Also known as: temporary emergency jurisdictions · emergency jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A form of limited jurisdiction that permits a court to enter a temporary child-custody order when the child is physically present in the state and faces an immediate risk of harm. The order addresses only the emergency and remains in effect only until a court with primary jurisdiction can act.
Professor Laura Green drives her son to State Z for a conference and files there for emergency custody. She alleges that the father has repeatedly choked the boy during homework disputes and once locked him outside overnight in freezing weather. The State Z court issues a short-term protective order because the child is present and the allegations show an immediate need for safety.
Dr. Laura Chen flees with her five-year-old son to a domestic violence shelter in State D after her husband punches her and bruises the child's arm. She petitions the State D court for temporary sole custody. The court grants a short-term emergency order because the child is present and the recent violence creates an immediate need for protection.
Select any source to read its text and confirm it supports the definition.
No. The rule requires only that the child be physically present in the state and that an emergency involving mistreatment or abuse exist. Home-state status controls long-term custody but does not block a different state from issuing a short-term protective order.
Supporting sources
Yes. The statute focuses on the child's current presence and the need for protection. It does not require that the emergency arise inside the forum state or that prior official reports exist there.
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No. The authority arises by operation of law once presence and an emergency threat are shown. Neither consent nor a criminal conviction is required.
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The order is temporary and must specify a limited period. It remains in effect only until a court with primary jurisdiction under sections 201 through 203 can act or until the emergency ends.
Supporting sources