Posted by Nydia Streets of Streets Law in Florida Child Custody
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a set of rules adopted by a majority of U.S. states which seeks to prevent confusion in handling interstate child custody issues. The states that agree to follow the UCCJEA are bound by a set of rules which govern child custody disputes that concern more than one state. Florida has adopted the UCCJEA, and one of the most common applications of it in Florida child custody cases is the home state rule. In order for a Florida court to exercise jurisdiction over a child custody dispute, the child who is the subject of the case must have resided in Florida for six consecutive months immediately preceding the filing of the case. UCCJEA jurisdiction was disputed in the case Varchetti v. Varchetti, 4D20-582 (Fla. 4th DCA August 26, 2020).
The parties moved from Michigan to Florida with their minor children in 2018. The following year, the wife petitioned for divorce in Florida. The former husband filed a motion to change venue to Michigan under the UCCJEA (Fla. Stat. 61.520), arguing Michigan would be a more convenient forum to determine child custody issues because he intended to call 36 witnesses, seven of whom were expert witnesses. He presented evidence of the costs of having each witness come to Florida to testify. The trial court nonetheless denied the motion based on the wife’s argument that under Fla. R. Civ. P. 1.061(g), a motion to dismiss based on forum non conveniens must be served not later than 60 days from the date of service. The husband appealed.
The appellate court agreed with the husband that the rule cited by the wife is inapplicable to family law cases since in 2017, the Florida legislature made stand alone family law rules. The court noted “The ‘stand-alone’ nature of the amended Family Law Rules is evidenced by the removal of references to the Rules of Civil Procedure. In addition to removing references to the Rules of Civil Procedure, the 2017 amendments added in stand-alone procedures for pleadings, motions, and captions. Accordingly, Florida Rule of Civil Procedure 1.061(g) no longer provides a time limit for motions to dismiss for forum non conveniens in family law cases.” The court further held “Finally, although the trial court determined it has jurisdiction over the minor children under the UCCJEA, that does not preclude the court from finding that Michigan is a more convenient forum. [. . .] As discussed above, Florida Rule of Civil Procedure 1.061(g) does not apply to motions to change venue on the grounds of forum non conveniens in family law cases. The Family Law Rules do not contain any time limit for raising the issue of inconvenient forum under the UCCJEA.”
If you are facing a Florida child custody case in which another state’s jurisdiction may be at issue, it is important to consult with a Miami child custody lawyer before proceeding. As this case illustrates, interstate custody issues may require careful analysis of changes in the law.