Temporary emergency jurisdiction.§ 61.517
9 opinions cite § 61.517
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Mcabee v. Mcabee 259 So. 3d 134 · 4D17-3450 · 4th DCA 2018
· cited by 4 in all courts
…court’s failure to communicate with the Virginia court before making a custody determination requires that we remand for further proceedings. 1 Section 61.517, Fla. Stat. (2017). Background A full recitation of the facts is necessary to demonstrate the purpose of the UCCJEA and…
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In re D.N.H.W. 955 So. 2d 1236 · 2D06-5214 · 2nd DCA 2007
· cited by 17 in all courts
Custody orders reversed as void because Florida was not the child's home state under the UCCJEA; Alabama had initial jurisdiction.
…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…
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K.I. v. Department of Children & Families 70 So. 3d 749 · 4D11-298 · 4th DCA 2011
· cited by 8 in all courts
Virginia's emergency jurisdiction and the inconvenient-forum transfer were upheld under the UCCJEA, but remand required because the mother got no notice of the Virginia hearing.
…Both Florida and Virginia have adopted versions of the UCCJEA and both versions include a temporary emergency jurisdiction provision. See § 61.517, Fla. Stat. (2010); Va.Code Ann. § 20-146.15 (2010). We affirm on all but one issue. Proceedings regarding the dependency of the child began in 2001 in…
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K.D. v. In re: in the Interest of P.P., R.P., and L.P. 3D21-2420 · 3rd DCA 2022
Dismissal of the aunt's dependency petition reversed because Florida had both temporary emergency and home state jurisdiction over the abused out-of-state children under the UCCJEA.
… 6 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. Regarding the latter exception, section 61.517(2), Florida Statutes, further provides: If there is no previous child custody…
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N.B. v. Dep't of Children of Families 274 So. 3d 1163 · 3D18-2525 · 3rd DCA 2019
Termination affirmed; Florida, the home state, properly exercised UCCJEA jurisdiction after California's emergency proceeding was transferred to Florida.
…abandoned 6 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. Stat. (2018) ; see Cal. Fam. Code § 3424 (a) (2018); see also In re A.M. , 224 Cal.App.4th 593 , 168 Cal. Rptr. 3d 494 , 498 (2014) ; …
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Haugabook v. Jeffcoat-Hultberg 219 So. 3d 65 · 4D16-2951 · 4th DCA 2016
· cited by 4 in all courts
…his custodial parent. Further, in her answer brief, the respondent states that she “filed a Private Dependency Petition in Georgia based on Florida statutes § 61.517(1) and Georgia Code § 19-9-64.” Those two statutory provisions provide “temporary emergency jurisdiction” to the courts in each state, and are only applicable if…
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Baker v. Tunney 201 So. 3d 1235 · 5D15-4139 · 5th DCA 2016
· cited by 5 in all courts
…Father filed a custody petition in Florida, the child’s home state, which precluded New York from exercising permanent jurisdiction in this case. See § 61.517, Fla. Stat. (2015); N.Y. Dom. Rel. Law 76-c (McKinney 2015). Absent Florida expressly relinquishing its jurisdiction to New York, both the dismissal under…
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Edgar v. Firuta 100 So. 3d 255 · 3D11-1182 · 3rd DCA 2012
· cited by 3 in all courts
…prohibiting relocation of the children without court approval) when the Mother presented her emergency motion in 2011. North Carolina’s counterpart to section 61.517, Florida Statutes (2011), “Temporary emergency jurisdiction,” conforms to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in all pertinent…
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K.H. v. Department of Children & Family Services 846 So. 2d 544 · 3D01-2113 · 3rd DCA 2003
· cited by 2 in all courts
Termination reversed for lack of clear and convincing evidence after a two-year delay and confusion over the case plan; jurisdiction and venue claims were rejected.
…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. Stat. No proceedings concerning these children were brought in Virginia. Therefore the Circuit Court appears to have had jurisdiction over this…
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(1) A court of this state has temporary emergency jurisdiction if the child is present in this state and:
(a) The child has been abandoned;
(b) 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; or
(c) It is necessary in an emergency to protect the child because the child has been subjected to or is threatened with being subjected to sex-reassignment prescriptions or procedures, as defined in s. 456.001.
(2) If there is no previous child custody determination that is entitled to be enforced under this part, and a child custody proceeding has not been commenced in a court of a state having jurisdiction under ss. 61.514-61.516, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under ss. 61.514-61.516. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under ss. 61.514-61.516, a child custody determination made under this section becomes a final determination if it so provides and this state becomes the home state of the child.
(3) If there is a previous child custody determination that is entitled to be enforced under this part, or a child custody proceeding has been commenced in a court of a state having jurisdiction under ss. 61.514-61.516, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under ss. 61.514-61.516. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(4) A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under ss. 61.514-61.516, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction under ss. 61.514-61.516, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another 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.
History. s. 5, ch. 2002-65; s. 7, ch. 2003-1; s. 1, ch. 2023-90.