Green v. Green

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

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 the 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.