Struck = only in HB 2081 ·
added = only in HB 5928.
An*LRB09618061AJO33435b* ActHB5928 ENROLLED96TH HOUSEGENERAL BILLASSEMBLY NO.State of Illinois and 2010 HB5928 Introduced 2/10/2010, by Rep.
2081Emily By:McAsey SYNOPSIS AS INTRODUCED:
BlairNew ofAct theCreates House and Weaver of the SenateUniform AnChild ActAbduction relatingPrevention toAct. child abduction prevention;
enactingProvides that a court on its own motion may order abduction prevention measures in a child custody proceeding if the Uniformcourt Childfinds Abductionthat Preventionthe Act;evidence establishes a credible risk of abduction of the child.
definingProvides terms;that a party to a child custody determination or another individual or entity having a right under the law of this State or any other state to seek a child custody determination for the child may file a petition seeking abduction prevention measures to protect the child.
providingProvides forthat cooperationa andState's communicationAttorney amongmay courts;seek a warrant to take physical custody of a child or other appropriate prevention measures.
authorizingContains orderprovisions orconcerning petitiondefinitions, forcooperation and communication among courts, jurisdiction, contents of petitions, factors to determine risk of abduction, measures to prevent abduction, warrants to take physical custody of a child, duration of abduction prevention measures;order, uniformity of application and construction, and other matters.
authorizingLRB096 certain18061 warrant;AJO 33435 b A BILL FOR HB5928 LRB096 18061 AJO 33435 b AN ACT concerning child abduction.
clarifyingBe jurisdictionit overenacted certainby matters;the People of the State of Illinois, represented in the General Assembly:
establishingSection requirements1. for certain petition;
specifyingShort requiredtitle. contents of certain petition;
establishingThis factorsAct tomay determinebe riskcited ofas childthe abduction;Uniform Child Abduction Prevention Act.
authorizingSection court2. to consider certain evidence;
requiringDefinitions. abduction prevention order to contain certain information;
authorizingIn certainthis provisionsAct: to prevent abduction of child;
authorizing(1) order"Abduction" tomeans imposethe certainwrongful conditionsremoval onor custodywrongful orretention visitation;of a child.
authorizing(2) certain"Child" actionsmeans toan preventunemancipated imminentindividual abductionwho is less than 18 years of child;age.
(3) "Child-custody determination" means a judgment, decree, or other order of a court providing for remedies;the legal custody, physical custody, or visitation with respect to a child.
authorizingThe exterm parteincludes warranta forpermanent, certaintemporary, purposes;initial, and modification order.
requiring(4) hearing"Child-custody withinproceeding" specifiedmeans timea period;proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue.
specifyingThe requiredterm contentsincludes a proceeding for divorce, dissolution of certainmarriage, warrant;separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence.
authorizing(5) order"Court" formeans certainan search;entity authorized under the law of a state to establish, enforce, or modify a child-custody HB5928 - 2 - LRB096 18061 AJO 33435 b determination.
requiring(6) service"Petition" atincludes certaina time;motion or its equivalent.
clarifying(7) enforceability"Record" ofmeans certaininformation warrants;that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
allowing(8) court"State" tomeans authorizea lawstate enforcementof the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to takethe certainjurisdiction actions;of the United States.
authorizingThe awardterm ofincludes costsa andfederally feesrecognized underIndian certaintribe circumstances;or nation.
specifying(9) duration"Travel ofdocument" certainmeans order;records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations.
providingThe forterm uniformitydoes ofnot applicationinclude anda construction;passport or visa.
clarifying(10) application"Wrongful toremoval" certainmeans federalthe acts;taking of a child that breaches rights of custody or visitation given or recognized under the law of this State.
providing(11) for"Wrongful codification;retention" means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the law of this State.
andSection providing3. an effective date.
SUBJECT:Cooperation and communication among courts.
ChildSections abduction110, prevention111, BEand IT112 ENACTEDof BYthe THEUniform PEOPLEChild-Custody OFJurisdiction THEand STATEEnforcement OFAct OKLAHOMA:apply to cooperation and communications among courts in proceedings under this Act.
