Alobaid v. Khan
The Third DCA affirmed a permanent domestic violence injunction and a temporary time-sharing plan entered against a Kuwaiti citizen/resident husband. The court held personal jurisdiction existed both because he was personally served while voluntarily present in Florida and under the long-arm statute's tortious-act provision (an in-state battery), where he filed only an unsworn motion and no counter-affidavit. It further held the domestic violence court had temporary emergency jurisdiction under section 61.517(1) to enter a temporary time-sharing plan because the child was physically present in Florida, regardless of which country is the home state under the UCCJEA.
Key facts
- Wife sought a permanent domestic violence injunction and temporary time-sharing arrangement against her husband, a Kuwaiti citizen and resident, in Florida state court.
- The trial court entered a permanent domestic violence injunction and a temporary time-sharing plan after finding the husband committed multiple acts of violence including slapping, pushing, shoving, and kicking, and threatened to relocate their child abroad.
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Why it matters
Useful for litigators handling cross-border domestic violence and custody disputes: it confirms that tag-service on a voluntarily present foreign national suffices for personal jurisdiction and that an in-state act of… — full analysis with a trial
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