UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT
Act 195 of 2001
722.1204 Temporary emergency jurisdiction; communication with out-of-state court; duration of order.
Sec. 204.
(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.
(2) If there is no previous child-custody determination that is entitled to be enforced under this act and if a child-custody proceeding has not been commenced in a court of a state having jurisdiction under sections 201 to 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 to 203. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 201 to 203, a child-custody determination made under this section becomes a final child-custody determination, if that is what the determination 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 act or if a child-custody proceeding has been commenced in a court of a state having jurisdiction under sections 201 to 203, an order issued by a court of this state under this section must specify in the order a period of time that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 201 to 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) If a court of this state that has been asked to make a child-custody determination under this section is informed that a child-custody proceeding has been commenced in, or that a child-custody determination has been made by, a court of a state having jurisdiction under sections 201 to 203, the court of this state shall immediately communicate with the other court. If a court of this state that is exercising jurisdiction under sections 201 to 203 is 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, the court of this state shall immediately communicate with the court of the other state. The purpose of a communication under this subsection is 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: 2001, Act 195, Eff. Apr. 1, 2002
Notes of Decisions
Cited in
22
cases (
7 in the last 5 years), 2003–2026 · leading case:
Atchison v. Atchison, 664 N.W.2d 249 (Mich. Ct. App. 2003).
Atchison v. Atchison, 664 N.W.2d 249 (Mich. Ct. App. 2003).
· cites it 2× “1203 provides: Except as otherwise provided in section 204 [MCL 722.1204], a court of this state shall not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial child-custody determination under…”
Vidyaarthy C Ramamoorthi v. Chinnaiah Ramamoorthi, 918 N.W.2d 191 (Mich. Ct. App. 2018).
· cites it 3× “1201, provides, in pertinent part: (1) Except as otherwise provided in [ MCL 722.1204 ], a court of this state has jurisdiction to make an initial child-custody determination only in the following situations: (a) This state is the home state of the child on the date of the…”
Cheesman v. Williams, 874 N.W.2d 385 (Mich. Ct. App. 2015).
“1201(1) provides: *152 Except as otherwise provided in [MCL 722.1204] [which concerns temporary emergency jurisdiction], a court of this state has jurisdiction to make an initial child-custody determination only in the following situations: (a) This state is the home state of…”
White v. Harrison-White, 760 N.W.2d 691 (Mich. Ct. App. 2008).
“1 MCL 722.1204 provides temporary emergency jurisdiction if the child has been abandoned or is threatened with mistreatment or abuse.”
Nash v. Salter, 760 N.W.2d 612 (Mich. Ct. App. 2008).
“1 Section 204, MCL 722.1204, provides for temporary emergency jurisdiction in a court of this state “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…”
Foster v. Wolkowitz, 785 N.W.2d 59 (Mich. 2010).
“15 MCL 722.1204(1) permits a state to exercise “temporary emergency jurisdiction” when a child has been abandoned or it is necessary to protect the child on an emergency basis because the child, his siblings, or his parent is “subjected to or threatened with mistreatment or…”
D in Re J Thornhill Minor (Mich. Ct. App. 2023).
· cites it 14× “As with any statute, MCL 722.1204 must be read as a whole (and not in separate parts) to determine its appropriate meaning and function.”
In Re J Thornhill Minor (Mich. Ct. App. 2023).
· cites it 7× “At the preliminary hearing, mother acknowledged that because Florida was JT’s home state, the case was governed by the UCCJEA, and specifically MCL 722.1204. Mother argued that because she was incarcerated on the filing date of the petition and JT’s legal father was present and…”
Rebecca Kay Richardson v. Cody James Snipes (Mich. Ct. App. 2026).
· cites it 7× “1201(1) and MCL 722.1204 provide “the exclusive jurisdictional bas[es] for making a child-custody determination by a court of this state.”
in Re N J Pender Minor (Mich. Ct. App. 2019).
· cites it 5× “1201(1) provides: Except as otherwise provided in [MCL 722.1204], [which concerns temporary emergency jurisdiction,] a court of this state has jurisdiction to make an initial child-custody determination only in the following situations: (a) This state is the home state of the…”
Bryce Welling v. Jessica Welling (Mich. Ct. App. 2025).
· cites it 5× “1201 to make an initial custody determination, MCL 722.1204 provides temporary, emergency jurisdiction in situations when a child is present in the state and the exercise of jurisdiction is necessary to protect the child, a sibling, or a parent from abuse or the threat of abuse.”
Robert Zalenski v. Sobeira Zalenski (Mich. Ct. App. 2018).
· cites it 4× “] 2 MCL 722.1204 (section 204) provides temporary emergency jurisdiction when a child is abandoned or threatened with mistreatment or abuse, MCL 722.”
— Mich. Comp. Laws § 722.1204(1) — 10 cases
Foster v. Wolkowitz, 785 N.W.2d 59 (Mich. 2010).
“15 MCL 722.1204(1) permits a state to exercise “temporary emergency jurisdiction” when a child has been abandoned or it is necessary to protect the child on an emergency basis because the child, his siblings, or his parent is “subjected to or threatened with mistreatment or…”
Vidyaarthy C Ramamoorthi v. Chinnaiah Ramamoorthi, 918 N.W.2d 191 (Mich. Ct. App. 2018).
“1201, provides, in pertinent part: (1) Except as otherwise provided in [ MCL 722.1204 ], a court of this state has jurisdiction to make an initial child-custody determination only in the following situations: (a) This state is the home state of the child on the date of the…”
D in Re J Thornhill Minor (Mich. Ct. App. 2023).
“As with any statute, MCL 722.1204 must be read as a whole (and not in separate parts) to determine its appropriate meaning and function.”
In Re J Thornhill Minor (Mich. Ct. App. 2023).
“At the preliminary hearing, mother acknowledged that because Florida was JT’s home state, the case was governed by the UCCJEA, and specifically MCL 722.1204. Mother argued that because she was incarcerated on the filing date of the petition and JT’s legal father was present and…”
— Mich. Comp. Laws § 722.1204(2) — 3 cases
in Re N J Pender Minor (Mich. Ct. App. 2019).
“1201(1) provides: Except as otherwise provided in [MCL 722.1204], [which concerns temporary emergency jurisdiction,] a court of this state has jurisdiction to make an initial child-custody determination only in the following situations: (a) This state is the home state of the…”
Bryce Welling v. Jessica Welling (Mich. Ct. App. 2025).
“1201 to make an initial custody determination, MCL 722.1204 provides temporary, emergency jurisdiction in situations when a child is present in the state and the exercise of jurisdiction is necessary to protect the child, a sibling, or a parent from abuse or the threat of abuse.”
— Mich. Comp. Laws § 722.1204(3) — 1 case
— Mich. Comp. Laws § 722.1204(4) — 4 cases
D in Re J Thornhill Minor (Mich. Ct. App. 2023).
“As with any statute, MCL 722.1204 must be read as a whole (and not in separate parts) to determine its appropriate meaning and function.”
Robert Zalenski v. Sobeira Zalenski (Mich. Ct. App. 2018).
“] 2 MCL 722.1204 (section 204) provides temporary emergency jurisdiction when a child is abandoned or threatened with mistreatment or abuse, MCL 722.”
In Re J Thornhill Minor (Mich. Ct. App. 2023).
“At the preliminary hearing, mother acknowledged that because Florida was JT’s home state, the case was governed by the UCCJEA, and specifically MCL 722.1204. Mother argued that because she was incarcerated on the filing date of the petition and JT’s legal father was present and…”
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