Child custody disputes sometimes cross state lines. A child may recently have arrived in California even though another state would ordinarily have authority to make custody decisions. When an emergency threatens the child or certain family members, however, California family courts may have temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, commonly called the UCCJEA.

Temporary emergency jurisdiction is different from ordinary custody jurisdiction. It is designed to allow a California court to respond to an immediate situation without automatically taking permanent control of an interstate custody case.

The Child Must Be Present in California

For a California court to exercise temporary emergency custody jurisdiction, the child must be physically present in California.

The court may then have emergency jurisdiction if the child has been abandoned or if emergency protection is necessary because the child, the child’s sibling, or a parent is subjected to or threatened with mistreatment or abuse.

This can create an important exception to the usual interstate custody rules.

Ordinarily, California may determine initial custody when it qualifies as the child’s “home state.” Generally, that means the child lived in California with a parent or person acting as a parent for at least six consecutive months immediately before the custody proceeding began. Different rules apply to children younger than six months.

Emergency jurisdiction does not require California to first become the child’s ordinary home state.

That distinction allows the family court to address an immediate safety problem even when another state would otherwise have jurisdiction over the longer-term custody dispute.

Emergency Jurisdiction Is Usually Temporary

The word “temporary” is important.

A California court’s authority to enter an emergency custody order does not necessarily give California permanent jurisdiction over the child.

If another state has already made a custody determination that is entitled to enforcement, or if a custody proceeding has been started in a state with jurisdiction under the UCCJEA, the California emergency order must generally provide enough time for the person seeking protection to obtain an appropriate order from that other state.

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

California courts therefore cannot simply use an emergency proceeding to bypass another state’s existing jurisdiction.

When the California court learns that a custody case or enforceable custody determination exists in another state, communication between the courts may be required to address the emergency and determine how long the temporary order should remain effective.

An Emergency Order Can Sometimes Develop Into a Final Determination

The situation is different when no previous custody determination exists and no custody proceeding has been commenced in another state that has jurisdiction.

In those circumstances, a California emergency custody determination can remain effective until an order is obtained from a state having ordinary custody jurisdiction.

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

That does not mean emergency jurisdiction automatically converts into permanent jurisdiction merely because time passes. The jurisdictional requirements still matter.

Any temporary emergency custody order actually issued by the California family court is binding while it remains in effect. Parents cannot disregard the order simply because the underlying jurisdiction is described as temporary.

Emergency Jurisdiction Protects Children Without Ignoring Interstate Custody Rules

Temporary emergency jurisdiction allows a California family court to act when a child who is present in California faces qualifying emergency circumstances, even when California might not otherwise have authority to make the initial custody decision. The resulting order may provide immediate protection, but whether California can later make permanent custody orders depends on the UCCJEA, existing proceedings in other states, and the child’s developing home-state status.