Under what circumstance can a court exercise temporary emergency jurisdiction?

Prepare for the New York Family Law Bar Exam with comprehensive questions and detailed explanations. Enhance your understanding of family law concepts and test your readiness. Aim for success!

A court can exercise temporary emergency jurisdiction when a child is in immediate danger. This provision is grounded in the need to protect the welfare of the child, ensuring that their safety and well-being are prioritized above other considerations. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a court can assume jurisdiction for temporary emergency situations, which allows for swift action in cases such as abuse, neglect, or other circumstances posing a direct and immediate threat to the child.

In contrast, while both parents agreeing on custody might indicate stability, it does not inherently necessitate emergency jurisdiction since no immediate danger exists. The child's preference for one parent, although relevant in custody discussions, is not a basis for emergency jurisdiction unless a clear threat is evident. Furthermore, having an ongoing custody case does not automatically allow for temporary emergency jurisdiction unless there is a pressing need to act due to immediate danger to the child. Therefore, the correct answer reflects the standard that in emergency situations, the court's primary focus is to safeguard the child from harm.

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