Judge Teresa Corrigan
The court opined if it should continue temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) of a custody matter that was originally heard and decided in Texas. Respondent mother filed two writs of habeas corpus seeking production of and return to her custody of her two children. Petitioner father filed a family offense petition and was granted a temporary order of protection (TOP) for mother to stay away from him and the children. A temporary order of custody was issued to father giving him sole custody of the children and no visitation to mother under the UCCJEA. Yet, upon conclusion of the in-camera examinations, and review of documents, the court vacated the order, and TOP, dismissing the family offense petition. The court stated it properly exercised its authority under Domestic Relations Law §76-c(1) granting father custody via a temporary order of custody, and a TOP, under “emergency” circumstances. Yet, after a finding the children were not in any imminent danger from being returned to their mother, vacatur of the orders and TOP were warranted. Also, it noted Texas was not relinquishing its jurisdiction, Texas continued to have jurisdiction over all custody and visitation matters.
