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Jurisdiction in An Emergency – how To Make a Court Take Control

David Pisarra Jan. 20, 2011

When another state has made a child custody and visitation determination the local state courts (like Los Angeles Superior, Ventura Superior Court or Orange County Superior) do not have jurisdiction over the case, UNLESS the child is in the state of California AND there is a risk to the child’s health and well-being.

If there is a physical or emotional danger to the child under California Family Code Section 3424, a party can ask the court to take Emergency Jurisdiction to protect the child and provide orders relating to the custody of the child. The orders will be effective long enough for the other side to go to the Home State and get clarification or other orders.

Family Code 3424 reads in part:

3424. (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child hasbeen abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, issubjected to, or threatened with, mistreatment or abuse.

We have successfully represented clients in Los Angeles County and Ventura County and others, to have a court issue immediate custody orders that were necessary for the best interest of the child.