Posted by Nydia Streets of Streets Law in Florida Child Support
When a party alleges that a forum chosen by the petitioner in a Florida family law case is inconvenient, the court must analyze factors pronounced in the case Kinney Sys., Inc. v. Cont’l Ins. Co., 674 So. 2d 86 (Fla. 1996). One of the factors to be considered is if an alternate, adequate forum exists. The former husband appealed an order denying his motion to dismiss for forum non conveniens in the case Kusayev v. Kusayev, 4D20-2576 (Fla. 4th DCA April 21, 2021).
The parties were divorced in Russia in 2018. Their daughter was born in New York in 2015 and had never visited Florida. At the time the former wife served the former husband with a petition to establish child support in Florida, the former wife and the child lived in Russia, while the former husband lived in Florida after relocating there from New York. The former wife sought retroactive and ongoing child support from the former husband, alleging child support had not been addressed or ordered in the Russian divorce decree. The former husband filed a motion to dismiss, alleging the “entire history of this case is outside of Florida”. He also provided a translated copy of the Russian divorce decree which indicated the father was responsible for child support but did not indicate how much. At a hearing on the motion to dismiss, the court did not address the Kinney case factors. Instead, the trial court determined that because the Russian court did not establish a child support amount, it ceded jurisdiction to another court to do so. The former husband appealed.
The appellate court noted the Kinney factors as follows: “[1] As a prerequisite, the court must establish whether an adequate alternative forum exists which possesses jurisdiction over the whole case. [2] Next, the trial judge must consider all relevant factors of private interest, weighing in the balance a strong presumption against disturbing plaintiffs’ initial forum choice. [3] If the trial judge finds this balance of private interests in equipoise or near equipoise, he must then determine whether or not factors of public interest tip the balance in favor of a trial in [another] forum. [4] If he decides that the balance favors such a . . . forum, the trial judge must finally ensure that plaintiffs can reinstate their suit in the alternative forum without undue inconvenience or prejudice.” The court concluded “Here, the trial court never commented on the Kinney factors at the hearing or in its written order. We must therefore reverse and remand for the trial court to analyze the Kinney factors and, if necessary, hold an evidentiary hearing.”
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