(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. A court of this state may exercise temporary emergency jurisdiction during the pendency of an appeal of a child-custody determination.
(2) If there is no previous child-custody determination that is entitled to be enforced under this article and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under a provision of law adopted by that state that is in substantial conformity with sections 14-13-201 to 14-13-203, 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 a provision of law adopted by that state that is in substantial conformity with sections 14- 13-201 to 14-13-203. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under a provision of law adopted by that state that is in substantial conformity with sections 14-13-201 to 14-13-203, 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 article, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under a provision of law adopted by that state that is in substantial conformity with sections 14-13-201 to 14-13-203, 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 a provision of law adopted by that state that is in substantial conformity with sections 14-13-201 to 14-13-203. 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 that 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 a provision of law adopted by that state that is in substantial conformity with sections 14-13-201 to 14-13-203, shall immediately communicate with the other court. A court of this state that is exercising jurisdiction pursuant to sections 14-13-201 to 14-13-203, 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.
Source: L. 2000: Entire article R&RE, p. 1525, § 1, effective July 1. L. 2021: (1) amended, (HB 21-1031), ch. 116, p. 450, § 5, effective May 7. Editor's note: (1) This section is similar to former § 14-13-104 as it existed prior to 2000.
(2) Section 8 of chapter 116 (HB 21-1031), Session Laws of Colorado 2021, provides that the act changing this section applies to any request to modify an order appealed on, after, or before May 7, 2021.
Cross references: For the legislative declaration in HB 21-1031, see section 1 of chapter 116, Session Laws of Colorado 2021.
Notes of Decisions
Cited in
24
cases (
10 in the last 5 years), 2004–2025 · leading case:
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
· cites it 18× “” § 14-13-204(1), C.R.S. (2020). 11 ¶26 Second, when those conditions aren’t met, a court can assert non-emergency jurisdiction “only if” it successfully navigates one of the four paths to jurisdiction from section 14-13-201(1), C.”
In Re State Ex Rel. MC, 94 P.3d 1220 (Colo. Ct. App. 2004).
· cites it 11× “Simultaneous Proceedings Father contends that, apart from temporary emergency jurisdiction, the magistrate lacked subject matter jurisdiction under the UCCJEA to hear the dependency and neglect proceeding.”
In re the Parental Responsibilities Concerning T.L.B., 272 P.3d 1148 (Colo. Ct. App. 2012).
· cites it 7× “Therefore, the trial court further determined that Colorado could exercise only temporary emergency jurisdiction under section 14-13-204. 123 Mother argues, however, that Colorado's subject matter jurisdiction to determine parental responsibilities for the children was…”
Of Mmv, 2020 COA 94 (Colo. Ct. App. 2020).
· cites it 3× “Accordingly, absent temporary emergency jurisdiction under section 14-13-204, C.R.S. 2019, a Colorado court may only modify a custody order issued by an out-of-state court under limited circumstances.”
People in re M.S, 2017 COA 60 (Colo. Ct. App. 2017).
· cites it 3× “Accordingly, absent temporary emergency jurisdiction under section 14-13-204, C.R.S. 2016, a Colorado court may only modify a custody order issued by an out-of-state court under limited circumstances.”
in Interest of A.B-A, 2019 COA 125 (Colo. Ct. App. 2019).
· cites it 6× “¶ 12 Notwithstanding a prior, enforceable foreign child custody order, however, a Colorado court may exercise temporary emergency jurisdiction to protect a child who is present in Colorado from mistreatment, abuse, or abandonment.”
In the Interest of Madrone, 290 P.3d 478 (Colo. 2012).
· cites it 5× “The requirements for temporary emergency jurisdiction are outlined in section 14-13-204, C.R.S. (2012). . - The record before us indicates that Lorrena has filed a petition in Oregon to dissolve the relationship, but did not include a request for a determination of allocation of…”
in Interest of S.A.G, 2020 COA 45 (Colo. Ct. App. 2020).
· cites it 11× “To answer the question of which state could “best decide” this case, we must compare section 14-13-204, C.R.S. 2019, which confers temporary 6 emergency jurisdiction, with section 14-13-201, C.”
People ex rel. C.L.T., 405 P.3d 510 (Colo. Ct. App. 2017).
· cites it 8× “The court’s temporary emergency jurisdiction under section 14-13-204 shall remain -in place pending the court’s determination as to whether it has jurisdiction to enter a permanent order.”
In re Interest of L.B., 413 P.3d 176 (Colo. Ct. App. 2017).
· cites it 21× “Section 14-13-204, C.R.S. 2016, on the other hand, speaks in terms of the court's emergency jurisdiction over children.”
