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under Section 209(a) [Me. cite section 1753, subsection 1] to | | inform the court about the temporary emergency proceeding. These | | pleading requirements are to be strictly followed so that the | | courts are able to resolve the emergency, protect the safety of the | | parties and the child, and determine a period for the duration of | | the temporary order. |
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| | | Relationship to the PKPA. The definition of emergency has | | been modified to harmonize it with the PKPA. The PKPA's | | definition of emergency jurisdiction does not use the term | | "neglect." It defines an emergency as "mistreatment or abuse." | | Therefore "neglect" has been eliminated as a basis for the | | assumption of temporary emergency jurisdiction. Neglect is so | | elastic a concept that it could justify taking emergency | | jurisdiction in a wide variety of cases. Under the PKPA, if a | | State exercised temporary emergency jurisdiction based on a | | finding that the child was neglected without a finding of | | mistreatment or abuse, the order would not be entitled to federal | | enforcement in other States. |
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| | | Relationship to Protective Order Proceedings. The UCCJA and | | the PKPA were enacted long before the advent of state procedures | | on the use of protective orders to alleviate problems of domestic | | violence. Issues of custody and visitation often arise within | | the context of protective order proceedings since the protective | | order is often invoked to keep one parent away from the other | | parent and the children when there is a threat of violence. This | | Act recognizes that a protective order proceeding will often be | | the procedural vehicle for invoking jurisdiction by authorizing a | | court to assume temporary emergency jurisdiction when the child's | | parent or sibling has been subjected to or threatened with | | mistreatment or abuse. |
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| | | In order for a protective order that contains a custody | | determination to be enforceable in another State it must comply | | with the provisions of this Act and the PKPA. Although the | | Violence Against Women's Act (VAWA), 18 U.S.C. § 2265, does | | provide an independent basis for the granting of full faith and | | credit to protective orders, it expressly excludes "custody" | | orders from the definition of "protective order," 22 U.S.C. § | | 2266. |
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| | | Many States authorize the issuance of protective orders in an | | emergency without notice and hearing. This Act does not address | | the propriety of that procedure. It is left to local law to | | determine the circumstances under which such an order could be | | issued, and the type of notice that is required, in a case | | without an interstate element. However, an order issued after | | the assumption of temporary emergency jurisdiction is entitled to | | interstate enforcement and nonmodification under this Act and the |
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