CALIFORNIA FAMILY LAW
...Interstate Custody/UCCJEA
......Jurisdictional Issues
.........Emergency Jurisdiction
12 Cards On This Topic:

Temporary emergency UCCJEA jurisdiction.

UCCJEA not applicable to authorization of emergency medical care for a child.

Child abducted by H to U.S. must be returned to mother and habitual residence in Panama where there was no exception of grave risk of harm to C.

Juvenile ct. erred in assuming permanent jurisdiction over Cs without first contacting Mex. to allow it to decide whether or not to exercise home state jurisdiction.

Juvenile court properly took emergency jurisdiction of Cs whose mother was smuggling heroin from Mex., and orders remain in effect until Mex. is notified and a custody proceeding has began there.

When faced with “grave risk” exception, courts must fashion undertakings to ensure safety and quick return of child to habitual residence which do not require the cooperation of abducting parent.

Where no jurisdictional competition or conflict, juvenile court properly exercised emergency jurisdiction and CA was proper forum under UCCJEA when it declared C dependent and removed him from parental custody.

Court erred in awarding emergency custody to W and ordering Cs' return to Germany while failing to make factual findings on whether return would expose them to substantial risk of harm under Hague Convention exceptions.

Child who is a foreign national cannot be made the subject of the Cal. juvenile dependency law simply because Cal. offers better medical care than child's home state.

Cal. court's finding C abused by F, though not authorized by UCCJEA, included finding under UCCJEA that emergency existed; this sufficient to invoke emergency jurisdiction under UCCJEA.

Cal. court properly placed C with mother and terminated jurisdiction where no continuing emergency existed.

Although emergency jurisdiction is short-term and limited, it may continue past the plenary hearing so long as the reasons underlying the dependency continue to exist.