What law governs the jurisdiction in which an interstate or international custody dispute will be adjudicated?
Where a child is brought into Illinois from another state, even where the requirements of UCCJEA are met, an Illinois court may decline to exercise jurisdiction if it finds that this is an inconvenient forum for custody determination under the circumstances of the case, and that a court of another state is a more appropriate forum. For example, if the petitioner for an initial custody judgment or modification of a previous judgment has wrongfully taken the child from another state, or has engaged in "similar reprehensible conduct," the Illinois court will decline to exercise jurisdiction. Further, where the court finds that the petitioner has improperly removed the child from the proper custodian or has improperly retained the child after a visit or other temporary relinquishment of physical custody, the court must notify the person entitled to custody as to the location of the child as soon as is practicable.
An Illinois court exercise temporary emergency jurisdiction to protect a child who is in Illinois but not subject to Illinois custody jurisdiction.
There is a provision for temporary emergency jurisdiction to protect a child physically present in this state who has been abandoned, neglected or dependent or has been subjected to or threatened with mistreatment or abuse. This emergency jurisdiction is for immediate child protection purposes only and does not result in Illinois assuming full custody jurisdiction. Once the protection of the child has been secured, if another state is the appropriate one to make a custody determination, the case will be referred to that state for adjudication.
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