Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Jurisdiction declined by reason of conduct.§ 61.521

Chapter 61 · Part II · Uniform Child Custody Jurisdiction and Enforcement Act · 2026 Florida Statutes

1 opinion cite § 61.521

  1. Baker v. Tunney 201 So. 3d 1235 · 5D15-4139 · 5th DCA 2016

    This opinion cites § 61.521 1 time, the section generally

    · cited by 5 in all courts

    …the child has declined to exercise jurisdiction on the grounds that this state is the more appropriate forum under s. 61.520 or s. 61.521, and: 1. The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have…

0 admin code rules cite § 61.521

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.

No admin code rule cites § 61.521.

0 CFOPs cite § 61.521

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

No CFOP cites § 61.521.

Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.

(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

(c) No court of any other state would have jurisdiction under the criteria specified in ss. 61.514-61.516.

(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.