| | |
obtain an order from the state having jurisdiction under sections | | 1745 to 1747.__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.__Communication with court in another state.__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 sections 1745 to 1747, shall immediately | | communicate with the other court.__A court of this State that is | | exercising jurisdiction pursuant to sections 1745 to 1747, 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. |
|
| | | The provisions of this section are an elaboration of what was | | formerly Section 3(a)(3) of the UCCJA. It remains, as Professor | | Bodenheimer's comments to that section noted, "an extraordinary | | jurisdiction reserved for extraordinary circumstances." |
|
| | | This section codifies and clarifies several aspects of what | | has become common practice in emergency jurisdiction cases under | | the UCCJA and PKPA. First, a court may take jurisdiction to | | protect the child even though it can claim neither home State nor | | significant connection jurisdiction. Second, the duties of | | States to recognize, enforce and not modify a custody | | determination of another State do not take precedence over the | | need to enter a temporary emergency order to protect the child. |
|
| | | Third, a custody determination made under the emergency | | jurisdiction provisions of this section is a temporary order. | | The purpose of the order is to protect the child until the State | | that has jurisdiction under Sections 201-203 [Me. cite sections | | 1745 to 1747] enters an order. |
|
| | | Under certain circumstances, however, subsection (b) [Me. cite | | subsection 2] provides that an emergency custody determination | | may become a final custody determination. If there is no | | existing custody determination, and no custody proceeding is | | filed in a State with jurisdiction under Sections 201-203 [Me. | | cite sections 1745 to 1747], an emergency custody determination | | made under this | | section becomes a final determination, if it so |
|
|
