Virginia Code

Va. Code Ann. § 20-146.15 (2026)

Temporary emergency jurisdiction

✓ current as of May 2026

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A. A court of this Commonwealth has temporary emergency jurisdiction if the child is present in this Commonwealth and the child has been abandoned or if it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to mistreatment or abuse or placed in reasonable apprehension of mistreatment or abuse or there is reasonable apprehension that such person is 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 §§ 20-146.12, 20-146.13 or § 20-146.14, 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 §§ 20-146.12, 20-146.13 or § 20-146.14. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under §§ 20-146.12, 20-146.13 or § 20-146.14, a child custody determination made under this section becomes a final determination, if it so provides and this Commonwealth 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 §§ 20-146.12, 20-146.13 or § 20-146.14, any order issued by a court of this Commonwealth 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. The order issued in this Commonwealth remains in effect until an order is obtained from the other state within the period specified or until the period expires.

D. A court of this Commonwealth 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 §§ 20-146.12, 20-146.13 or § 20-146.14, shall immediately communicate with the other court. A court of this Commonwealth that is exercising jurisdiction pursuant to §§ 20-146.12, 20-146.13 or § 20-146.14, 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.

2001, c. 305.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 2003–2024 · leading case: Swalef v. Anderson.

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Swalef v. Anderson (Va. Ct. App. 2007). · cites it 4× “Therefore, he argues, Virginia retains custody over this issue under Code § 20-146.15. He also argues, as the Minnesota Court found wife "engaged in unjustifiable conduct,” under the principles of res judicata, this Court must find that no emergency existed when the White Earth…”

O'ROURKE v. Vuturo (Va. Ct. App. 2006). “12 provides, in pertment part, that Except as otherwise provided in § 20-146.15, a court of this Commonwealth has jurisdiction to make an imtial child custody determination only if: 1.”

Prizzia v. Prizzia (Va. Ct. App. 2011). “Except as otherwise provided in § 20-146.15 [the section providing for temporary emergency jurisdiction], a court of this Commonwealth has jurisdiction to make an initial child custody determination only if: 1.”

KI v. Dep't of Child. & Families (Fla. 4th DCA 2011). “(2010); Va.Code Ann. § 20-146.15 (2010). We affirm on all but one issue.”

Andrea S. Morrison v. Adam Morrison (Va. Ct. App. 2011). “That code section provides in relevant part, Except as otherwise provided in § 20-146.15 or by other law of this Commonwealth, if a court of this Commonwealth has jurisdiction under this act because a person seeking to invoke its jurisdiction has engaged in unjustifiable…”

Mark Bennett & Lisa Bennett v. Elizabeth Ann Bennett-Smith (Va. Ct. App. 2008). · cites it 19× “Code § 20-146.15 authorizes temporary emergency jurisdiction if the child is present in this Commonwealth and the child has been abandoned or if an emergency necessitates protecting the child.”

Cheryl Y. Parris v. Natasha Doctor & Harrivon S. Carpenter (Va. Ct. App. 2011). · cites it 13× “Parris contends the trial court erred (1) in holding that the Commonwealth of Virginia no longer enjoys exclusive, continuing jurisdiction of the case, (2) in holding that the Commonwealth of Virginia was not a convenient forum, and (3) in declining jurisdiction under Code §…”

Andrea Catherine Williams Key v. James Darren Key, II (Va. Ct. App. 2004). · cites it 8× “Code § 20-146.15, referenced in Code § 20-146.”

Thomas Lee Sowers v. Karen S. Walker (Va. Ct. App. 2011). · cites it 6× “Sowers asserts that Code § 20-146.15 allows Virginia to remain the child’s home state.”

Wendy S. Behnke v. Mark J. Behnke (Va. Ct. App. 2003). · cites it 3× “12(A) is "the exclusive jurisdictional basis for making a child custody determination by a court of this -5- Commonwealth," and the exceptions listed in Code § 20-146.15 are inapplicable here. Accordingly, we hold that the trial court erred in ruling it had jurisdiction to…”

Alison Helena Moroney v. Kelly Lynn Majerus (Va. Ct. App. 2024). “17(A) (“Except as otherwise provided in [Code] § 20-146.15, a court of this Commonwealth may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the -6- custody of the child has been previously commenced…”

Show all 13 citing cases →

— Va. Code Ann. § 20-146.15(A) — 2 cases

Cheryl Y. Parris v. Natasha Doctor & Harrivon S. Carpenter (Va. Ct. App. 2011). “Parris contends the trial court erred (1) in holding that the Commonwealth of Virginia no longer enjoys exclusive, continuing jurisdiction of the case, (2) in holding that the Commonwealth of Virginia was not a convenient forum, and (3) in declining jurisdiction under Code §…”

Andrea Catherine Williams Key v. James Darren Key, II (Va. Ct. App. 2004). “Code § 20-146.15, referenced in Code § 20-146.”

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