KARLY I. ORSI, PETITIONER,
v.
ROBERTO R. BOLLELLA, RESPONDENT
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A Florida trial court has jurisdiction to determine whether it may exercise jurisdiction over a child custody matter under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), even without prior registration of a Massachusetts custody order. The mother's petition for writ of prohibition challenging the trial court's subject matter jurisdiction is denied.
The trial court has jurisdiction under sections 61.514, 61.515, and 61.516 of the UCCJEA to determine whether Florida has jurisdiction over the child custody matter. Registration of the Massachusetts order is not a prerequisite for the trial court to determine its own jurisdiction, particularly when the relief sought is not enforcement of the existing order but rather initial jurisdiction based on the child's home state.
[1] A Florida court has jurisdiction to determine if Florida has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) even if a prior out-of…
[2] Registration of an out-of-state child custody determination is not a prerequisite for a Florida court to exercise jurisdiction over a matter concerning child custody when…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the circuit court of the county where the petitioner or respondent resides or where a simultaneous request for enforcement is sought.”
The statutory provision governing registration of out-of-state custody orders that the mother relied upon to argue lack of jurisdiction
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe father and mother were involved in a Massachusetts action that resulted in a court order establishing child support, custody, and visitation. Both…
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KLEIN, J.
This ease arises out of a Massachusetts action which was resolved by a court order adopting a stipulation establishing child support, custody and visitation. It appears that the father and mother later moved to Florida in 2002, but the mother now wishes to move with the child to another state. The father filed this action in Florida to prevent the mother from removing the child from Florida, and the mother argues in this petition for writ of prohibition that the trial court does not have subject matter jurisdiction. We deny the petition.
The basis of the mother’s argument that the trial court lacks jurisdiction to enforce the Massachusetts court order is that the father has not registered the Massachusetts court order in Florida. The mother relies on a provision of the Uniform Child Custody Jurisdiction and Enforcement Act, section 61.528(1), Florida Statutes (2006), which provides:
A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the circuit court of the county where the petitioner or respondent resides or where a simultaneous request for enforcement is sought.
The mother moved to dismiss the father’s action in the trial court because he had not previously registered the Massachusetts order. The father responded by pointing out that he had attached a copy of the Massachusetts court order to his initial pleading in this case, and that registration was unnecessary in this case. He asserts that registration is irrelevant because the relief he is seeking is not enforcement, but rather that Florida, the home state for several years, take jurisdiction and prohibit relocation of the child.
The trial court deferred ruling on the mother’s motion to dismiss pending an evidentiary hearing on jurisdiction, but before the hearing took place the mother filed this petition for writ of prohibition asserting that the trial court lacked jurisdiction to proceed. We conclude that, under sections 61.514, 61.515 and 61.516, the trial court had jurisdiction to determine if Florida has jurisdiction under the UCCJEA. Benitez v. Konfino, 624 So. 2d 861 (Fla. 5th DCA 1993). We accordingly deny the petition.
STONE and TAYLOR, JJ., concur.