Interstate child custody disputes usually require courts to determine which state has jurisdiction before making custody decisions. California follows jurisdictional rules designed to prevent competing custody orders between states. An important exception allows a California court to exercise temporary emergency jurisdiction in specific urgent circumstances, even when another state ordinarily has authority over the custody case.

Emergency Jurisdiction Requires the Child to Be Present in California

A California court can exercise temporary emergency child custody jurisdiction when the child is physically present in California and the statutory requirements for an emergency are satisfied.

One basis is abandonment.

Emergency jurisdiction can also exist when it is necessary to protect the child because the child, a sibling, or a parent is subjected to or threatened with mistreatment or abuse.

The critical distinction is that emergency jurisdiction is not the same as ordinary jurisdiction to make an initial permanent custody determination.

California may have authority to issue an emergency custody order because immediate protection is necessary while another state remains the state with ordinary jurisdiction over the broader custody dispute.

Calling a situation urgent does not by itself create emergency jurisdiction. The facts must fall within the circumstances permitting California to exercise that authority.

An Existing Out-of-State Custody Case Changes the Procedure

The effect of a California emergency order depends partly on whether another state has already made a custody determination or has a custody proceeding underway.

If a previous custody determination entitled to enforcement exists, or a custody proceeding has already begun in a state having jurisdiction, California’s emergency order must specify a period that the court considers adequate for the person seeking the order to obtain an order from the state with jurisdiction.

The California emergency order remains effective until an order is obtained from the other state within that period or until the period expires.

Communication between courts can become necessary.

When a California court learns that a custody proceeding has been commenced or a custody determination has been made by another state having jurisdiction, the California court must immediately communicate with the other court when exercising emergency jurisdiction under the applicable circumstances.

This coordination helps address the immediate emergency without improperly converting a temporary proceeding into competing permanent custody litigation.

Emergency Jurisdiction Does Not Automatically Become Permanent Jurisdiction

Temporary emergency jurisdiction should not be confused with permanent California custody jurisdiction.

When no previous enforceable custody determination exists and no proceeding has been started in another state with jurisdiction, an emergency custody determination can remain in effect until an order is obtained from a state with jurisdiction.

If no such proceeding is commenced, the California emergency determination can eventually become a final determination if the order expressly provides for that result and California becomes the child’s home state.

That transition is not automatic merely because time passes.

The source materials specifically caution against interpreting temporary emergency jurisdiction as automatically becoming permanent jurisdiction simply because the parents fail to begin a case elsewhere.

Emergency Jurisdiction Gives California Limited Authority to Protect a Child

California temporary emergency jurisdiction allows a family court to make custody orders when a child is present in California and the legally required emergency circumstances exist. It can provide immediate protection even when another state ordinarily has custody jurisdiction. However, emergency jurisdiction has specific limits, and an emergency order does not automatically give California permanent authority over the entire child custody case.