Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Even if Florida is determined to be the home state of a child in a Florida child custody proceeding, the Florida courts may not be convenient because the child and one parent live in a different state. If this is the case, a parent may file a motion to dismiss based on forum non conveniens. This was at issue in the case Murphy v. Collins, 3D20-658 (Fla. 3d DCA September 9, 2020).

A couple of months after the parties’ child was born, the parties had an argument and the mother moved out of their shared residence. The parties were never married. Shortly after she moved out, the mother notified the father that she moved to Pennsylvania with the parties’ child. The father then filed a paternity action in Florida requesting time-sharing.and establishment of child support. The mother filed a motion to dismiss, alleging Florida was not a convenient forum and that she and the child did not have significant ties to the state. The motion was denied by the trial court and the court requested that the mother’s attorney prepare a proposed order and submit it to the court for entry.

Subsequently, but before the order was signed by the judge, the mother filed a motion to disqualify the judge. The judge denied the motion, and then entered a written order on the mother’s motion to dismiss which deviated from the oral pronouncement at the hearing. The mother appealed. The appellate court sided with the mother, holding “When a trial judge ‘has heard testimony and arguments and rendered an oral ruling in a proceeding, the judge retains the authority to perform the ministerial act of reducing that ruling to writing. However, any substantive change in the trial judge’s ruling would not be a ministerial act.’ [internal citations omitted] [. . .] In the instant case, although the hearing on the Mother’s motion to dismiss took place prior to the filing of her motion to disqualify, the trial court’s written order deviates from the trial court’s oral pronouncement. As such, the exception is not applicable, and the substantive changes in the trial judge’s order “are not ministerial and are considered void.”

If you need help in your Florida family law case, scheduling a consultation with a Miami family law attorney may help you understand how to navigate the rules.