(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 Article and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under G.S. 50A-201 through G.S. 50A-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 G.S. 50A-201 through G.S. 50A-203. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under G.S. 50A-201 through G.S. 50A-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 Article, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under G.S. 50A-201 through G.S. 50A-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 G.S. 50A-201 through G.S. 50A-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 G.S. 50A-201 through G.S. 50A-203 shall immediately communicate with the other court. A court of this State which is exercising jurisdiction pursuant to G.S. 50A-201 through G.S. 50A-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. (1979, c. 110, s. 1; 1999-223, s. 3.)
Notes of Decisions
Cited in
67
cases (
22 in the last 5 years), 2000–2026 · leading case:
In Re Brode, 566 S.E.2d 858 (N.C. Ct. App. 2002).
In Re Brode, 566 S.E.2d 858 (N.C. Ct. App. 2002).
· cites it 27× “§ 50A-204(a), temporary emergency jurisdiction may be invoked by a court if a “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 ... is subjected to or threatened with mistreatment or abuse.”
In re: J.H., 780 S.E.2d 228 (N.C. Ct. App. 2015).
· cites it 13× “Temporary Emergency Jurisdiction under N.C. Gen.Stat. § 50A-204 A court may exercise temporary emergency jurisdiction "if the child is present *237 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…”
In re E.X.J., 662 S.E.2d 24 (N.C. Ct. App. 2008).
· cites it 18× “N.C. Gen. Stat. § 50A-204 is no different than § 50A-201(a)(1), which this Court noted "states only that certain circumstances must exist, not that the court specifically make findings to that effect.”
In re J.W.S., 669 S.E.2d 850 (N.C. Ct. App. 2008).
· cites it 27× “The trial court found that the North Carolina court had properly exercised emergency jurisdiction pursuant to N.C. Gen. Stat. § 50A-204 and that "[s]ince the issuance of the [trial court's] decision denying the motions to dismiss, the State of New York has not opted to exercise…”
Felipe Perez v. Lee Cissna, 914 F.3d 846 (4th Cir. 2019).
· cites it 11× “As to the custody order secured for Felipe from the Mecklenburg County district court, it is true, as the majority observes, that the order was entered under the district court’s temporary emergency powers pursuant to N.C. Gen. Stat. § 50A-204. See J.A. 127. That provision’s…”
In re M.B., 635 S.E.2d 8 (N.C. Ct. App. 2006).
· cites it 10× “On 17 June 2005, the trial court entered an order providing that: (1) temporary emergency jurisdiction existed under North Carolina General Statutes, section 50A-204 due to threats of mistreatment of M.”
In re N.T.U., 760 S.E.2d 49 (N.C. Ct. App. 2014).
· cites it 10× “N.C. Gen. Stat. § 50A-204 allows a North Carolina court to exercise 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.”
Quevedo-Woolf v. Overholser, 820 S.E.2d 817 (N.C. Ct. App. 2018).
· cites it 8× “N.C.G.S. § 50A-204. 7 This portion of the statute has since been amended.”
In re E.J., 738 S.E.2d 204 (N.C. Ct. App. 2013).
· cites it 12× “See N.C. Gen. Stat. § 50A-204. Under N.C.G.S.”
In re N.R.M., 598 S.E.2d 147 (N.C. Ct. App. 2004).
· cites it 4× “Similarly, N.C. Gen. Stat. § 50A-204 is not applicable because it provides North Carolina with temporary emergency jurisdiction “if the child is present in [North Carolina] and the child has been abandoned or it is necessary in an emergency to protect the child[.”
In re: T.R., 792 S.E.2d 197 (N.C. Ct. App. 2016).
· cites it 6× “3 We note that Respondent does not argue that the trial court lacked temporary emergency jurisdiction pursuant to N.C. Gen. Stat. § 50A-204 to enter its initial non-secure custody order.”
— N.C. Gen. Stat. § 50A-204(a) — 27 cases
Felipe Perez v. Lee Cissna, 914 F.3d 846 (4th Cir. 2019).
