RHOADES
v.
BOHN
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In this habeas corpus proceeding, the circuit court reconsidered its prior denial of a writ of habeas corpus in light of appellate opinions regarding enforcement of a Wisconsin custody decree. The court determined that while it had discretion under comity principles to aid in enforcement of the Wisconsin decree, the evidence did not warrant exercising that discretion, and thus denied the habeas corpus application and remanded the minor child to her father's custody.
The court held that although it had discretionary authority under comity to aid in enforcing the Wisconsin decree, the evidence failed to demonstrate any facts warranting the exercise of such discretion. The court denied the habeas corpus application, discharged the writ, and remanded the child to her father's custody. The court also determined that opening a full-scale inquiry into the child's welfare would be unwise without a petition or pleading alleging facts showing such necessity.
“although this court is not required to aid in the enforcement of the Wisconsin custody decree under the full faith and credit clause of the federal constitution, this court is authorized, in its discretion, to consider granting the relief sought by plaintiff under the rules of comity”
Establishes the court's discretionary authority under comity to enforce out-of-state custody decrees without a federal constitutional mandate.
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Join FLexlaw to unlock all legal intelligencePatricia K. Bohn, a minor child who was 13 years old as of August 12, 1960, was the subject of a custody dispute between her parents. A Wisconsin cust…
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It appearing to this court that its prior order denying application for writ of habeas corpus dated November 6, 1958, and recorded in minute book 127, at page 380, should be reconsidered in the light of the views expressed in the opinion of the District Court of Appeal, First District, in Rhoades v. Bohn, 114 So. 2d 493, as approved by the Supreme Court of Florida by its opinion filed June 17, 1960, discharging its writ of certiorari, Bohn v. Rhoades, 121 So. 2d 777; and it further appearing that, although this court is not required to aid in the enforcement of the Wisconsin custody decree under the full faith and c redit clause of the federal constitution, this court is authorized, in its discretion, to consider granting the relief sought by plaintiff under the rules of comity; now therefore, upon reconsideration of said order in the light of the above-cited opinions and the record and proceedings herein, this court is of the opinion that the evidence before this court fails to disclose any fact or circumstance which warrants the exercise of its discretion in lending aid to the enforcement of the Wisconsin decree on the theory of comity.
Neither this order nor the prior order of this court can be said to foreclose a conscientious, thorough and enlightened investigation into the welfare of the minor child of the parties (who was 13 years of age on August 12, 1960) by an appropriate proceeding. But because there are no facts alleged or shown anywhere in the record which indicate that such is necessary or desirable, this court is not persuaded that it should now initiate such an inquiry. In fact, it would be unwise and detrimental to the welfare and best interest of such minor to open up such an inquiry *166unless and until some petition or pleading has been filed alleging facts showing such necessity and defining the disputed issues to be settled. While this proceeding in habeas corpus, aimed at the enforcement of the Wisconsin decree, may be used under some circumstances to support a full-scale inquiry into the welfare of a minor child, there is nothing to commend its use here.
■ Accordingly, it is ordered and adjudged that the application for a writ of habeas corpus herein be, and the same is hereby, denied, and the writ of habeas corpus served upon defendant be, and the same is hereby, discharged, and Patricia K. Bohn is hereby remanded to the custody of her father David E. Bohn, defendant herein, who shall be entitled to recover his costs herein from the plaintiff and herein and hereby taxed in the amount of $____________ [costs not taxed as of 10-28-60], for which let execution issue.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rhoades v. Bohn, 114 So. 2d 493 (Fla. 1st DCA 1959)
- Bohn v. Rhoades, 121 So. 2d 777 (Fla. 1960)