Mondy v. Mondy

428 So. 2d 235
CourtSupreme Court of Florida
DecidedMarch 3, 1983
Docket60559
StatusPublished
Cited by29 cases

This text of 428 So. 2d 235 (Mondy v. Mondy) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mondy v. Mondy, 428 So. 2d 235 (Fla. 1983).

Opinion

428 So.2d 235 (1983)

Richard Duane MONDY, Petitioner,
v.
Carol A. MONDY, Respondent.

No. 60559.

Supreme Court of Florida.

March 3, 1983.

*236 Elliot Zisser of Zisser, Robison, Spohrer, Wilner & Harris, Jacksonville, for petitioner.

John R. Forbes, Jacksonville, for respondent.

PER CURIAM.

We have for review the district court decision in Mondy v. Mondy, 395 So.2d 193 (Fla. 1st DCA 1981), because of conflict with Detko/Roberts v. Stikelether, 370 So.2d 383 (Fla. 4th DCA 1979), and Wheeler v. Wheeler, 383 So.2d 655 (Fla. 2d DCA 1980). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and quash Mondy.

The Mondys were married in 1973. In 1978 Richard Mondy left the couple's Alabama home, taking their two young sons with him. He and the boys settled in Idaho where he established residency and filed for divorce. Sometime later Carol Mondy left Alabama and, upon being served notice while in Texas, she went to Idaho, entered an appearance in the proceedings, and, among other things, requested custody of the children. The court awarded temporary custody to the father, with visitation rights to the mother, and ordered that the children not be removed from Idaho. A few days later, however, the mother took the children and flew to Jacksonville, Florida.

After final hearing, the Idaho court granted the divorce, awarded the father physical custody of the children, and placed legal custody with the court clerk until further order. The father then petitioned the circuit court in Duval County, Florida, for recognition and enforcement of the Idaho decree. The mother responded with a petition seeking establishment and modification of the Idaho decree to give her custody of the children. The court awarded her temporary custody and ordered an inquiry into the best interests and welfare of the children. The court denied the father's motions to vacate and set aside its order and to dismiss, for lack of subject matter jurisdiction, the mother's petition.

On appeal the first district affirmed the trial court's rulings. In dissent, however, Judge Joanos commented that the Florida court should have deferred to the Idaho court under the Uniform Child Custody Jurisdiction Act (UCCJA) because that court's jurisdiction over the matter was superior to the Florida court's jurisdiction. We agree and find that the Duval Circuit Court, in view of the outstanding Idaho proceedings and decree, should have declined to exercise its jurisdiction in this instance.

Growing public concern over the increasing incidence of child snatching and forum shopping in custody cases prompted approval of the UCCJA by the National Conference of Commissioners on Uniform State Laws and the American Bar Association in 1968. The commissioners' prefatory note states that the UCCJA "is designed to bring some semblance of order into the existing chaos." 9 U.L.A. 114 (1979). The UCCJA has currently been adopted in forty-some states.[1] Florida adopted the UCCJA through chapter 77-433, Laws of Florida, codified as sections 61.1302 — 61.1348, Florida Statutes (1979).

*237 The general purposes of the act are to:

(1) Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being.
(2) Promote cooperation with the courts of other states to the end that a custody decree is rendered in the state which can best decide the case in the interest of the child.
(3) Assure that litigation concerning the custody of a child takes place ordinarily in the state with which the child and his family have the closest connection and where significant evidence concerning his care, protection, training, and personal relationships is most readily available, and that courts of this state decline the exercise of jurisdiction when the child and his family have a closer connection with another state.
(4) Discourage continuing controversies over child custody in the interest of greater stability of home environment and of secure family relationships for the child.
(5) Deter abductions and other unilateral removals of children undertaken to obtain custody awards.
(6) Avoid relitigation of custody decisions of other states in this state insofar as feasible.
(7) Facilitate the enforcement of custody decrees of other states.
(8) Promote and expand the exchange of information and other forms of mutual assistance between the courts of this state and those of other states concerned with the same child.
(9) Make uniform the law with respect to the subject of this act among states enacting it.

§ 61.1304. There are four possible bases for the exercise of a court's jurisdiction:

(1) A court of this state which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if:
(a) This state:
1. Is the home state of the child at the time of commencement of the proceeding, or
2. Had been the child's home state within 6 months before commencement of the proceeding and the child is absent from this state because of his removal or retention by a person claiming his custody or for other reasons, and a parent or person acting as parent continues to live in this state;
(b) It is in the best interest of the child that a court of this state assume jurisdiction because:
1. The child and his parents, or the child and at least one contestant, have a significant connection with this state, and
2. There is available in this state substantial evidence concerning the child's present or future care, protection, training, and personal relationships;
(c) The child is physically present in this state and:
1. The child has been abandoned, or
2. It is necessary in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse or is otherwise neglected; or
(d)1. It appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraph (a), paragraph (b), or paragraph (c), or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to determine the custody of the child, and
2. It is in the best interest of the child that a court of this state assume jurisdiction.

§ 61.1308(1). "Home state" is defined as the state in which the child, immediately preceding the time involved, lived with his parents, a parent, or a person acting as parent for at least 6 consecutive months or, in the case of a child less than 6 months old, the state in which the child lived from birth with any of the persons *238 mentioned. Periods of temporary absence of any of the named persons are counted as part of the 6-month or other period.

§ 61.1306(5). Jackson v. Jackson, 390 So.2d 787 (Fla. 1st DCA 1980); Hegler v. Hegler, 383 So.2d 1134 (Fla. 5th DCA 1980). Mere physical presence of the child within a state is not generally sufficient by itself to confer jurisdiction to make a child custody determination. § 61.1308(2).

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Bluebook (online)
428 So. 2d 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mondy-v-mondy-fla-1983.