“As to the custody order secured for Felipe from the Mecklenburg County district court, it is true, as the majority observes, that the order was entered under the district court’s temporary emergency powers pursuant to N.C. Gen. Stat. § 50A-204. See J.A. 127. That provision’s…”
In Re Brode, 566 S.E.2d 858 (N.C. Ct. App. 2002).
“§ 50A-204(a), temporary emergency jurisdiction may be invoked by a court if a “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 ... is subjected to or threatened with mistreatment or abuse.”
In re J.W.S., 669 S.E.2d 850 (N.C. Ct. App. 2008).
“The trial court found that the North Carolina court had properly exercised emergency jurisdiction pursuant to N.C. Gen. Stat. § 50A-204 and that "[s]ince the issuance of the [trial court's] decision denying the motions to dismiss, the State of New York has not opted to exercise…”
In re: J.H., 780 S.E.2d 228 (N.C. Ct. App. 2015).
“Temporary Emergency Jurisdiction under N.C. Gen.Stat. § 50A-204 A court may exercise temporary emergency jurisdiction "if the child is present *237 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…”
In re M.B., 635 S.E.2d 8 (N.C. Ct. App. 2006).
“On 17 June 2005, the trial court entered an order providing that: (1) temporary emergency jurisdiction existed under North Carolina General Statutes, section 50A-204 due to threats of mistreatment of M.”
— N.C. Gen. Stat. § 50A-204(b) — 7 cases
In re E.X.J., 662 S.E.2d 24 (N.C. Ct. App. 2008).
“N.C. Gen. Stat. § 50A-204 is no different than § 50A-201(a)(1), which this Court noted "states only that certain circumstances must exist, not that the court specifically make findings to that effect.”
Felipe Perez v. Lee Cissna, 914 F.3d 846 (4th Cir. 2019).
“As to the custody order secured for Felipe from the Mecklenburg County district court, it is true, as the majority observes, that the order was entered under the district court’s temporary emergency powers pursuant to N.C. Gen. Stat. § 50A-204. See J.A. 127. That provision’s…”
In Re Exj, 662 S.E.2d 24 (N.C. Ct. App. 2008).
— N.C. Gen. Stat. § 50A-204(c) — 6 cases
In Re Brode, 566 S.E.2d 858 (N.C. Ct. App. 2002).
“§ 50A-204(a), temporary emergency jurisdiction may be invoked by a court if a “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 ... is subjected to or threatened with mistreatment or abuse.”
In re: J.H., 780 S.E.2d 228 (N.C. Ct. App. 2015).
“Temporary Emergency Jurisdiction under N.C. Gen.Stat. § 50A-204 A court may exercise temporary emergency jurisdiction "if the child is present *237 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…”
In re J.W.S., 669 S.E.2d 850 (N.C. Ct. App. 2008).
“The trial court found that the North Carolina court had properly exercised emergency jurisdiction pursuant to N.C. Gen. Stat. § 50A-204 and that "[s]ince the issuance of the [trial court's] decision denying the motions to dismiss, the State of New York has not opted to exercise…”
In re E.J., 738 S.E.2d 204 (N.C. Ct. App. 2013).
“See N.C. Gen. Stat. § 50A-204. Under N.C.G.S.”
— N.C. Gen. Stat. § 50A-204(d) — 5 cases
In re J.W.S., 669 S.E.2d 850 (N.C. Ct. App. 2008).
“The trial court found that the North Carolina court had properly exercised emergency jurisdiction pursuant to N.C. Gen. Stat. § 50A-204 and that "[s]ince the issuance of the [trial court's] decision denying the motions to dismiss, the State of New York has not opted to exercise…”
In Re Brode, 566 S.E.2d 858 (N.C. Ct. App. 2002).
“§ 50A-204(a), temporary emergency jurisdiction may be invoked by a court if a “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 ... is subjected to or threatened with mistreatment or abuse.”
In re: J.H., 780 S.E.2d 228 (N.C. Ct. App. 2015).
“Temporary Emergency Jurisdiction under N.C. Gen.Stat. § 50A-204 A court may exercise temporary emergency jurisdiction "if the child is present *237 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…”
In Re Jws, 669 S.E.2d 850 (N.C. Ct. App. 2008).
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