§ 15-14.1-16 - Temporary emergency jurisdiction. - Rhode Island Statutes

SECTION 15-14.1-16

   § 15-14.1-16  Temporary emergencyjurisdiction. – (a) A court of this state has temporary emergency jurisdiction if the child ispresent in this state and the child has been abandoned or it is necessary in anemergency to protect the child because the child, or a sibling or parent of thechild, is subjected to or threatened with mistreatment or abuse.

   (b) If there is no previous child custody determination thatis entitled to be enforced under this chapter and a child custody proceedinghas not been commenced in a court of a state having jurisdiction, a childcustody determination made under this section remains in effect until an orderis obtained from a court of a state having jurisdiction. If a child custodyproceeding has not been or is not commenced in a court of a state havingjurisdiction, a child custody determination made under this section becomes afinal determination, if it so provides and this state becomes the home state ofthe child.

   (c) If there is a previous child custody determination thatis entitled to be enforced under this chapter, or a child custody proceedinghas been commenced in a court of a state having jurisdiction, any order issuedby a court of this state under this section must specify in the order a periodthat the court considers adequate to allow the person seeking an order toobtain an order from the state having jurisdiction. The order issued in thisstate remains in effect until an order is obtained from the other state withinthe period specified or the period expires.

   (d) A court of this state which has been asked to make achild custody determination under this section, upon being informed that achild custody proceeding has been commenced in, or a child custodydetermination has been made by, a court of a state having jurisdiction, shallimmediately communicate with the other court. A court of this state which isexercising jurisdiction, upon being informed that a child custody proceedinghas been commenced in, or a child custody determination has been made by, acourt of another state under a statute similar to this section shallimmediately 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 theduration of the temporary order.