452.755. Temporary emergency jurisdiction.
Temporary emergency jurisdiction.
452.755. 1. A court of this state has temporary emergencyjurisdiction if the child is present in this state and the child has beenabandoned, or it is necessary in an emergency to protect the child becausethe child, or a sibling or parent of the child, is subjected to orthreatened with mistreatment or abuse.
2. If there is no previous child custody determination that isentitled to be enforced under sections 452.700 to 452.930, and if no childcustody proceeding has been commenced in a court of a state havingjurisdiction under sections 452.740 to 452.750, a child custodydetermination made under this section remains in effect until an order isobtained from a court of a state having jurisdiction under sections 452.740to 452.750. If a child custody proceeding has not been or is not commencedin a court of a state having jurisdiction under sections 452.740 to452.750, a child custody determination made under this section becomes afinal determination if:
(1) It so provides; and
(2) This state becomes the home state of the child.
3. If there is a previous child custody determination that isentitled to be enforced under sections 452.700 to 452.930, or a childcustody proceeding has been commenced in a court of a state havingjurisdiction under sections 452.740 to 452.750, any order issued by a courtof this state under this section shall specify in the order a period oftime which the court considers adequate to allow the person seeking anorder to obtain an order from the state having jurisdiction under sections452.740 to 452.750. The order issued in this state remains in effect untilan order is obtained from the other state within the period specified orthe period expires.
4. A court of this state that has been asked to make a child custodydetermination under this section, upon being informed that a child custodyproceeding has been commenced, or a child custody determination has beenmade, by a court of a state having jurisdiction under sections 452.740 to452.750, shall immediately communicate with the other court. A court ofthis state that is exercising jurisdiction under sections 452.740 to452.750, upon being informed that a child custody proceeding has beencommenced, or a child custody determination has been made by a court ofanother state under a statute similar to this section shall immediatelycommunicate with the court of that state. The purpose of suchcommunication is to resolve the emergency, protect the safety of theparties and the child, and determine a period for the duration of thetemporary order.
(L. 2009 H.B. 481)