The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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F.S. 61.521

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.

F.S. 61.521 on Google Scholar

F.S. 61.521 on Casetext

Amendments to 61.521

Arrestable Offenses / Crimes under Fla. Stat. 61.521

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.521.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BAKER, v. TUNNEY,, 201 So. 3d 1235 (Fla. Dist. Ct. App. 2016)

. . . exercise jurisdiction on the grounds that this state is the more appropriate forum under s. 61.520, or s. 61.521 . . .

M. A. C. v. M. D. H., 88 So. 3d 1050 (Fla. Dist. Ct. App. 2012)

. . . the more appropriate forum under s. 61.520 [the “inconvenient forum” section of the UC-CJEA] or s. 61.521 . . . this state is the more appropriate forum to determine the custody of the child under s. 61.520 or s. 61.521 . . .

SARPEL f k a v. EFLANLI,, 65 So. 3d 1080 (Fla. Dist. Ct. App. 2011)

. . . exercise jurisdiction on the grounds that this state is the more appropriate forum under s. 61.520 or s. 61.521 . . . this state is the more appropriate forum to determine the custody of the child under s. 61.520 or s. 61.521 . . . See § 61.521(1), Fla. Stat. . . .

MEDLIN, v. D. MEDLIN,, 18 So. 3d 734 (Fla. Dist. Ct. App. 2009)

. . . circuit court to consider assessment of fees and costs to the wife under the provisions of section 61.521 . . .

KARAM, v. KARAM,, 6 So. 3d 87 (Fla. Dist. Ct. App. 2009)

McGHEE, v. BIGGS a k a, 974 So. 2d 524 (Fla. Dist. Ct. App. 2008)

. . . exercise jurisdiction on the grounds that this state is the more appropriate forum under s. 61.520 or s. 61.521 . . .

ARJONA a k a v. TORRES a k a, 941 So. 2d 451 (Fla. Dist. Ct. App. 2006)

. . . propriate forum under s. 61.520 or s. 61.521, and: 1. . . . this state is the more appropriate forum to determine the custody of the child under s. 61.520 or s. 61.521 . . .

M. BENSON, v. EVANS,, 901 So. 2d 893 (Fla. Dist. Ct. App. 2005)

. . . exercise jurisdiction on the grounds that this state is the more appropriate forum under s. 61.520 or s. 61.521 . . . See § 61.521(1). Petition for writ of prohibition granted. WARNER, GROSS and HAZOURI, JJ., concur. . . .