Tennessee Code Annotated

Tenn. Code Ann. § 36-6-219 (2026)

Temporary emergency jurisdiction - Order enforcement - Communication with foreign courts

✓ current as of May 2026

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(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 part and a child custody proceeding has not been commenced in a court of a state having jurisdiction under §§ 36-6-216 - 36-6-218, 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 §§ 36-6-216 - 36-6-218. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under §§ 36-6-216 - 36-6-218, 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 part, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under §§ 36-6-216 - 36-6-218, 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 §§ 36-6-216 - 36-6-218. 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 §§ 36-6-216 - 36-6-218, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to §§ 36-6-216 - 36-6-218, 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.

Acts 1999, ch. 389, § 20.

Notes of Decisions

Cited in 55 cases (9 in the last 5 years), 1998–2026 · leading case: Button v. Waite, 208 S.W.3d 366 (Tenn. 2006).

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Button v. Waite, 208 S.W.3d 366 (Tenn. 2006). · cites it 26× “The Tennessee court's order states: A final determination of this Court’s jurisdiction is pretermitted pursuant to Tenn. Code Ann. § 36-6-219 . The Court finds that the child is still threatened with mistreatment or abuse if her treatment with [her current therapist] is…”

Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006). · cites it 4× “Tenn.Code Ann. § 36-6-219; accord Fla. Stat.”

State, Dep't of Child.'s Servs. v. T.M.B.K., 197 S.W.3d 282 (Tenn. Ct. App. 2006). · cites it 2× “] § 36-6-219, a court of this state has jurisdiction to make an initial child custody determination only if: (1) This state is the home state of the child on the date of the commencement of the proceeding[.”

P.E.K. v. J.M., 52 S.W.3d 653 (Tenn. Ct. App. 2001). · cites it 8× “Tenn.Code Ann. § 36-6-219(a). Ms. M. argues that the statute requires the presence of the child in the state, and that, because the child had already been removed, the court was without jurisdiction to enter a temporary emergency custody order.”

Pek v. Jm, 52 S.W.3d 653 (Tenn. Ct. App. 2001). · cites it 8× “Tenn.Code Ann. § 36-6-219(a). Ms. M. argues that the statute requires the presence of the child in the state, and that, because the child had already been removed, the court was without jurisdiction to enter a temporary emergency custody order.”

Steven D. v. Nicole J., 308 P.3d 875 (Alaska 2013). · cites it 2× “330(d); T.C.A. § 36-6-219(d); see also In re Ruff, 275 P.”

Kelso v. Decker, 262 S.W.3d 307 (Tenn. Ct. App. 2008). “§ 36-6-218 provides as follows regarding this issue: Except as otherwise provided in § 36-6-219 [regarding temporary emergency jurisdiction], a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has…”

In Re B.N.W. (Tenn. Ct. App. 2005). · cites it 12× “5 Added to these bases is Temporary Emergency Jurisdiction provided by Tenn.Code Ann. § 36-6-219. -19- (d) A court of this state may decline to exercise its jurisdiction under this part if a child-custody determination is incidental to an action for divorce or another proceeding…”

Steven A. Davis, Jr. v. April Dawn (Blackmon) Davis (Tenn. Ct. App. 2006). · cites it 9× “T.C.A. § 36-6-219; Ala. Code § 30 -3B-204 (emphasis added).”

Mark Miller v. Annie Miller (Tenn. Ct. App. 2015). · cites it 9× “24 ; Tenn. Code Ann. § 36-6-219 (2014) (same).”

Diane C. Hanson v. Gary D. Meadows (Tenn. Ct. App. 2016). · cites it 4× “See Tenn. Code Ann. § 36-6-219 (a). The trial court then dismissed the order of protection as to the children based on the finding that the children were not in any danger.”

Adedamola Olagoki Oni v. Cassondra Tucker Oni (Tenn. Ct. App. 2018). · cites it 4× “The provisions of the UCCJEA pertinent to this appeal are codified at Tennessee Code Annotated section 36-6-221(a) and (b); they read: (a) Except as otherwise provided in § 36-6-219,[6] a court of this state may not exercise its jurisdiction under this part if, at the time of…”

Show all 55 citing cases →

— Tenn. Code Ann. § 36-6-219(a) — 7 cases

Button v. Waite, 208 S.W.3d 366 (Tenn. 2006). “The Tennessee court's order states: A final determination of this Court’s jurisdiction is pretermitted pursuant to Tenn. Code Ann. § 36-6-219 . The Court finds that the child is still threatened with mistreatment or abuse if her treatment with [her current therapist] is…”

P.E.K. v. J.M., 52 S.W.3d 653 (Tenn. Ct. App. 2001). “Tenn.Code Ann. § 36-6-219(a). Ms. M. argues that the statute requires the presence of the child in the state, and that, because the child had already been removed, the court was without jurisdiction to enter a temporary emergency custody order.”

Pek v. Jm, 52 S.W.3d 653 (Tenn. Ct. App. 2001). “Tenn.Code Ann. § 36-6-219(a). Ms. M. argues that the statute requires the presence of the child in the state, and that, because the child had already been removed, the court was without jurisdiction to enter a temporary emergency custody order.”

Adedamola Olagoki Oni v. Cassondra Tucker Oni (Tenn. Ct. App. 2018). “The provisions of the UCCJEA pertinent to this appeal are codified at Tennessee Code Annotated section 36-6-221(a) and (b); they read: (a) Except as otherwise provided in § 36-6-219,[6] a court of this state may not exercise its jurisdiction under this part if, at the time of…”

Michael Miljenovic v. Sherri E. Miljenovic (Tenn. Ct. App. 2013).

— Tenn. Code Ann. § 36-6-219(b) — 1 case

— Tenn. Code Ann. § 36-6-219(c) — 1 case

— Tenn. Code Ann. § 36-6-219(d) — 3 cases

Steven D. v. Nicole J., 308 P.3d 875 (Alaska 2013). “330(d); T.C.A. § 36-6-219(d); see also In re Ruff, 275 P.”

Mark Miller v. Annie Miller (Tenn. Ct. App. 2015). “24 ; Tenn. Code Ann. § 36-6-219 (2014) (same).”

Steven A. Davis, Jr. v. April Dawn (Blackmon) Davis (Tenn. Ct. App. 2006). “T.C.A. § 36-6-219; Ala. Code § 30 -3B-204 (emphasis added).”

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