SECTIONHB5928 1.- 3 - LRB096 18061 AJO 33435 b Section 4.
NEWActions LAWfor Aabduction newprevention sectionmeasures. of law to be codified in the Oklahoma Statutes as Section 571-101 of Title 43, unless there is created a duplication in numbering, reads as follows:
This(a) actA shallcourt beon knownits andown motion may beorder citedabduction asprevention measures in a child-custody proceeding if the "Uniformcourt Childfinds Abductionthat Preventionthe Act".evidence establishes a credible risk of abduction of the child.
SECTION(b) 2.A party to a child-custody determination or another individual or entity having a right under the law of this State or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this Act.
NEW(c) LAW A newState's sectionAttorney ofor lawother toappropriate bepublic codifiedofficial indesignated under Section 315 of the OklahomaUniform StatutesChild-Custody asJurisdiction Sectionand 571-102Enforcement ofAct Titlemay 43,seek unlessa therewarrant isto createdtake physical custody of a duplicationchild inunder numbering,Section reads9 asof follows:this Act or other appropriate prevention measures.
AsSection used5. in this act:
1.Jurisdiction.
"Abduction"(a) meansA thepetition wrongfulunder removalthis orAct wrongfulmay retentionbe offiled only in a child;court that has jurisdiction to make a child-custody determination with respect to the child at issue under the Uniform Child-Custody Jurisdiction and Enforcement Act.
2.(b) A court of this State has temporary emergency jurisdiction under Section 204 of the Uniform Child-Custody Jurisdiction and Enforcement Act if the court finds a credible risk of abduction.
"Child"HB5928 means- an4 unemancipated- individualLRB096 who18061 isAJO less33435 thanb eighteenSection (18)6. years of age;
3.Contents of petition.
"ChildA custodypetition determination"under meansthis aAct judgment,must decree,be orverified otherand courtinclude ordera providingcopy forof theany legalexisting custody,child-custody physicaldetermination, custody,if oravailable. visitation with respect to a child.
The termpetition includesmust aspecify permanent,the temporary,risk initial,factors andfor modificationabduction, order;including the relevant factors described in Section 7.
4.Subject to any other law providing for the confidentiality of procedures, addresses, and other identifying information, if reasonably ascertainable, the petition must contain:
"Child(1) custodythe proceeding"name, meansdate aof proceedingbirth, inand whichgender legalof custody,the physicalchild; custody, or visitation with respect to a child is at issue.
The(2) termthe includescustomary aaddress proceedingand forcurrent divorce,physical dissolutionlocation of marriage,the separation,child; neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence;
5.(3) the identity, customary address, and current physical location of the respondent;
"Court"(4) meansa anstatement entityof authorizedwhether undera theprior lawaction ofto aprevent stateabduction toor establish,domestic enforce,violence orhas modifybeen filed by a childparty or other individual or entity having custody determination;of the child, and the date, location, and disposition of the action;
6.(5) a statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case;
"Petition"and includes(6) any other information required to be submitted to the court for a motionchild-custody ordetermination itsunder equivalent;Section 209 of the Uniform Child-Custody Jurisdiction and Enforcement Act.
HB5928 - 5 - LRB096 18061 AJO 33435 b Section 7.
