23-37,204. Temporary emergency jurisdiction. (UCCJEA 204). (a) 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.
(b) If there is no previous child-custody determination that is entitled to be enforced under this act and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under K.S.A. 2021 Supp. 23-37,201 through 23-37,203, and amendments thereto, 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 K.S.A. 2021 Supp. 23-37,201 through 23-37,203, and amendments thereto. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under K.S.A. 2021 Supp. 23-37,201 through 23-37,203, and amendments thereto, 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.
(c) If there is a previous child-custody determination that is entitled to be enforced under this act, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under K.S.A. 2021 Supp. 23-37,201 through 23-37,203, and amendments thereto, 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 K.S.A. 2021 Supp. 23-37,201 through 23-37,203, and amendments thereto. 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.
(d) 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 K.S.A. 2021 Supp. 23-37,201 through 23-37,203, and amendments thereto, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to K.S.A. 2021 Supp. 23-37,201 through 23-37,203, and amendments thereto, 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.
History: L. 2000, ch. 171, ยง 46; July 1.
Structure Kansas Statutes
Chapter 23 - Kansas Family Law Code-revised
Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea)
23-37,103 Proceeding governed by other law.
23-37,104 Application to Indian tribes.
23-37,105 International application of act.
23-37,106 Effect of child-custody determination.
23-37,108 Notice to persons outside state.
23-37,109 Appearance and limited immunity.
23-37,110 Communication between courts.
23-37,111 Taking testimony in another state.
23-37,112 Cooperation between courts; preservation of records.
23-37,201 Initial child-custody jurisdiction.
23-37,202 Exclusive, continuing jurisdiction.
23-37,203 Jurisdiction to modify determination.
23-37,204 Temporary emergency jurisdiction.
23-37,205 Notice; opportunity to be heard; joinder.
23-37,206 Simultaneous proceedings.
23-37,208 Jurisdiction declines by reason of conduct.
23-37,209 Information to be submitted to court.
23-37,210 Appearance to parties and child.
23-37,301 Definitions; enforcement.
23-37,302 Enforcement under Hague Convention.
23-37,304 Temporary visitation.
23-37,305 Registration of child-custody determination.
23-37,306 Enforcement of registered determination.
23-37,307 Simultaneous proceedings.
23-37,308 Expedited enforcement of child-custody determination.
23-37,309 Service of petition and order.
23-37,311 Warrant to take physical custody of child.
23-37,312 Costs, fees, and expenses.
23-37,313 Recognition and enforcement.
23-37,316 Role of law enforcement.
23-37,401 Application and construction.