ILCS » Chapter 750 · Act 36
Illinois Compiled Statutes

750 ILCS 36/204 (2026)

Temporary Emergency Jurisdiction

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(750 ILCS 36/204)
    Sec. 204. Temporary Emergency Jurisdiction.
    (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 Sections 201 through 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 201 through 203. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Sections 201 through 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.
    (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 Sections 201 through 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 201 through 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.
    (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 Sections 201 through 203, shall immediately communicate with the other court. A court of this State which is exercising jurisdiction pursuant to Sections 201 through 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: P.A. 93-108, eff. 1-1-04.)

    
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2006–2021 · leading case: In Re Marriage of Diaz, 845 N.E.2d 935 (Ill. App. Ct. 2006).
Sort: Relevance Newest Treatment
In Re Marriage of Diaz, 845 N.E.2d 935 (Ill. App. Ct. 2006). “Within her August 8, 2005, response to Scott’s motion to dismiss, Katharine requested the trial court to assume temporary emergency jurisdiction over child custody pursuant to section 204 of the UCCJEA (750 ILCS 36/204 (West 2004)). On October 3, 2005, the trial court conducted…”
Agnieszka Kijowska v. Troy L. Haines, 463 F.3d 583 (7th Cir. 2006). “The Act forbids the stay of “an order enforcing a child-custody determination pending appeal” unless the court “enters a temporary emergency order,” which it can do only if “the child has been abandoned or it is necessary in an emergency to protect the child because the child,…”
In Re Sophia GL, 890 N.E.2d 470 (Ill. 2008). “See 750 ILCS 36/204 (West 2004). There is no dispute that Sophia was living in Illinois, not Indiana, when the custody proceeding in question was commenced.”
Cochran v. Lindeman, 890 N.E.2d 470 (Ill. 2008). “See 750 ILCS 36/204 (West 2004). There is no dispute that Sophia was living in Illinois, not Indiana, when the custody proceeding in question was commenced.”
Gorup v. Brady, 2015 IL App (5th) 150078 (Ill. App. Ct. 2015). · cites it 3× “" 750 ILCS 36/204(a) (West 2014). ¶ 23 Nevertheless, "[i]f there is a previous child-custody determination that is entitled to be enforced under this Act, *** any order issued by a court of this State under this Section must specify in the order a period that the court considers…”
Gorup v. Brady, 2015 IL App (5th) 150078 (Ill. App. Ct. 2016). · cites it 4× “” 750 ILCS 36/204(c) (West 2014). The court must also, “upon being informed that *** a child-custody determination has been made by[ ] a court of a state having jurisdiction ***[,] immediately communicate with the other court” “to resolve the emergency, protect the safety of the…”
Leroy K.D. v. Nicole B., 2021 IL App (3d) 200010 (Ill. App. Ct. 2021). “See 750 ILCS 36/204 (West 2018); Minn. Stat. § 518D.”
In re Est. of Mirabella S., 2018 IL App (3d) 180414 (Ill. App. Ct. 2018). · cites it 3× “” 750 ILCS 36/204(a) (West 2016). Where there has been a prior child custody determination entitled to enforcement, an order issued by the Illinois court under temporary emergency jurisdiction must specify “a period that the court considers adequate to allow the person seeking…”
In re Marriage of Diaz (Ill. App. Ct. 2006). “Within her August 8, 2005, response to Scott's motion to dismiss, Katharine requested the trial court to assume temporary emergency jurisdiction over child custody pursuant to section 204 of the UCCJEA (750 ILCS 36/204 (West 2004)). On October 3, 2005, the trial court conducted…”
— 750 ILCS 36/204(a) — 3 cases
Agnieszka Kijowska v. Troy L. Haines, 463 F.3d 583 (7th Cir. 2006). “The Act forbids the stay of “an order enforcing a child-custody determination pending appeal” unless the court “enters a temporary emergency order,” which it can do only if “the child has been abandoned or it is necessary in an emergency to protect the child because the child,…”
Gorup v. Brady, 2015 IL App (5th) 150078 (Ill. App. Ct. 2015). “" 750 ILCS 36/204(a) (West 2014). ¶ 23 Nevertheless, "[i]f there is a previous child-custody determination that is entitled to be enforced under this Act, *** any order issued by a court of this State under this Section must specify in the order a period that the court considers…”
In re Est. of Mirabella S., 2018 IL App (3d) 180414 (Ill. App. Ct. 2018). “” 750 ILCS 36/204(a) (West 2016). Where there has been a prior child custody determination entitled to enforcement, an order issued by the Illinois court under temporary emergency jurisdiction must specify “a period that the court considers adequate to allow the person seeking…”
— 750 ILCS 36/204(c) — 2 cases
Gorup v. Brady, 2015 IL App (5th) 150078 (Ill. App. Ct. 2016). “” 750 ILCS 36/204(c) (West 2014). The court must also, “upon being informed that *** a child-custody determination has been made by[ ] a court of a state having jurisdiction ***[,] immediately communicate with the other court” “to resolve the emergency, protect the safety of the…”
In re Est. of Mirabella S., 2018 IL App (3d) 180414 (Ill. App. Ct. 2018). “” 750 ILCS 36/204(a) (West 2016). Where there has been a prior child custody determination entitled to enforcement, an order issued by the Illinois court under temporary emergency jurisdiction must specify “a period that the court considers adequate to allow the person seeking…”
— 750 ILCS 36/204(d) — 3 cases
Gorup v. Brady, 2015 IL App (5th) 150078 (Ill. App. Ct. 2015). “" 750 ILCS 36/204(a) (West 2014). ¶ 23 Nevertheless, "[i]f there is a previous child-custody determination that is entitled to be enforced under this Act, *** any order issued by a court of this State under this Section must specify in the order a period that the court considers…”
Gorup v. Brady, 2015 IL App (5th) 150078 (Ill. App. Ct. 2016). “” 750 ILCS 36/204(c) (West 2014). The court must also, “upon being informed that *** a child-custody determination has been made by[ ] a court of a state having jurisdiction ***[,] immediately communicate with the other court” “to resolve the emergency, protect the safety of the…”
In re Est. of Mirabella S., 2018 IL App (3d) 180414 (Ill. App. Ct. 2018). “” 750 ILCS 36/204(a) (West 2016). Where there has been a prior child custody determination entitled to enforcement, an order issued by the Illinois court under temporary emergency jurisdiction must specify “a period that the court considers adequate to allow the person seeking…”
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.