Emergency Custody When Arizona Lacks Jurisdiction
There are some important exceptions built into the Uniform Child Custody Jurisdiction and Enforcement Act in emergency situations.
If a custody case involves an emergency situation that places a child in imminent danger of harm, such a child being abandoned or abused, a court in Arizona that otherwise lacks jurisdiction to enter a child custody order may still enter an emergency temporary child custody order to protect a child.
However, in order to protect against more than one state court exercising child custody jurisdiction, the emergency orders are always temporary.
The UCCJEA makes it clear that emergency temporary orders are only allowed to be issued by a state court judge who otherwise lacks jurisdiction over the child custody issues on a temporary basis until such time the parents can address those issues in the state that actually has jurisdiction over the child custody issues.
For example, if the parents and child live in California but are on vacation in Arizona and an emergency arises, the Arizona court may issue an emergency temporary child custody order for only as much time as it would reasonably take for the parents to return to California to address the child custody issues since California is the only court that would have jurisdiction over child custody issues.
When a parent returns to their home state, either parent may then file a child custody action to modify the child custody order issued in the state that lacked jurisdiction over the child custody issues but issued the emergency child custody order. Also, the court that issued the emergency child custody order must notify the court that has jurisdiction over the child custody issues of the issuance of the emergency temporary child custody order.
Call the experienced Scottsdale and Phoenix Arizona family law attorneys at (480)305-8300 at Hildebrand Law, PC to learn more about an emergency child custody order when Arizona lacks jurisdiction over child custody decisions.
Chris Hildebrand wrote this article about an emergency child custody order when Arizona lacks jurisdiction over child custody decisions to ensure everyone has access to information about child custody laws in Arizona. Chris is a family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a child custody case should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through.