Trial Court Reversed by Third District for Exercising UCCJEA Jurisdiction

The Third District Court of Appeal ruled yesterday in Durham v. Butler, a case in which the lower court exercised its jurisdiction under the UCCJEA to modify another state’s custody decree.  While the Third District found that Florida did, in fact, have jurisdiction to modify the foreign decree, it reversed the lower tribunal on the basis that this jurisdiction should not have been exercised.  At the time of the application for modification, there was a related action pending in the foreign tribunal, requiring reversal pursuant to Florida Statute section 61.519(1) (2011).