Results: 4

Sarpel v. Eflanli

65 So. 3d 1080, 2011 Fla. App. LEXIS 8086, 2011 WL 2135575

District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 60301619

Cited 3 times | Published

the party seeking to invoke jurisdiction. See § 61.521(1), Fla. Stat. Home State Analysis We begin

Benson v. Evans

901 So. 2d 893, 2005 WL 879616

District Court of Appeal of Florida | Filed: Apr 18, 2005 | Docket: 1228417

Cited 3 times | Published

basis for a court declining jurisdiction. See § 61.521(1). Petition for writ of prohibition granted.

Medlin v. Medlin

18 So. 3d 734, 2009 Fla. App. LEXIS 15547, 2009 WL 3278676

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 2582912

Cited 1 times | Published

and costs to the wife under the provisions of section 61.521(3), Florida Statutes. We decline to address

NAVIN CHATANI v. HEATHER BLAZE

District Court of Appeal of Florida | Filed: Aug 17, 2022 | Docket: 64898820

Published

vest jurisdiction in a court”). Section 61.521(1), Florida Statutes, provides “if a court

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