Custody order from Caribbean Court – is effective here?
Q.: Custody order from Caribbean Court-is effective here? – Is the order or divorce, I got from another state, or islands in the Caribbean, effective in Florida?
A.: did you know! foreign judgments are enforced in Florida. Enforcement and registration of foreign judgments is available under §61.528 and §61.531, Fla. Stat. Both statutes require the trial court to evaluate whether the proceedings in that other state or country, had proper notice and opportunity to be heard, basic due process right granted to all litigants.
Ft Lauderdale Custody Lawyer
- §61.506 (3), Fla. Stat., provides, “a court of this state need not apply this part (of the law/statute), if the child custody law of a foreign country violates fundamental principles of human rights.” The court takes that to mean that when a foreign law itself fails to recognize a fundamental public policy tenant, such as considering the best interests of the child, the courts of this state may decline to recognize the judgment. However, whether the foreign court has properly applied its law is a question for the foreign jurisdiction.
- The Uniform Child Custody Jurisdiction and Enforcement Act, pursuant to §61.502, Fla. Stat., is in place to avoid jurisdictional conflicts and re-litigation of custody decisions of other states.
- A court of this state shall treat a foreign country as if it were a state. A State of the United States for purposes of applying § 61.501- §61.523… [A] child custody determination made in a foreign country, under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under SS 61.524 – 61.540.” § 61.506 (1), (2), Fla stat.
