JOYCE ANN ROSSO, PETITIONER,
v.
CROCKETT FARNELL, AS CIRCUIT JUDGE OF THE SIXTH JUDICIAL CIRCUIT, RESPONDENT
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Florida appellate court granted a writ of prohibition to prevent the trial court from exercising jurisdiction over child custody matters pending determination of proper forum under the Uniform Child Custody Jurisdiction Act.
A trial court must stay custody proceedings and communicate with another state's court to determine the proper forum under the Uniform Child Custody Jurisdiction Act before exercising jurisdiction over custody matters.
[1] A trial court must stay child custody proceedings and communicate with another state's court to determine the appropriate forum under the Uniform Child Custody Jurisdicti…
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Join FLexlaw to unlock all legal intelligence“Because the jurisdiction requirements of section 61.1314 are mandatory, we grant the petition, quash those portions of the trial court's order of March 22, 1991, pertaining to child custody, and remand with directions to stay the child custody aspects of the dissolution matter until the trial court determines, after communication with the New York court and consideration of the requirements of the Uniform Child Custody Jurisdiction Act, sections 61.1302 through 61.1348, Florida Statutes (1989), which forum is the most appropriate to resolve the custody dispute.”
Court's disposition explaining the mandatory nature of UCCJA requirements and the remedy granted.
Mrs. Rosso's husband filed for dissolution of marriage in Pinellas County while Mrs. Rosso had a pending child custody proceeding in New York. The tri…
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PER CURIAM.
Joyce Anne Rosso seeks a writ of prohibition to prevent the trial court from further exercising jurisdiction over the child custody aspects of her husband’s petition for dissolution of marriage. We have jurisdiction. See Hamill v. Bower, 487 So. 2d 345 (Fla. 1st DCA 1986).
At the outset of the husband’s dissolution action filed in Pinellas County, the trial court was informed that Mrs. Rosso had a child custody proceeding pending in New York. The trial court requested the New York court to provide it with a copy of all pleadings and transcripts filed in that proceeding. The trial court failed, as required by sections 61.1314(1) and (3), Florida Statutes (1989), to stay the custody action here until it received information from New York on the status of the proceeding there and until it could be determined which court was the appropriate forum to resolve the issue of child custody.
Because the jurisdiction requirements of section 61.1314 are mandatory, we grant the petition, quash those portions of the trial court’s order of March 22, 1991, pertaining to child custody, and remand with directions to stay the child custody aspects of the dissolution matter until the trial court determines, after communication with the New York court and consideration of the requirements of the Uniform Child Custody Jurisdiction Act, sections 61.1302 through 61.1348, Florida Statutes (1989), which forum is the most appropriate to resolve the custody dispute.
Petition for writ of prohibition granted.
DANAHY, A.C.J., and FRANK and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Karen Chaddick f/n/a Karen Monopoli v. Monopoli, 677 So. 2d 347 (Fla. 5th DCA 1996)…ion of the court below does not conclude that the Florida trial court should not have held a hearing in order to determine if the New York Family Court was exercising jurisdiction substantially in conformity with the act. See also Rosso v. Farnell, 581 So. 2d 989 (Fla. 2d DCA 1991) (Florida trial court should make a determination based on copies of pleadings filed in other court, transcripts, etc., to determine which was the more appropriate forum.); Newcomb v. Newcomb, 507 So. 2d 1145 (Fla. 3d DCA 1987) (Fl…
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Maja Stock v. Stock, 677 So. 2d 1341 (Fla. 4th DCA 1996)…re will be no jurisdictional conflicts.” See Burch v. Burch, 424 So. 2d 187, 189 (Fla. 4th DCA 1983). This duty to communicate applies whenever the court learns that custody proceedings are also pending in another jurisdiction. See Rosso v. Farnell, 581 So. 2d 989 (Fla. 2d DCA 1991). Subsection 61.1314(3) provides: If the court is informed during the course of the proceeding that a proceeding concerning the custody of the child was pending in another state before the court assumed jurisdiction, it shall stay…
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Medlin v. Medlin, 18 So. 3d 734 (Fla. 1st DCA 2009)…dlin seeks a writ of prohibition to prevent the trial court from further exercising jurisdiction over the petition for dissolution of marriage filed by her husband in the Circuit Court for Columbia County. We have jurisdiction. See Rosso v. Farnell, 581 So. 2d 989 (Fla. 2d DCA 1991); Hamill v. Bower, 487 So. 2d 345 (Fla. 1st DCA 1986). After the filing of the husband’s dissolution action, the trial court was informed that Mrs. Medlin had earlier sought dissolution of marriage and resolution of child custody…
Authorities Cited
- Hamill v. Bower, 487 So. 2d 345 (Fla. 1st DCA 1986)