International and Florida-Specific Updates in Family Law: Jurisdiction, International Custody, and Equitable Distribution
At Fell Law Group, we understand the complexities of Family Law and the evolving legal landscape. In this post, we’ll explore three recent Florida appellate decisions that address critical family law issues: jurisdiction in child support modification cases, international child custody under the Hague Convention, and equitable distribution in divorce proceedings.
Child Support and Jurisdiction: Bravo v. Johnson
In Bravo v. Johnson, the First District Court of Appeal (DCA) underscored the importance of jurisdiction in modifying child support orders from foreign courts. In this case, the father successfully challenged the Florida trial court’s jurisdiction over a petition to modify an Australian child support order.
Key Takeaways:
- Even though Australia is not a participant in the Hague Convention on International Child Support, Florida courts must still respect jurisdictional limitations under the Uniform Interstate Family Support Act (UIFSA).
- An Australian court’s continued and exclusive jurisdiction over child support barred Florida courts from intervening and modifying the child support, as the father did not waive his jurisdictional challenge. This was true even though the father filed an action to enforce the Australian court’s child custody order.
This case emphasizes that parties must understand the limits of Florida courts’ authority when dealing with international support orders.
International Custody and the Hague Convention: De la Melena v. Panez
In De la Melena v. Panez, the Sixth DCA addressed a father’s petition under the Hague Convention seeking the return of his child to Peru. The court upheld the trial court’s denial of the petition, based on two specific exceptions to the return remedy.
Key Takeaways:
- The court found that the “well settled” exception applied, as the petition was filed more than a year after the father knew the mother would not return the child to Peru. Five of the seven factors applied that determine whether the child was “well settled” in Florida.
- The “mature child objection” exception also barred return, as the court determined that the ten-year-old child was of sufficient age and maturity to express a valid objection.
This decision highlights the importance of timing and evidentiary burdens in international custody disputes under the Hague Convention.
Equitable Distribution in Divorce: Rojas v. ADA Isis Pelaez Otero
In Rojas, the Third DCA reviewed a trial court’s equitable distribution judgment in a dissolution of marriage case. The appellate court affirmed some findings but flagged significant errors in how the trial court handled marital assets.
Key Takeaways:
- Ambiguity in language and inconsistent findings led to reversible errors regarding the distribution of the marital home and other assets.
- Florida law requires clear and specific findings when awarding property and cannot reserve jurisdiction to modify property rights in a final judgment.
- This case serves as a reminder to ensure all financial awards and property distributions comply with statutory mandates to avoid future litigation.
- Courts, parties, and practitioners should be cautious to include language in their divorce judgments that reserve broad jurisdiction, as they may be deemed non-final and erroneous.
Why These Cases Matter
These decisions remind us of the precision and diligence required in family law cases, particularly those involving international elements or complex asset divisions. At Fell Law Group, we help clients navigate these challenges with clarity and confidence.
Fell Out of Love? Call Fell Law Group! Whether you’re dealing with international custody disputes, child support modifications, or asset division, our experienced team is here to guide you through every step of the process.
Reach out to us today for trusted legal representation in Florida family law.
Brian@FLGLegal.net.
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