Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 7. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT · Part 2. Jurisdiction
Montana Code Annotated

Mont. Code Ann. § 40-7-204 (2026)

Temporary Emergency Jurisdiction

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 7
  4. Part 2
  5. 40-7-204 Temporary emergency jurisdiction

TITLE 40. FAMILY LAW

CHAPTER 7. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

Part 2. Jurisdiction

Temporary Emergency Jurisdiction

40-7-204. Temporary emergency jurisdiction. (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 chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under 40-7-201 through 40-7-203, 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 40-7-201 through 40-7-203. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under 40-7-201 through 40-7-203, 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 chapter or a child custody proceeding has been commenced in a court of a state having jurisdiction under 40-7-201 through 40-7-203, any 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 40-7-201 through 40-7-203. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or until 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 40-7-201 through 40-7-203, shall immediately communicate with the other court. A court of this state that is exercising jurisdiction pursuant to 40-7-201 through 40-7-203, 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. The purpose of the communication is to resolve the emergency, to protect the safety of the parties and the child, and to determine a period for the duration of the temporary order.

History: En. Sec. 24, Ch. 91, L. 1999.

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 2002–2024 · leading case: In Re Parenting of DAH, 2005 MT 68 (Mont. 2005).
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In Re Parenting of DAH, 2005 MT 68 (Mont. 2005). · cites it 10× “On February 6, 2004, the grandparents filed an emergency ex parte motion under § 40-7-204, MCA, in the First Judicial District Court of Montana, requesting that the District Court issue an order blocking the Maine Order to return the children.”
In re E.Y.R., 446 P.3d 1117 (Mont. 2019). · cites it 4× “It correctly noted Montana had temporary emergency jurisdiction and California was the home state pursuant to § 40-7-204, MCA, such that jurisdiction would need to continue in California unless counsel could point to an exception in the UCCJEA that permitted Montana to continue…”
In Re the Marriage of Vanlaarhoven, 2002 MT 222 (Mont. 2002). · cites it 11× “As indicated above, the Oregon court entered a parenting order pursuant to its temporary emergency jurisdiction provision which is identical to § 40-7-204, MCA. See Or. Rev. Stat. § 109.”
F.H. v. C.P.H., 2005 MT 68 (Mont. 2005). · cites it 10× “On February 6, 2004, the grandparents filed an emergency ex parte motion under § 40-7-204, MCA, in the First Judicial District Court of Montana, requesting that the District Court issue an order blocking the Maine Order to return the children.”
Paslov v. Cox, 2004 MT 325 (Mont. 2004). · cites it 6× “"Temporary emergency jurisdiction" is not provided by the PKPA, but, rather, is authority provided by the UCCJEA, which the Montana Legislature adopted in 1999, and which is codified at Section 40-7-204, MCA. The error here is the failure to recognize that American Samoa has not…”
In Re the Marriage of Fontenot, 2003 MT 242 (Mont. 2003). · cites it 2× “Section 40-7-107(2), MCA, specifically excludes from its provisions temporary emergency jurisdiction *303 proceedings under § 40-7-204, MCA. The copy of the Louisiana court’s order appended to Jacob’s brief indicates the Louisiana court took jurisdiction based on its…”
Parenting of L.D.C., 2022 MT 161 (Mont. 2022). · cites it 2× “2d at 130 , under the totality of the circumstances including, inter alia: (1) whether the state court has “temporary emergency jurisdiction” in accordance with § 40-7-204, MCA; (2) whether the state court has “continuing [state] jurisdiction” under the criteria specified in §…”
M. Rave. v. L. Wilson (Mont. 2020). · cites it 4× “" He contends further that the District Court violated § 40-7-204, MCA, part of Montana's adoption of the UCCJEA, by entering a permanent order of protection without recognizing the "temporary emergency jurisdictioe lirnitation that section provides when another state's court is…”
Matter of D.H., YINC, 2022 MT 37 (Mont. 2022). · cites it 3× “” Section 40-7-204(4), MCA. Here, the record is silent on whether the District Court contacted the South Carolina court and we therefore presume the District Court did not contact the South Carolina court before unilaterally deciding the emergency order was in effect until Child…”
Catalino v. Fredericksen, 2016 MT 144N (Mont. 2016). · cites it 2× “The District Court issued an order staying Mother’s motion and exercising temporary emergency jurisdiction pursuant to § 40-7-204, MCA. Concerned about Montana’s assumption of jurisdiction as the most appropriate forum for resolution of the action, the court stayed all further…”
McClure v. 20th Jud. Dist. Court (Mont. 2024). · cites it 2× “Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified at § 40-7-204(4), MCA, the District Court held a conference with the presiding Oklahoma judge, with the parties and their attorneys also appearing.”
Parenting of Strash, 2005 MT 143N (Mont. 2005). · cites it 2× “Jurisdiction of Parenting Rights ¶24 Citing § 40-7-204(4), MCA, Strash argues that the District Court lacked subject matter jurisdiction over the child custody case because the District Court failed to communicate with the Washington court.”
Show all 13 citing cases →
Mont. Code Ann. § 40-7-204(1): 3 cases
In Re Parenting of DAH, 2005 MT 68 (Mont. 2005). “On February 6, 2004, the grandparents filed an emergency ex parte motion under § 40-7-204, MCA, in the First Judicial District Court of Montana, requesting that the District Court issue an order blocking the Maine Order to return the children.”
In re E.Y.R., 446 P.3d 1117 (Mont. 2019). “It correctly noted Montana had temporary emergency jurisdiction and California was the home state pursuant to § 40-7-204, MCA, such that jurisdiction would need to continue in California unless counsel could point to an exception in the UCCJEA that permitted Montana to continue…”
F.H. v. C.P.H., 2005 MT 68 (Mont. 2005). “On February 6, 2004, the grandparents filed an emergency ex parte motion under § 40-7-204, MCA, in the First Judicial District Court of Montana, requesting that the District Court issue an order blocking the Maine Order to return the children.”
Mont. Code Ann. § 40-7-204(4): 6 cases
In Re Parenting of DAH, 2005 MT 68 (Mont. 2005). “On February 6, 2004, the grandparents filed an emergency ex parte motion under § 40-7-204, MCA, in the First Judicial District Court of Montana, requesting that the District Court issue an order blocking the Maine Order to return the children.”
In Re the Marriage of Vanlaarhoven, 2002 MT 222 (Mont. 2002). “As indicated above, the Oregon court entered a parenting order pursuant to its temporary emergency jurisdiction provision which is identical to § 40-7-204, MCA. See Or. Rev. Stat. § 109.”
F.H. v. C.P.H., 2005 MT 68 (Mont. 2005). “On February 6, 2004, the grandparents filed an emergency ex parte motion under § 40-7-204, MCA, in the First Judicial District Court of Montana, requesting that the District Court issue an order blocking the Maine Order to return the children.”
Matter of D.H., YINC, 2022 MT 37 (Mont. 2022). “” Section 40-7-204(4), MCA. Here, the record is silent on whether the District Court contacted the South Carolina court and we therefore presume the District Court did not contact the South Carolina court before unilaterally deciding the emergency order was in effect until Child…”
McClure v. 20th Jud. Dist. Court (Mont. 2024). “Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified at § 40-7-204(4), MCA, the District Court held a conference with the presiding Oklahoma judge, with the parties and their attorneys also appearing.”
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