                                 CODE OF VIRGINIA

TEMPORARY EMERGENCY JURISDICTION (§ 20-146.15)

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 &#xA7;&#xA7; 20-146.12, 20-146.13
or &#xA7; 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 &#xA7;&#xA7; 20-146.12, 20-146.13 or &#xA7; 20-146.14. If a
child custody proceeding has not been or is not commenced in a court of a state
having jurisdiction under &#xA7;&#xA7; 20-146.12, 20-146.13 or &#xA7; 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 &#xA7;&#xA7; 20-146.12, 20-146.13 or
&#xA7; 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 &#xA7;&#xA7; 20-146.12,
20-146.13 or &#xA7; 20-146.14, shall immediately communicate with the other
court. A court of this Commonwealth that is exercising jurisdiction pursuant to
&#xA7;&#xA7; 20-146.12, 20-146.13 or &#xA7; 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.

HISTORY: 2001, c. 305.