"Record"Factors meansto informationdetermine thatrisk isof inscribedabduction. on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
8.(a) In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent:
"State"(1) meanshas apreviously stateabducted of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or anyattempted territory or insular possession subject to theabduct jurisdiction of the ENR.child;
H.(2) has threatened to abduct the child;
B.(3) has recently engaged in activities that may indicate a planned abduction, including:
NO.(A) abandoning employment;
2081(B) Pageselling 2a Unitedprimary States.residence;
The(C) termterminating includes a federallylease; recognized Indian tribe or nation;
9.(D) closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities;
"Travel(E) document"applying meansfor recordsa relatingpassport toor avisa travelor itinerary,obtaining including travel tickets,documents passes,for reservationsthe forrespondent, transportation,a family member, or accommodations.the child;
Theor term(F) doesseeking notto includeobtain athe passportchild's birth certificate or visa;school or medical records;
10.(4) has engaged in domestic violence, stalking, or child abuse or neglect;
"Wrongful(5) removal"has meansrefused theto takingfollow of a childchild-custody thatdetermination; breaches rights of custody or visitation given or recognized under the laws of this state;
and(6) 11.lacks strong familial, financial, emotional, or HB5928 - 6 - LRB096 18061 AJO 33435 b cultural ties to the state or the United States;
"Wrongful(7) retention"has meansstrong thefamilial, keepingfinancial, emotional, or concealingcultural ofties ato childanother thatstate breaches rights of custody or visitationcountry; given or recognized under the laws of this state.
SECTION(8) 3.is likely to take the child to a country that:
NEW(A) LAWis Anot newa sectionparty of law to bethe codifiedHague inConvention on the Oklahomacivil Statutesaspects asof Sectioninternational 571-103child ofabduction Titleand 43,does unlessnot thereprovide isfor createdthe aextradition duplicationof inan numbering,abducting readsparent asor follows:for the return of an abducted child;
The(B) provisionsis ofa theparty Uniformto Childthe CustodyHague JurisdictionConvention andon Enforcementthe Actcivil asaspects provided in Sections 551-110, 551-111, and 551- of Titleinternational 43child ofabduction thebut: Oklahoma Statutes shall apply to cooperation and communications among courts in proceedings under this act.
SECTION(i) 4.the Hague Convention on the civil aspects of international child abduction is not in force between the United States and that country;
NEW(ii) LAWis Anoncompliant newaccording section of law to be codified in the Oklahomamost Statutesrecent ascompliance Sectionreport 571-104issued ofby Titlethe 43,United unlessStates theredepartment isof createdstate; a duplication in numbering, reads as follows:
A.or (iii) lacks legal mechanisms for immediately and effectively enforcing a return order under the Hague Convention on the civil aspects of international child abduction;
A(C) courtposes ona itsrisk ownthat motionthe maychild's orderphysical abductionor preventionemotional measureshealth inor asafety childwould custodybe proceedingendangered ifin the courtcountry findsbecause thatof thespecific evidencecircumstances establishesrelating ato crediblethe riskchild ofor abductionbecause of thehuman child.rights violations committed against children;
B.(D) has laws or practices that would:
AHB5928 party- to7 a- childLRB096 custody18061 determinationAJO or33435 anotherb individual(i) orenable entity having a right under the lawsrespondent, ofwithout thisdue statecause, or any other state to seekprevent a child custody determination for the childpetitioner mayfrom filecontacting a petition seeking abduction prevention measures to protect the childchild; under this act.
C.(ii) restrict the petitioner from freely traveling to or exiting from the country because of the petitioner's gender, nationality, marital status, or religion;
Asor authorized(iii) byrestrict Sectionthe 551-315child's ofability Titlelegally 43to ofleave the Oklahomacountry Statutes,after athe districtchild attorneyreaches maythe seekage aof warrantmajority tobecause take physical custody of a childchild's pursuantgender, tonationality, Section 9 of this act, or toreligion; take other appropriate prevention measures.
ENR.(E) is included by the United States Department of State on a current list of state sponsors of terrorism;
H.(F) does not have an official United States diplomatic presence in the country;
B.or (G) is engaged in active military action or war, including a civil war, to which the child may be exposed;
NO.(9) is undergoing a change in immigration or citizenship status that would adversely affect the respondent's ability to remain in the United States legally;
2081(10) Pagehas 3had SECTIONan 5.application for United States citizenship denied;
NEW(11) LAWhas Aforged newor sectionpresented ofmisleading lawor false evidence on government forms or supporting documents to beHB5928 codified- in8 the- OklahomaLRB096 Statutes18061 asAJO Section33435 571-105b ofobtain Titleor 43,attempt unlessto thereobtain isa createdpassport, a duplicationvisa, intravel numbering,documents, readsa asSocial follows:Security Card, a driver's license, or other government-issued identification card or has made a misrepresentation to the United States government;
A.(12) has used multiple names to attempt to mislead or defraud;
Aor petition(13) underhas thisengaged act may be filed only in aany courtother thatconduct has jurisdiction to make a child custody determination with respect to the childcourt atconsiders issuerelevant pursuant to the Uniformrisk Childof Custodyabduction. Jurisdiction and Enforcement Act, Section 551-201 et seq.
