§ 46b-115n — Temporary emergency jurisdiction.

Connecticut § 46b-115n

• Jurisdiction: Connecticut
• Title 46b: Family Law
• Ch. 815p: Uniform Child Custody Jurisdiction and Enforcement Act

Text

(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and (1) the child has been abandoned, or (2) it is necessary in an emergency to protect the child because the child, a sibling or a parent has been, or is under a threat of being, abused or mistreated. As used in this subsection with respect to a child, “abused” has the same meaning as provided in section 46b-120. (b) If there is no previous child custody determination that is enforceable under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under a provision substantially similar to section 46b-115k , 46b-115 l or 46b-115m , 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 substantially similar to section 46b-115k , 46b-115 l or 46b-115m . A child custody determination made under this section shall be a final determination if: (1) A child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under a provision substantially similar to section 46b-115k , 46b-115 l or 46b-115m ; (2) this state has become the home state of the child; and (3) the child custody determination provides that it is a final determination. (c) If there is a previous child custody determination that is enforceable under this chapter or if a child custody proceeding has been commenced in a court of a state having jurisdiction under a provision substantially similar to section 46b-115k , 46b-115 l or 46b-115m , the court of this state which issues an order pursuant to this section shall specify that such order is effective for a period of time which the court deems adequate to allow the person seeking an order to obtain such order from the other state which has jurisdiction. Such order shall be effective for that period of time specified in the order or until an order is obtained from the other state whichever occurs first. (d) If the court, in any proceeding commenced pursuant to this section, is informed that a child custody proceeding has been commenced, or that a child custody determination has been made, by a court of another state having jurisdiction pursuant to a provision substantially similar to section 46b-115k , 46b-115 l or 46b-115m , such court shall immediately communicate with the court of the other state and take appropriate action, including the making of temporary orders for a specified period of time, to resolve the emergency and to protect the safety of the child and the parties.

Legislative History

(P.A. 99-185, S. 15, 40; P.A. 14-122, S. 184.) History: P.A. 99-185 effective July 1, 2000; P.A. 14-122 made technical changes in Subsec. (a). Subsec. (b): “Final determination” for the purposes of Subsec. means a final determination of jurisdiction, and a child custody determination made pursuant to the court's temporary emergency jurisdiction under section can become a final determination of jurisdiction when the conditions set forth in Subsec. are met. 212 CA 161.