O.C.G.A.

O.C.G.A. § 19-9-84 (2019)

Authority to enter temporary orders if lacking jurisdiction; remedy from court with jurisdiction; victims of family violence

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:

(1) A visitation schedule made by a court of another state; or

(2) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.

(b) If a court of this state makes an order under paragraph (2) of subsection (a) of this Code section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Part 2 of this article. The order remains in effect until an order is obtained from the other court or the period expires.

(c) If a court of another state or a court of this state has made a finding of family violence on the part of either parent of the child, in issuing a temporary order enforcing a visitation schedule or the visitation provisions of a child custody determination of another state in accordance with subsection (a) of this Code section, a court of this state may enter any orders necessary to ensure the safety of the child and of any person who has been the victim of family violence, including but not limited to an order for supervised visitation pursuant to Code Section

History

Code 1981, § 19-9-84, enacted by Ga. L. 2001, p. 129, § 1.

Annotations

JUDICIAL DECISIONS Registration of foreign decree not required for enforcement. - Indiana parent was not entitled to mandatory notice of registration of an Indiana child custody decree under O.C.G.A. § 19-9-85 of the Uniform Child Custody Jurisdiction and Enforcement Act, O.C.G.A. § 19-9-40 et seq., before enforcement of the decree in

Georgia because the enforcement remedies were cumulative, O.C.G.A. § 19-983(b), and the mother sought enforcement under § 19-9-83 and O.C.G.A. § 19-9-88. Ward v. Smith, 334 Ga. App. 876, 780 S.E.2d 702, 2015 Ga. App. LEXIS 742 (2015).

Notes of Decisions

Cited in 1 case, 2015–2015 · leading case: Ward v. Smith, 780 S.E.2d 702 (Ga. Ct. App. 2015).

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Ward v. Smith, 780 S.E.2d 702 (Ga. Ct. App. 2015). · cites it 2× “Further, OCGA § 19-9-83 provides that Georgia courts “shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this article” and “may utilize any remedy available under other…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.