Marriage of Brandt v. Brandt, 268 P.3d 406 (Colo. 2012).
· cites it 2× “Although not relevant to this case, a new state may also modify a child-custody order if it assumes temporary emergency jurisdiction as provided for in section 14-13-204. . In In re A.B.A.M., the Montana Supreme Court relied heavily on the record developed during hearings on the…”
— Colo. Rev. Stat. § 14-13-204(1) — 13 cases
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
“” § 14-13-204(1), C.R.S. (2020). 11 ¶26 Second, when those conditions aren’t met, a court can assert non-emergency jurisdiction “only if” it successfully navigates one of the four paths to jurisdiction from section 14-13-201(1), C.”
In re the Parental Responsibilities Concerning T.L.B., 272 P.3d 1148 (Colo. Ct. App. 2012).
“Therefore, the trial court further determined that Colorado could exercise only temporary emergency jurisdiction under section 14-13-204. 123 Mother argues, however, that Colorado's subject matter jurisdiction to determine parental responsibilities for the children was…”
In Re State Ex Rel. MC, 94 P.3d 1220 (Colo. Ct. App. 2004).
“Simultaneous Proceedings Father contends that, apart from temporary emergency jurisdiction, the magistrate lacked subject matter jurisdiction under the UCCJEA to hear the dependency and neglect proceeding.”
People ex rel. C.L.T., 405 P.3d 510 (Colo. Ct. App. 2017).
“The court’s temporary emergency jurisdiction under section 14-13-204 shall remain -in place pending the court’s determination as to whether it has jurisdiction to enter a permanent order.”
In re Interest of L.B., 413 P.3d 176 (Colo. Ct. App. 2017).
“Section 14-13-204, C.R.S. 2016, on the other hand, speaks in terms of the court's emergency jurisdiction over children.”
— Colo. Rev. Stat. § 14-13-204(2) — 3 cases
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
“” § 14-13-204(1), C.R.S. (2020). 11 ¶26 Second, when those conditions aren’t met, a court can assert non-emergency jurisdiction “only if” it successfully navigates one of the four paths to jurisdiction from section 14-13-201(1), C.”
in Interest of S.A.G, 2020 COA 45 (Colo. Ct. App. 2020).
“To answer the question of which state could “best decide” this case, we must compare section 14-13-204, C.R.S. 2019, which confers temporary 6 emergency jurisdiction, with section 14-13-201, C.”
In re Interest of L.B., 413 P.3d 176 (Colo. Ct. App. 2017).
“Section 14-13-204, C.R.S. 2016, on the other hand, speaks in terms of the court's emergency jurisdiction over children.”
— Colo. Rev. Stat. § 14-13-204(3) — 4 cases
In Re State Ex Rel. MC, 94 P.3d 1220 (Colo. Ct. App. 2004).
“Simultaneous Proceedings Father contends that, apart from temporary emergency jurisdiction, the magistrate lacked subject matter jurisdiction under the UCCJEA to hear the dependency and neglect proceeding.”
in Interest of A.B-A, 2019 COA 125 (Colo. Ct. App. 2019).
“¶ 12 Notwithstanding a prior, enforceable foreign child custody order, however, a Colorado court may exercise temporary emergency jurisdiction to protect a child who is present in Colorado from mistreatment, abuse, or abandonment.”
In Re Tlb, 272 P.3d 1148 (Colo. Ct. App. 2012).
People, 94 P.3d 1216 (Colo. Ct. App. 2004).
— Colo. Rev. Stat. § 14-13-204(4) — 2 cases
in Int. of S.A.G, 2021 CO 38 (Colo. 2021).
“” § 14-13-204(1), C.R.S. (2020). 11 ¶26 Second, when those conditions aren’t met, a court can assert non-emergency jurisdiction “only if” it successfully navigates one of the four paths to jurisdiction from section 14-13-201(1), C.”
in Interest of A.B-A, 2019 COA 125 (Colo. Ct. App. 2019).
“¶ 12 Notwithstanding a prior, enforceable foreign child custody order, however, a Colorado court may exercise temporary emergency jurisdiction to protect a child who is present in Colorado from mistreatment, abuse, or abandonment.”
— Colo. Rev. Stat. § 14-13-204(8) — 1 case
In re the Parental Responsibilities Concerning T.L.B., 272 P.3d 1148 (Colo. Ct. App. 2012).
“Therefore, the trial court further determined that Colorado could exercise only temporary emergency jurisdiction under section 14-13-204. 123 Mother argues, however, that Colorado's subject matter jurisdiction to determine parental responsibilities for the children was…”
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