Emergency Jurisdiction Issues in Child Custody Proceedings

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Parental Kidnapping Prevention Act (PKPA), a court may exercise jurisdiction when it is necessary to protect a child, the child's parent, or the child's sibling.

Under the UCCJEA, a court may issue a temporary custody order for a child who is currently within the state. If there is an emergency that would adversely affect a child, parent, or sibling, such as an attack of appendicitis, a court can consider jurisdiction under the UCCJEA, but the jurisdiction is temporary and a court that enters a custody order under the UCCJEA can only enter a temporary order, not a permanent one. In the case of a child's appendicitis, where a parent with visitation has taken the child out of the state, a court in that state can issue an order that the child may remain with the parent until discharged from a hospital where the child is being treated and that the parent must then return the child to the parent with custody.

Under the PKPA, the court of the state in which the child lives has continuing jurisdiction over custody issues and has authority to consider petitions for emergency change of custody. The home court may issue orders permanently changing custody. Such a situation might exist where a parent with custody suffers a disabling accident and can no longer care for the child. Another example is where a custodial parent forms a relationship with someone and there is evidence that the third person has abused the child or has a history of domestic violence.

To establish that an emergency situation exists, the person seeking emergency custody must present some proof of the emergency. When it is a medical emergency, medical reports and testimony of the health care providers should be sufficient. If the person seeking custody alleges abandonment or abuse of the child, evidence might include: records from protection order proceedings, reports of social workers, home studies, if any have been conducted, psychological evaluations of the child, affidavits from teachers and other involved adults, police reports and arrest records concerning incidents of domestic violence, and criminal records of those involved with the child.