Also known as: retain jurisdiction · retaining jurisdiction · retains jurisdiction · continuing jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A court's ongoing authority over a matter after an initial determination. This authority permits the court to modify or enforce prior orders without establishing fresh jurisdictional grounds each time.
Ronald Reed obtained a custody order in State A awarding him primary physical custody of his daughter. Two years later he and the child moved to State C for work. The mother filed a modification petition in State C. Because State A made the original determination and the child and one parent still maintain significant connections there, State A retains exclusive continuing jurisdiction and State C may not modify the order.
Rachel Ramirez received a custody decree in State A. After both parents and the child relocated permanently to State B, the State A court determined it no longer possessed exclusive continuing jurisdiction. Rachel then sought modification in State B. State B could entertain the request only because it possessed initial jurisdiction under section 201.
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Robert Rivera obtained a custody order in State A. The child later moved with the other parent to State B. State A determined that State B would be a more convenient forum. State B could then modify the order because the original court had relinquished its exclusive continuing jurisdiction on convenience grounds.
Rebecca Ross obtained a Virginia maintenance decree for herself and her daughter. After the father moved to another state he sought to set the decree aside. The original court retained jurisdiction to enforce or modify its support order even after the father's relocation.
The NAACP challenged Virginia statutes restricting legal representation. A three-judge federal district court abstained to allow state-court construction of the statutes. The federal court retained jurisdiction over the case so that it could act once the state courts completed their interpretation.
Black voters sued to enjoin a racially discriminatory Jaybird primary. The district court declared the exclusion unconstitutional and refused an immediate injunction. It retained jurisdiction to grant further appropriate relief if the discriminatory practices continued.
A court loses exclusive continuing jurisdiction when it determines that the child and at least one parent lack a significant connection with the state and that substantial evidence is no longer available there. Jurisdiction also ends when a court finds that the child, parents, and any person acting as a parent no longer reside in the state.
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A court that no longer has exclusive continuing jurisdiction may modify its prior order only if it possesses jurisdiction to make an initial custody determination under section 201.
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Another state may modify the order if the original state determines it no longer has exclusive continuing jurisdiction or that the new state would be a more convenient forum.
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Yes. The court that entered a maintenance decree retains jurisdiction to enforce or modify its order even after a party relocates to another state.
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…the Virginia court. It was denied. The court of appeals affirmed on the grounds that the lower court, having entered the decree, retained jurisdiction to enforce or modify its order for maintenance of the wife and daughter; that petitioner's removal to Virginia did not invest the courts of that State with authority to annul or supersede…