(1) A court of this state which has jurisdiction under this part to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion, or request of another court.
(2) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(a) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(b) The length of time the child has resided outside this state;
(c) The distance between the court in this state and the court in the state that would assume jurisdiction;
(d) The relative financial circumstances of the parties;
(e) Any agreement of the parties as to which state should assume jurisdiction;
(f) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(g) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(h) The familiarity of the court of each state with the facts and issues in the pending litigation.
(3) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
(4) A court of this state may decline to exercise its jurisdiction under this part if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
History.—s. 5, ch. 2002-65.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
Chapter 61 - Dissolution of Marriage; Support; Time-Sharing
Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542)
61.502 - Purposes of part; construction of provisions.
61.504 - Proceedings governed by other law.
61.505 - Application to Indian tribes.
61.506 - International application of part.
61.507 - Effect of child custody determination.
61.509 - Notice to persons outside the state.
61.510 - Appearance and limited immunity.
61.511 - Communication between courts.
61.512 - Taking testimony in another state.
61.513 - Cooperation between courts; preservation of records.
61.514 - Initial child custody jurisdiction.
61.515 - Exclusive, continuing jurisdiction.
61.516 - Jurisdiction to modify a determination.
61.517 - Temporary emergency jurisdiction.
61.518 - Notice; opportunity to be heard; joinder.
61.519 - Simultaneous proceedings.
61.521 - Jurisdiction declined by reason of conduct.
61.522 - Information to be submitted to the court.
61.523 - Appearance of parties and child.
61.525 - Enforcement under the Hague Convention.
61.527 - Temporary visitation.
61.528 - Registration of child custody determination.
61.529 - Enforcement of registered determination.
61.530 - Simultaneous proceedings.
61.531 - Expedited enforcement of child custody determination.
61.532 - Service of petition and order.
61.534 - Warrant to take physical custody of child.
61.535 - Costs, fees, and expenses.
61.536 - Recognition and enforcement.
61.538 - Role of state attorney.
61.539 - Role of law enforcement officers.