598B.204 Temporary emergency jurisdiction.
1. A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
2. If there is no previous child-custody determination that is entitled to be enforced under this chapter and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under sections 598B.201 through 598B.203, 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 sections 598B.201 through 598B.203. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 598B.201 through 598B.203, a child-custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.
3. If there is a previous child-custody determination that is entitled to be enforced under this chapter, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under sections 598B.201 through 598B.203, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 598B.201 through 598B.203. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
4. A court of this state which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under sections 598B.201 through 598B.203, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to sections 598B.201 through 598B.203, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
99 Acts, ch 103, §16; 2000 Acts, ch 1154, §36
Referred to in §598B.201, 598B.202, 598B.203, 598B.206, 598B.208, 598B.310, 598B.314
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 598B - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT
Section 598B.101 - Short title.
Section 598B.102 - Definitions.
Section 598B.103 - Proceedings governed by other law.
Section 598B.104 - Application to Indian tribes.
Section 598B.105 - International application.
Section 598B.106 - Effect of child-custody determination.
Section 598B.108 - Notice to persons outside state.
Section 598B.109 - Appearance and limited immunity.
Section 598B.110 - Communication between courts.
Section 598B.111 - Taking testimony in another state.
Section 598B.112 - Cooperation between courts — preservation of records.
Section 598B.201 - Initial child-custody jurisdiction.
Section 598B.202 - Exclusive, continuing jurisdiction.
Section 598B.203 - Jurisdiction to modify determination.
Section 598B.204 - Temporary emergency jurisdiction.
Section 598B.205 - Notice — opportunity to be heard — joinder.
Section 598B.206 - Simultaneous proceedings.
Section 598B.207 - Inconvenient forum.
Section 598B.208 - Jurisdiction declined by reason of conduct.
Section 598B.209 - Information to be submitted to court.
Section 598B.210 - Appearance of parties and child.
Section 598B.301 - Definitions.
Section 598B.302 - Enforcement under Hague convention.
Section 598B.303 - Duty to enforce.
Section 598B.304 - Temporary visitation.
Section 598B.305 - Registration of child-custody determination.
Section 598B.306 - Enforcement of registered determination.
Section 598B.307 - Simultaneous proceedings.
Section 598B.308 - Expedited enforcement of child-custody determination.
Section 598B.309 - Service of petition and order.
Section 598B.310 - Hearing and order.
Section 598B.311 - Warrant to take physical custody of child.
Section 598B.312 - Costs, fees, and expenses.
Section 598B.313 - Recognition and enforcement.
Section 598B.315 - Role of prosecutor.
Section 598B.316 - Role of law enforcement.
Section 598B.317 - Costs and expenses.