State Codes and Statutes

Statutes > Virginia > Title-20 > Chapter-7-1 > 20-146-15

§ 20-146.15. Temporary emergency jurisdiction.

A. A court of this Commonwealth has temporary emergency jurisdiction if thechild is present in this Commonwealth and the child has been abandoned or ifit is necessary in an emergency to protect the child because the child, or asibling or parent of the child, is subjected to mistreatment or abuse orplaced in reasonable apprehension of mistreatment or abuse or there isreasonable apprehension that such person is threatened with mistreatment orabuse.

B. If there is no previous child custody determination that is entitled to beenforced under this act and a child custody proceeding has not been commencedin a court of a state having jurisdiction under §§ 20-146.12, 20-146.13 or §20-146.14, a child custody determination made under this section remains ineffect until an order is obtained from a court of a state having jurisdictionunder §§ 20-146.12, 20-146.13 or § 20-146.14. If a child custody proceedinghas not been or is not commenced in a court of a state having jurisdictionunder §§ 20-146.12, 20-146.13 or § 20-146.14, a child custody determinationmade under this section becomes a final determination, if it so provides andthis Commonwealth becomes the home state of the child.

C. If there is a previous child custody determination that is entitled to beenforced under this act, or a child custody proceeding has been commenced ina court of a state having jurisdiction under §§ 20-146.12, 20-146.13 or §20-146.14, any order issued by a court of this Commonwealth under thissection must specify in the order a period that the court considers adequateto allow the person seeking an order to obtain an order from the state havingjurisdiction. The order issued in this Commonwealth remains in effect untilan order is obtained from the other state within the period specified oruntil the period expires.

D. A court of this Commonwealth that has been asked to make a child custodydetermination under this section, upon being informed that a child custodyproceeding has been commenced in, or a child custody determination has beenmade by, a court of a state having jurisdiction under §§ 20-146.12, 20-146.13or § 20-146.14, shall immediately communicate with the other court. A courtof this Commonwealth that is exercising jurisdiction pursuant to §§20-146.12, 20-146.13 or § 20-146.14, upon being informed that a child custodyproceeding has been commenced in, or a child custody determination has beenmade by, a court of another state under a statute similar to this section,shall immediately communicate with the court of that state to resolve theemergency, protect the safety of the parties and the child, and determine aperiod for the duration of the temporary order.

(2001, c. 305.)

State Codes and Statutes

Statutes > Virginia > Title-20 > Chapter-7-1 > 20-146-15

§ 20-146.15. Temporary emergency jurisdiction.

A. A court of this Commonwealth has temporary emergency jurisdiction if thechild is present in this Commonwealth and the child has been abandoned or ifit is necessary in an emergency to protect the child because the child, or asibling or parent of the child, is subjected to mistreatment or abuse orplaced in reasonable apprehension of mistreatment or abuse or there isreasonable apprehension that such person is threatened with mistreatment orabuse.

B. If there is no previous child custody determination that is entitled to beenforced under this act and a child custody proceeding has not been commencedin a court of a state having jurisdiction under §§ 20-146.12, 20-146.13 or §20-146.14, a child custody determination made under this section remains ineffect until an order is obtained from a court of a state having jurisdictionunder §§ 20-146.12, 20-146.13 or § 20-146.14. If a child custody proceedinghas not been or is not commenced in a court of a state having jurisdictionunder §§ 20-146.12, 20-146.13 or § 20-146.14, a child custody determinationmade under this section becomes a final determination, if it so provides andthis Commonwealth becomes the home state of the child.

C. If there is a previous child custody determination that is entitled to beenforced under this act, or a child custody proceeding has been commenced ina court of a state having jurisdiction under §§ 20-146.12, 20-146.13 or §20-146.14, any order issued by a court of this Commonwealth under thissection must specify in the order a period that the court considers adequateto allow the person seeking an order to obtain an order from the state havingjurisdiction. The order issued in this Commonwealth remains in effect untilan order is obtained from the other state within the period specified oruntil the period expires.

D. A court of this Commonwealth that has been asked to make a child custodydetermination under this section, upon being informed that a child custodyproceeding has been commenced in, or a child custody determination has beenmade by, a court of a state having jurisdiction under §§ 20-146.12, 20-146.13or § 20-146.14, shall immediately communicate with the other court. A courtof this Commonwealth that is exercising jurisdiction pursuant to §§20-146.12, 20-146.13 or § 20-146.14, upon being informed that a child custodyproceeding has been commenced in, or a child custody determination has beenmade by, a court of another state under a statute similar to this section,shall immediately communicate with the court of that state to resolve theemergency, protect the safety of the parties and the child, and determine aperiod for the duration of the temporary order.

(2001, c. 305.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-20 > Chapter-7-1 > 20-146-15

§ 20-146.15. Temporary emergency jurisdiction.

A. A court of this Commonwealth has temporary emergency jurisdiction if thechild is present in this Commonwealth and the child has been abandoned or ifit is necessary in an emergency to protect the child because the child, or asibling or parent of the child, is subjected to mistreatment or abuse orplaced in reasonable apprehension of mistreatment or abuse or there isreasonable apprehension that such person is threatened with mistreatment orabuse.

B. If there is no previous child custody determination that is entitled to beenforced under this act and a child custody proceeding has not been commencedin a court of a state having jurisdiction under §§ 20-146.12, 20-146.13 or §20-146.14, a child custody determination made under this section remains ineffect until an order is obtained from a court of a state having jurisdictionunder §§ 20-146.12, 20-146.13 or § 20-146.14. If a child custody proceedinghas not been or is not commenced in a court of a state having jurisdictionunder §§ 20-146.12, 20-146.13 or § 20-146.14, a child custody determinationmade under this section becomes a final determination, if it so provides andthis Commonwealth becomes the home state of the child.

C. If there is a previous child custody determination that is entitled to beenforced under this act, or a child custody proceeding has been commenced ina court of a state having jurisdiction under §§ 20-146.12, 20-146.13 or §20-146.14, any order issued by a court of this Commonwealth under thissection must specify in the order a period that the court considers adequateto allow the person seeking an order to obtain an order from the state havingjurisdiction. The order issued in this Commonwealth remains in effect untilan order is obtained from the other state within the period specified oruntil the period expires.

D. A court of this Commonwealth that has been asked to make a child custodydetermination under this section, upon being informed that a child custodyproceeding has been commenced in, or a child custody determination has beenmade by, a court of a state having jurisdiction under §§ 20-146.12, 20-146.13or § 20-146.14, shall immediately communicate with the other court. A courtof this Commonwealth that is exercising jurisdiction pursuant to §§20-146.12, 20-146.13 or § 20-146.14, upon being informed that a child custodyproceeding has been commenced in, or a child custody determination has beenmade by, a court of another state under a statute similar to this section,shall immediately communicate with the court of that state to resolve theemergency, protect the safety of the parties and the child, and determine aperiod for the duration of the temporary order.

(2001, c. 305.)