Case Update (2020): Alobaid v. Khan; Domestic Violence, Personal Jurisdiction, Contacts between foreign national and U.S. state

The Alobaid v. Khan ( No. 3D19-2128, 3rd District Court of Appeal State of Florida) case addressed the father’s (Mr. Alobaid) argument that Florida lacked personal jurisdiction and subject matter jurisdiction to issue a domestic violence injunction that included a temporary custody arrangement.  On May 27, 2020, the court affirmed and upheld the trial court’s issuance of the temporary domestic violence injunction that also gave the father only supervised access to the parties’ minor child in Florida.

This international couple had a long-distance marriage after they met in college in Florida and wed in 2011, with Mr. Alobaid living in his home of Kuwait and Ms. Khan residing in her home of Florida.  Their child was born in Florida in January 2018.  In November 2018, Ms. Khan filed a petition for domestic violence injunction against Mr. Alobaid.  In her petition, she alleged four specific incidents of physical violence by Mr. Alobaid towards her, with one of the four occurring in Florida (the remaining occurring in Kuwait).  The court issued the temporary injunction and also issued a temporary order granting Ms. Khan 100% time sharing of their minor child, with Mr. Alobaid having supervised access to the child in Florida.  Mr. Alobaid was personally served with the petition when he visited Florida in November 2018.  

Mr. Alobaid contests personal jurisdiction since he is a resident of Kuwait.  He also contests subject matter jurisdiction over the custody provisions, claiming the minor child’s home state under the UCCJEA is Kuwait.   The court dispensed with both arguments.  It had personal jurisdiction over Mr. Alobaid, who was personally served in Florida, committed at least one of the alleged physically violent acts in Florida, met and married in Florida, conceived and had a child in Florida, and voluntarily traveled to Florida.  The court further indicated, without diving into whether Kuwait or Florida had jurisdiction to resolve custody, that Florida did have, at least, temporary emergency jurisdiction since the child was residing in Florida at the time of the petition.