of(b) TitleIn ofthe hearing on a petition under this Act, the Oklahomacourt Statutes.shall consider any evidence that the respondent believed in good faith that the respondent's conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child.
B.Section 8.
AProvisions courtand ofmeasures thisto stateprevent has temporary emergency jurisdiction under Section 551-204 of Title 43 of the Oklahoma Statutes if the court finds a credible risk of abduction.
SECTION(a) 6.If a petition is filed under this Act, the court may enter an order that must include:
NEW(1) LAWthe Abasis newfor section of law to be codified in the Oklahomacourt's Statutesexercise as Section 571-106 of Titlejurisdiction; 43, unless there is created a duplication in numbering, reads as follows:
A(2) petitionthe undermanner thisin actwhich shallnotice beand verifiedopportunity andto includebe aheard copywere ofgiven anyto existingthe childpeople custodyentitled determination,to ifnotice available.of the proceeding;
The(3) petitiona shalldetailed specifydescription theof riskeach factorsparty's forcustody abduction,and includingvisitation therights relevantand factorsresidential describedarrangements infor Sectionthe 7child; of this act.
Subject(4) toa subsectionprovision Estating ofthat Sectiona 551-209violation of Titlethe 43order ofHB5928 the- Oklahoma9 Statutes,- ifLRB096 reasonably18061 ascertainable,AJO 33435 b may subject the petitionparty shallin contain:violation to civil and criminal penalties;
1.and (5) identification of the child's country of habitual residence at the time of the issuance of the order.
The(b) name,If, dateat ofa birth,hearing andon gendera petition under this Act or on the court's own motion, the court after reviewing the evidence finds a credible risk of abduction of the child;child, the court shall enter an abduction prevention order.
2.The order must include the provisions required by subsection (a) and measures and conditions, including those in subsections (c), (d), and (e), that are reasonably calculated to prevent abduction of the child, giving due consideration to the custody and visitation rights of the parties.
The customary address and current physical location of the child;
3.
The identity, customary address, and current physical location of the respondent;
4.
A statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child, and the date, location, and disposition of the action;
5.
A statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case;
and ENR.
H.
B.
NO.
2081 Page 4 6.
Any other information required to be submitted to the court for a child custody determination pursuant to Section 551-209 of Title 43 of the Oklahoma Statutes.
SECTION 7.
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 571-107 of Title 43, unless there is created a duplication in numbering, reads as follows:
A.
In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent:
1.
Has previously abducted or attempted to abduct the child;
2.
Has threatened to abduct the child;
3.
Has recently engaged in activities that may indicate a planned abduction, including, but not limited to:
a.
abandoning employment, b.
selling a primary residence, c.
terminating a lease, d.
closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities, e.
applying for a passport or visa or obtaining travel documents for the respondent, a family member, or the child, or f.
seeking to obtain the child's birth certificate or school or medical records;
4.
Has engaged in domestic violence, stalking, or child abuse or neglect;
5.
Has refused to follow a child custody determination;
6.
Lacks strong familial, financial, emotional, or cultural ties to the state or the United States;
ENR.
H.
B.
NO.
2081 Page 5 7.
Has strong familial, financial, emotional, or cultural ties to another state or country;
8.
