Whelpley v. De Athayde Costa

District Court of Appeal of Florida

Whelpley v. De Athayde Costa

648 So. 2d 1252, 1995 Fla. App. LEXIS 455, 1995 WL 25320

CourtDistrict Court of Appeal of Florida

DecidedJanuary 25, 1995

DocketNo. 93-2158

StatusPublished

Cited by1 cases

This text of 648 So. 2d 1252 (Whelpley v. De Athayde Costa) 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.

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Whelpley v. De Athayde Costa, 648 So. 2d 1252, 1995 Fla. App. LEXIS 455, 1995 WL 25320 (Fla. Ct. App. 1995).

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Opinion

WARNER, Judge.

The former husband, a citizen and resident of Brazil, petitioned the circuit court for a writ of habeas corpus seeking custody of the parties’ two children, who had been living in Florida with the former wife for more than six months. The court granted the petition on the authority of a Brazilian court order awarding temporary custody to the former husband. We reverse because the former wife was not given proper notice of the Brazilian court proceeding.

Section 61.1348, Florida Statutes (1993), provides for recognition of a foreign custody decree “if reasonable notice and opportunity to be heard were given to all affected persons.” The trial court found in this case that the only notice to the former wife was provided after entry of the Brazilian court order. We therefore hold that the Brazilian custody decree was not entitled to recognition. See Kallman v. Kallman, 623 So.2d 1213 (Fla. 3d DCA 1993), review denied, 634 So.2d 625 (Fla.1994).

REVERSED.

PARIENTE and STEVENSON, JJ., concur.

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