With same-sex marriage having been legally recognized in Florida for just over two years now, the legal system in this state will, inevitably, see an increase in family law cases with same-sex spouses and same-sex parents. Sometimes, South Florida family law cases involving same-sex partners may present unique issues. Other times, though, same-sex couples will find that their cases will be decided by the same things that influence cases with opposite-sex partners. That was the case recently for two married men, one of whom had their Florida case scuttled by the legal concept of forum non conveniens.
The couple, Marco and Han, entered into a civil partnership in the United Kingdom in 2008. That was converted into a marriage in the U.K. in 2015. Marco had dual citizenship in Italy and the U.K. Han had dual citizenship in Malaysia and the U.K. The couple shared one child, a daughter who was born in Missouri in 2014. A Missouri court gave Marco sole custody of the child.
For just less than one year, from 2014 to 2015, the family lived in Miami, residing in a friend’s apartment. Han moved back to London in the fall of 2015 and never returned to Florida. Marco and the daughter moved to New York in the following March, where they stayed. Marco filed for divorce in London in April 2016. Han filed for divorce here in South Florida a month later.