(1) Unless the court enters a temporary emergency order under s. 61.517, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

(a) The child custody determination has not been registered and confirmed under s. 61.528 and that:

1. The issuing court did not have jurisdiction under ss. 61.514–61.523;
2. The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under ss. 61.514–61.523; or
3. The respondent was entitled to notice, but notice was not given in accordance with the standards of s. 61.509 in the proceedings before the court that issued the order for which enforcement is sought; or

Terms Used In Florida Statutes 61.533

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Child: means an individual who has not attained 18 years of age. See Florida Statutes 61.503
  • Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, residential care, or visitation with respect to a child. See Florida Statutes 61.503
  • Court: means an entity authorized under the laws of a state to establish, enforce, or modify a child custody determination. See Florida Statutes 61.503
  • Issuing court: means the court that makes a child custody determination for which enforcement is sought under this part. See Florida Statutes 61.503
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Physical custody: means the physical care and supervision of a child. See Florida Statutes 61.503
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Florida Statutes 61.503
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The child custody determination for which enforcement is sought was registered and confirmed under s. 61.528, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under ss. 61.514–61.523.
(2) The court shall award the fees, costs, and expenses authorized under s. 61.535 and may grant additional relief, including a request for the assistance of law enforcement officers, and set a further hearing to determine whether additional relief is appropriate.
(3) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(4) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under ss. 61.524–61.540.
  Previous section
Next section  
 Part II Contents