Lawyers Manual - Unified Court System

UCCJEA and Domestic Violence: A Case Study 123
custody determination, that court has “exclusive, continuing jurisdiction” over
any subsequent related matters, unless it decides that another jurisdiction would
be a more appropriate forum or the child and the child’s parents no longer
reside in that state. 11
The Hector G. case thus presented a more complicated scenario because
another jurisdiction had already issued a custody order and, presumably, might
claim “exclusive, continuing jurisdiction.” The question was whether New York
might nevertheless be able to take some constructive action upon the case. Here
the UCCJEA differs significantly from its predecessor, the UCCJA. The statute
permits a court to assume “temporary emergency jurisdiction” of a custody
matter if there are allegations of domestic violence. 12 The order issued remains in
effect until “an order is obtained from the other state within the period specified”
or, “where the child who is the subject of a child custody determination . . . is in
imminent risk of harm, . . . until a court of a state having jurisdiction under
sections seventy-six through seventy-six-b of this title has taken steps to assure
the protection of the child.” 13 If there is no prior or simultaneous custody
proceeding but New York is not the child’s “home state” under DRL §§ 76 –
76-b, the court may make any orders necessary and they may remain in effect
until the home state steps in or until New York becomes the home state. 14 Where,
as in the Bronx IDV case, there is a valid prior child custody order, New York
may issue a temporary order in order to enable the party seeking relief to apply
to the home state court, and the temporary order remains in effect until the home
state has taken sufficient steps to protect the child. 15
Pursuant to these provisions, the Bronx IDV court determined to keep the
case before it in order to resolve questions concerning the safety of the children
and their mother, given the new criminal charges pending against the father.
The court directed official translation of all Dominican Republic court
documents, and ordered the Administration for Children’s Services [ACS] to
interview all the parties. The report from ACS detailed an extensive, severe
history of domestic violence, on occasion requiring the mother’s hospitalization
for treatment of injuries. The children, now enrolled in New York City public
school, were described by their teacher as her “best” students, and had made a
good adjustment.
Contacting the Home Court
With a basis for “temporary emergency jurisdiction” now well established,
the Bronx IDV court was next obligated, by statute, to contact the home state
court in order to “resolve the emergency, protect the safety of the parties and the