(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and (1) the child has been abandoned, or (2) it is necessary in an emergency to protect the child because the child, a sibling or a parent has been, or is under a threat of being, abused or mistreated. As used in this subsection with respect to a child, “abused” has the same meaning as provided in section
46b-120.
(b) If there is no previous child custody determination that is enforceable under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under a provision substantially similar to section 46b-115k, 46b-115l or 46b-115m, 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 substantially similar to section 46b-115k, 46b-115l or 46b-115m. A child custody determination made under this section shall be a final determination if: (1) A child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under a provision substantially similar to section 46b-115k, 46b-115l or 46b-115m; (2) this state has become the home state of the child; and (3) the child custody determination provides that it is a final determination.
(c) If there is a previous child custody determination that is enforceable under this chapter or if a child custody proceeding has been commenced in a court of a state having jurisdiction under a provision substantially similar to section 46b-115k, 46b-115l or 46b-115m, the court of this state which issues an order pursuant to this section shall specify that such order is effective for a period of time which the court deems adequate to allow the person seeking an order to obtain such order from the other state which has jurisdiction. Such order shall be effective for that period of time specified in the order or until an order is obtained from the other state whichever occurs first.
(d) If the court, in any proceeding commenced pursuant to this section, is informed that a child custody proceeding has been commenced, or that a child custody determination has been made, by a court of another state having jurisdiction pursuant to a provision substantially similar to section 46b-115k, 46b-115l or 46b-115m, such court shall immediately communicate with the court of the other state and take appropriate action, including the making of temporary orders for a specified period of time, to resolve the emergency and to protect the safety of the child and the parties.
(P.A. 99-185, S. 15, 40; P.A. 14-122, S. 184.)
History: P.A. 99-185 effective July 1, 2000; P.A. 14-122 made technical changes in Subsec. (a).
Subsec. (b):
“Final determination” for the purposes of Subsec. means a final determination of jurisdiction, and a child custody determination made pursuant to the court's temporary emergency jurisdiction under section can become a final determination of jurisdiction when the conditions set forth in Subsec. are met. 212 CA 161.
Notes of Decisions
Cited in
12
cases (
3 in the last 5 years), 2003–2024 · leading case:
Daniels v. Alander, 818 A.2d 106 (Conn. App. Ct. 2003).
Daniels v. Alander, 818 A.2d 106 (Conn. App. Ct. 2003).
· cites it 8× “The court possessed temporary emergency jurisdiction to modify the child custody determination made by the court in New Jersey by virtue of General Statutes § 46b-115n after it found the conditions set forth therein to have been present.”
Daniels v. Alander, 844 A.2d 182 (Conn. 2004).
· cites it 6× “In deciding the ex parte emergency custody application, the trial court first had to determine whether Connecticut had jurisdiction over the matter, and if so, whether it nevertheless should decline to exercise that jurisdiction, pursuant to General Statutes §§ 46b-115n 7 and…”
De Almeida-Kennedy v. Kennedy, 207 Conn. App. 244 (Conn. App. Ct. 2021).
· cites it 3× “17 In light of that conclusion, we do not consider the question of whether the trial court, in the first instance, possessed temporary emergency jurisdic- tion pursuant to General Statutes § 46b-115n (a) to issue the November 27, 2018 ex parte order when the minor children…”
Temlock v. Temlock, 898 A.2d 209 (Conn. App. Ct. 2006).
· cites it 2× “3 When making its determination, the court relied on the following provision of General Statutes § 46b-115k (a), which provides in relevant part: “Except as otherwise provided in section 46b-115n, a court of this state has jurisdiction to make an initial child custody…”
In re Natalie S., 163 A.3d 1189 (Conn. 2017).
· cites it 2× “" 6 General Statutes § 46b-115k provides: "(a) Except as otherwise provided in section 46b-115n, a court of this state has jurisdiction to make an initial child custody determination if: "(1) This state is the home state of the child on the date of the commencement of the child…”
In Re Iliana M., 38 A.3d 130 (Conn. App. Ct. 2012).
“3 Specifically, § 46b-115k (a) provides in relevant part: “Except as otherwise provided in section 46b-115n, a court of this state has jurisdiction to make an *393 initial child custody determination if .”
In re Teagan K.-O. (Conn. App. Ct. 2022).
· cites it 47× “On August 26, 2020, the petitioner filed a motion for order regarding jurisdiction, in which she asked the court to find that it had jurisdiction over Teagan’s case, including the pending petition for termination of paren- tal rights pursuant to General Statutes § 46b-115n. The…”
Ammar I. v. Evelyn W., 227 Conn. App. 827 (Conn. App. Ct. 2024).
“3 ‘‘Section 46b-115k (a) (1) through (4) establishes a hierarchy of four bases that 3 General Statutes § 46b-115k (a) provides in relevant part: ‘‘Except as otherwise provided in section 46b-115n, a court of this state has jurisdiction to make an initial child custody…”
In re Teagan K.-O., 335 Conn. 745 (Conn. 2020).
· cites it 7× “Second, even if the present facts were sufficient to support Connecticut’s significant con- nection jurisdiction, Florida would be permitted to exercise jurisdiction under the UCCJEA’s temporary emergency jurisdiction provision, General Statutes § 46b-115n. Under that provision,…”
In re Teagan K.-O. (Conn. 2020).
· cites it 5× “See General Statutes § 46b-115k (c). 10 Indeed, when the UCCJEA contemplates jurisdiction depending on the presence of the minor child in the state, it says so specifically in its temporary emergency jurisdiction provision, codified at General Statutes § 46b-115n, which is…”
Parisi v. Niblett (Conn. App. Ct. 2020).
· cites it 4× “Section 46b-115m provides in relevant part: ‘‘(a) Except as otherwise provided in section 46b-115n, a court of this state may not modify a child custody deter- mination made by a court of another state unless a court of this state has jurisdiction to make an initial…”
Davis v. Kania, 836 A.2d 480 (Conn. Super. Ct. 2003).
“General Statutes § 46b-115k provides: “(a) Except as otheiwise provided in section 46b-115n, a court of this state has jurisdiction to make an initial child custody determination if: (1) This state is the home state of the child on the date of the commencement of the child…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.