Green v. Green

District Court of Appeal of Florida

Green v. Green

434 So. 2d 52, 1983 Fla. App. LEXIS 19883

CourtDistrict Court of Appeal of Florida

DecidedJuly 12, 1983

DocketNo. 82-1781

StatusPublished

This text of 434 So. 2d 52 (Green v. Green) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Green v. Green, 434 So. 2d 52, 1983 Fla. App. LEXIS 19883 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

The Florida trial court was without jurisdiction to modify a South Carolina temporary order concerning custody of a minor child while the South Carolina court was still exercising its jurisdiction and was, in fact, attempting to extradite petitioner/mother to South Carolina to face criminal charges for violation of its lawful child custody order. § 61.1314, Fla.Stat. (1981); see also Greene v. Greene, 432 So.2d 62 (Fla. 3d DCA 1983); Bonis v. Bonis, 420 So.2d 104 (Fla. 3d DCA 1982). Moreover, allegations of past mistreatment of the child by [53]*53the custodial grandparents who live in South Carolina were insufficient to establish an emergency situation for jurisdictional purposes. Nelson v. Nelson, 433 So.2d 1015 (Fla. 3d DCA 1983); § 61.1308(1)(c), Fla.Stat. (1981).

The order changing custody and enjoining extradition proceedings in Dade County Circuit Court Case No. 82-5246 is vacated and the cause is dismissed.

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PER CURIAM.

The Florida trial court was without jurisdiction to modify a South Carolina temporary order concerning custody of a minor child while the South Carolina court was still exercising its jurisdiction and was, in fact, attempting to extradite petitioner/mother to South Carolina to face criminal charges for violation of its lawful child custody order. § 61.1314, Fla.Stat. (1981); see also Greene v. Greene, 432 So.2d 62 (Fla. 3d DCA 1983); Bonis v. Bonis, 420 So.2d 104 (Fla. 3d DCA 1982). Moreover, allegations of past mistreatment of the child by [53]*53the custodial grandparents who live in South Carolina were insufficient to establish an emergency situation for jurisdictional purposes. Nelson v. Nelson, 433 So.2d 1015 (Fla. 3d DCA 1983); § 61.1308(1)(c), Fla.Stat. (1981).

The order changing custody and enjoining extradition proceedings in Dade County Circuit Court Case No. 82-5246 is vacated and the cause is dismissed.

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434 So. 2d 52, 1983 Fla. App. LEXIS 19883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-green-fladistctapp-1983.

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