State Codes and Statutes

Statutes > North-carolina > Chapter_50A > GS_50A-204

§ 50A‑204.  Temporaryemergency jurisdiction.

(a)        A court of thisState has temporary emergency jurisdiction if the child is present in thisState and the child has been abandoned or it is necessary in an emergency toprotect the child because the child, or a sibling or parent of the child, issubjected to or threatened with mistreatment or abuse.

(b)        If there is noprevious child‑custody determination that is entitled to be enforcedunder this Article and a child‑custody proceeding has not been commencedin a court of a state having jurisdiction under G.S. 50A‑201 through G.S.50A‑203, a child‑custody determination made under this sectionremains in effect until an order is obtained from a court of a state havingjurisdiction under G.S. 50A‑201 through G.S. 50A‑203. If a child‑custodyproceeding has not been or is not commenced in a court of a state havingjurisdiction under G.S. 50A‑201 through G.S. 50A‑203, a child‑custodydetermination made under this section becomes a final determination if it soprovides, and this State becomes the home state of the child.

(c)        If there is aprevious child‑custody determination that is entitled to be enforcedunder this Article, or a child‑custody proceeding has been commenced in acourt of a state having jurisdiction under G.S. 50A‑201 through G.S. 50A‑203,any order issued by a court of this State under this section must specify inthe order a period that the court considers adequate to allow the personseeking an order to obtain an order from the state having jurisdiction underG.S. 50A‑201 through G.S. 50A‑203. The order issued in this Stateremains in effect until an order is obtained from the other state within theperiod specified or the period expires.

(d)        A court of thisState which has been asked to make a child‑custody determination underthis section, upon being informed that a child‑custody proceeding hasbeen commenced in, or a child‑custody determination has been made by, acourt of a state having jurisdiction under G.S. 50A‑201 through G.S. 50A‑203shall immediately communicate with the other court. A court of this State whichis exercising jurisdiction pursuant to G.S. 50A‑201 through G.S. 50A‑203,upon being informed that a child‑custody proceeding has been commencedin, or a child‑custody determination has been made by, a court of anotherstate under a statute similar to this section shall immediately communicatewith the court of that state to resolve the emergency, protect the safety ofthe parties and the child, and determine a period for the duration of thetemporary order. (1979, c. 110, s. 1; 1999‑223, s. 3.)

State Codes and Statutes

Statutes > North-carolina > Chapter_50A > GS_50A-204

§ 50A‑204.  Temporaryemergency jurisdiction.

(a)        A court of thisState has temporary emergency jurisdiction if the child is present in thisState and the child has been abandoned or it is necessary in an emergency toprotect the child because the child, or a sibling or parent of the child, issubjected to or threatened with mistreatment or abuse.

(b)        If there is noprevious child‑custody determination that is entitled to be enforcedunder this Article and a child‑custody proceeding has not been commencedin a court of a state having jurisdiction under G.S. 50A‑201 through G.S.50A‑203, a child‑custody determination made under this sectionremains in effect until an order is obtained from a court of a state havingjurisdiction under G.S. 50A‑201 through G.S. 50A‑203. If a child‑custodyproceeding has not been or is not commenced in a court of a state havingjurisdiction under G.S. 50A‑201 through G.S. 50A‑203, a child‑custodydetermination made under this section becomes a final determination if it soprovides, and this State becomes the home state of the child.

(c)        If there is aprevious child‑custody determination that is entitled to be enforcedunder this Article, or a child‑custody proceeding has been commenced in acourt of a state having jurisdiction under G.S. 50A‑201 through G.S. 50A‑203,any order issued by a court of this State under this section must specify inthe order a period that the court considers adequate to allow the personseeking an order to obtain an order from the state having jurisdiction underG.S. 50A‑201 through G.S. 50A‑203. The order issued in this Stateremains in effect until an order is obtained from the other state within theperiod specified or the period expires.

(d)        A court of thisState which has been asked to make a child‑custody determination underthis section, upon being informed that a child‑custody proceeding hasbeen commenced in, or a child‑custody determination has been made by, acourt of a state having jurisdiction under G.S. 50A‑201 through G.S. 50A‑203shall immediately communicate with the other court. A court of this State whichis exercising jurisdiction pursuant to G.S. 50A‑201 through G.S. 50A‑203,upon being informed that a child‑custody proceeding has been commencedin, or a child‑custody determination has been made by, a court of anotherstate under a statute similar to this section shall immediately communicatewith the court of that state to resolve the emergency, protect the safety ofthe parties and the child, and determine a period for the duration of thetemporary order. (1979, c. 110, s. 1; 1999‑223, s. 3.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_50A > GS_50A-204

§ 50A‑204.  Temporaryemergency jurisdiction.

(a)        A court of thisState has temporary emergency jurisdiction if the child is present in thisState and the child has been abandoned or it is necessary in an emergency toprotect the child because the child, or a sibling or parent of the child, issubjected to or threatened with mistreatment or abuse.

(b)        If there is noprevious child‑custody determination that is entitled to be enforcedunder this Article and a child‑custody proceeding has not been commencedin a court of a state having jurisdiction under G.S. 50A‑201 through G.S.50A‑203, a child‑custody determination made under this sectionremains in effect until an order is obtained from a court of a state havingjurisdiction under G.S. 50A‑201 through G.S. 50A‑203. If a child‑custodyproceeding has not been or is not commenced in a court of a state havingjurisdiction under G.S. 50A‑201 through G.S. 50A‑203, a child‑custodydetermination made under this section becomes a final determination if it soprovides, and this State becomes the home state of the child.

(c)        If there is aprevious child‑custody determination that is entitled to be enforcedunder this Article, or a child‑custody proceeding has been commenced in acourt of a state having jurisdiction under G.S. 50A‑201 through G.S. 50A‑203,any order issued by a court of this State under this section must specify inthe order a period that the court considers adequate to allow the personseeking an order to obtain an order from the state having jurisdiction underG.S. 50A‑201 through G.S. 50A‑203. The order issued in this Stateremains in effect until an order is obtained from the other state within theperiod specified or the period expires.

(d)        A court of thisState which has been asked to make a child‑custody determination underthis section, upon being informed that a child‑custody proceeding hasbeen commenced in, or a child‑custody determination has been made by, acourt of a state having jurisdiction under G.S. 50A‑201 through G.S. 50A‑203shall immediately communicate with the other court. A court of this State whichis exercising jurisdiction pursuant to G.S. 50A‑201 through G.S. 50A‑203,upon being informed that a child‑custody proceeding has been commencedin, or a child‑custody determination has been made by, a court of anotherstate under a statute similar to this section shall immediately communicatewith the court of that state to resolve the emergency, protect the safety ofthe parties and the child, and determine a period for the duration of thetemporary order. (1979, c. 110, s. 1; 1999‑223, s. 3.)