§ 14-13-204 — Temporary emergency jurisdiction

Colorado § 14-13-204

• Jurisdiction: Colorado
• Title 14: Domestic
• Art.: Uniform Child-custody Jurisdiction

Text

(1) A court of this state has
temporary emergency jurisdiction if the child is present in this state and the child
has been abandoned or it is necessary in an emergency to protect the child because
the child, or a sibling or parent of the child, is subjected to or threatened with
mistreatment or abuse. A court of this state may exercise temporary emergency
jurisdiction during the pendency of an appeal of a child-custody determination.

(2) If there is no previous child-custody determination that is entitled to be
enforced under this article and a child-custody proceeding has not been
commenced in a court of a state having jurisdiction under a provision of law
adopted by that state that is in substantial conformity with sections 14-13-201 to 14-13-203, a child-custody determination made under this section remains in effect
until an order is obtained from a court of a state having jurisdiction under a
provision of law adopted by that state that is in substantial conformity with sections
14-13-201 to 14-13-203. If a child-custody proceeding has not been or is not
commenced in a court of a state having jurisdiction under a provision of law
adopted by that state that is in substantial conformity with sections 14-13-201 to 14-13-203, a child-custody determination made under this section becomes a final
determination, if it so provides and this state becomes the home state of the child.

(3) If there is a previous child-custody determination that is entitled to be
enforced under this article, or a child-custody proceeding has been commenced in a
court of a state having jurisdiction under a provision of law adopted by that state
that is in substantial conformity with sections 14-13-201 to 14-13-203, any order
issued by a court of this state under this section must specify in the order a period
that the court considers adequate to allow the person seeking an order to obtain an
order from the state having jurisdiction under a provision of law adopted by that
state that is in substantial conformity with sections 14-13-201 to 14-13-203. The
order issued in this state remains in effect until an order is obtained from the other
state within the period specified or the period expires.

(4) A court of this state that has been asked to make a child-custody
determination under this section, upon being informed that a child-custody
proceeding has been commenced in, or a child-custody determination has been
made by, a court of a state having jurisdiction under a provision of law adopted by
that state that is in substantial conformity with sections 14-13-201 to 14-13-203,
shall immediately communicate with the other court. A court of this state that is
exercising jurisdiction pursuant to sections 14-13-201 to 14-13-203, upon being
informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute
similar to this section shall immediately communicate with the court of that state to
resolve the emergency, protect the safety of the parties and the child, and
determine a period for the duration of the temporary order.

Legislative History

Source: L. 2000: Entire article R&RE, p. 1525, � 1, effective July 1. L. 2021: (1) amended, (HB 21-1031), ch. 116, p. 450, � 5, effective May 7.