USA – FLORIDA Law and Practice Contributed by: Elisha D. Roy, Sasser, Cestero & Roy
of the Florida Statutes and Florida Family Law Rules of Procedure 12.740. Generally speaking, voluntary binding arbitration does not happen in family law cases in Florida as it cannot be used when there are minor children involved in the case. See § 44.104(14), Fla. Stat.; Toiberman v Tisera, 998 So. 2d 4, 6 (Fla. 3d DCA 2008) “The plain language of section 44.104(14) prohibits binding arbitration of child custody, visitation, or child support matters”. However, in dealing with only financial issues it is possible. Voluntary Trial Resolution Similar to voluntary binding arbitration, volun - tary trial resolution is a process by which a trial resolution judge considers the facts and argu - ments presented by the parties and renders a decision. See § 44.1011(1), Fla. Stat. The private judge must be agreed to by the parties, must be a member of the Florida Bar in good standing and have been practicing for at least five years. See § 44.104(2), Fla. Stat. The private judge is appointed by the presiding judge via court order. The presiding judge cannot require parties to use this alternative method. This private judge method is often used in cas - es that are very complex and knowing that the judge can block off the necessary number of days, etc, for continuity in the process is helpful. Many jurisdictions rotate judges on a bi-annual basis, and for complex cases, this could cause more than one judicial rotation during the life of the case. Private judges can be very beneficial for maintaining consistency in the case. Collaborative Law Florida Statutes established the Collaborative Law Process in Florida, which allows parties to settle their cases via a collaborative contract. Each party has a lawyer, and the lawyer and the
parties contract to this confidential process of resolution. Joint experts, in both financial and mental health, can be involved to help the par - ties find creative resolution to their divorce with - out any litigation. However, if the collaborative process is unsuccessful, the parties must hire new lawyers, start the process over from the beginning and hold all things discovered dur - ing the collaborative process confidential. The Collaborative Law Process is very successful in certain parts of Florida and less so in others. Florida has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Pursuant to § 61.514, Fla. Stat., Florida courts have jurisdiction to make an initial child custody determination if: • Florida is the child’s home state on the date of filing or was the home state of the child within six months before filing if the child is absent from Florida but a parent or person acting as a parent continues to live in Florida; • a court of another state does not have juris - diction under the first bullet point, or a court of the home state of the child has declined to exercise jurisdiction on the grounds that Florida is the more appropriate forum and: (a) the child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant con - nection with Florida beyond their physical presence; and (b) substantial evidence is available in Florida concerning the child’s care, protection, training and personal relationships; 3. Child Law 3.1 Choice of Jurisdiction • all courts having jurisdiction under the first two bullet points have declined to exercise
378 CHAMBERS.COM
Powered by FlippingBook