Define: Continuing Jurisdiction

Continuing jurisdiction refers to the authority of a court to retain control over a case even after a final judgment has been entered. It allows the court to address any ongoing issues or disputes related to the case.

Continuing jurisdiction applies in cases where there are ongoing matters that require the court’s attention, such as child custody and support, spousal support, modification of orders, or enforcement of court orders.

A court retains continuing jurisdiction by including specific language in its final judgment or order, explicitly stating that it will retain jurisdiction over certain matters.

Yes, continuing jurisdiction can be waived if both parties agree to relinquish the court’s authority to address any future issues related to the case. This is often done through a settlement agreement or a stipulation.

Family law cases, such as divorce, child custody, and child support cases, often involve continuing jurisdiction due to the ongoing nature of these matters.

In some cases, continuing jurisdiction can be transferred to another court if there is a valid reason for the transfer, such as a change in residence of one of the parties. However, this typically requires the approval of both courts involved.

Continuing jurisdiction can be terminated if there is a substantial change in circumstances that warrants the court’s intervention to be no longer necessary. This may require a formal request to the court and a hearing.

If a party violates a court order during continuing jurisdiction, the other party can file a motion for contempt or enforcement, seeking the court’s intervention to enforce the order and potentially impose penalties on the violating party.

Yes, you can generally appeal a decision made during continuing jurisdiction, just like any other court decision. However, it is important to consult with an attorney to understand the specific requirements and deadlines for filing an appeal in your jurisdiction.