Is likely to take the child to a country that:
a.
is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child, b.
is a party to the Hague Convention on the Civil Aspects of International Child Abduction but:
(1) the Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country, (2) is noncompliant according to the most recent compliance report issued by the United States Department of State, or (3) lacks legal mechanisms for immediately and effectively enforcing a return order under the Hague Convention on the Civil Aspects of International Child Abduction, c.
poses a risk that the child's physical or emotional health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children, d.
has laws or practices that would:
(1) enable the respondent, without due cause, to prevent the petitioner from contacting the child, (2) restrict the petitioner from freely traveling to or exiting from the country because of the petitioner's gender, nationality, marital status, or religion, or (3) restrict the child's ability to legally leave the country after the child reaches the age of ENR.
H.
B.
NO.
2081 Page 6 majority because of a child's gender, nationality, or religion, e.
is included by the United States Department of State on a current list of state sponsors of terrorism, f.
does not have an official United States diplomatic presence in the country, or g.
is engaged in active military action or war, including a civil war, to which the child may be exposed;
9.
Is undergoing a change in immigration or citizenship status that would adversely affect the respondent's ability to remain in the United States legally;
10.
Has had an application for United States citizenship denied;
11.
Has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a Social Security card, a driver license, or other government-issued identification card or has made a misrepresentation to the United States government;
12.
Has used multiple names to attempt to mislead or defraud;
or 13.
Has engaged in any other conduct the court considers relevant to the risk of abduction.
B.
In the hearing on a petition under this act, the court shall consider any evidence that the respondent believed in good faith that the respondent's conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child.
SECTION 8.
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 571-108 of Title 43, unless there is created a duplication in numbering, reads as follows:
A.
If a petition is filed under this act, the court may enter an order that shall include:
ENR.
H.
B.
NO.
2081 Page 7 1.
The basis for the court's exercise of jurisdiction;
2.
The manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding;
3.
A detailed description of each party's custody and visitation rights and residential arrangements for the child;
4.
A provision stating that a violation of the order may subject the party in violation to civil and criminal penalties;
and 5.
Identification of the child's country of habitual residence at the time of the issuance of the order.
B.
If, at a hearing on a petition under this act or on the court's own motion, the court after reviewing the evidence finds a credible risk of abduction of the child, the court shall enter an abduction prevention order.
The order shall include the provisions required by subsection A of this section and measures and conditions, including provisions in subsections C, D, and E of this section, that are reasonably calculated to prevent abduction of the child, giving due consideration to the custody and visitation rights of the parties.
C.(c) An abduction prevention order may include one or more of the following:
An(1) abductionan preventionimposition orderof maytravel includerestrictions onethat orrequire morethat ofa party traveling with the child outside a designated geographical area provide the other party with the following:
1.(A) the travel itinerary of the child;
An(B) impositiona list of travelphysical restrictionsaddresses thatand requiretelephone thatHB5928 a- party10 traveling- withLRB096 the18061 childAJO outside33435 ab designatednumbers geographicalat areawhich provide the otherchild partycan withbe thereached following:at specified times;
a.and (C) copies of all travel documents;
the(2) travela itineraryprohibition of the child,respondent b.directly or indirectly:
a(A) listremoving ofthe physicalchild addressesfrom andthis telephoneState, numbersthe atUnited whichStates, theor childanother cangeographic bearea reachedwithout atpermission specifiedof times,the andcourt c.or the petitioner's written consent;
copies(B) removing or retaining the child in violation of alla travelchild-custody documents;determination;
2.(C) removing the child from school or a child-care or similar facility;
Aor prohibition(D) ofapproaching the respondentchild directlyat orany indirectly:location other than a site designated for supervised visitation;
ENR.(3) a requirement that a party to register the order in another state as a prerequisite to allowing the child to travel to that state;
H.(4) with regard to the child's passport:
B.(A) a direction that the petitioner to place the child's name in the United States Department Of State's child passport issuance alert program;
NO.(B) a requirement that the respondent surrender to the court or the petitioner's attorney any United States or foreign passport issued in the child's name, including a passport issued in the name of both the parent and the child;
2081and PageHB5928 8- a.11 - LRB096 18061 AJO 33435 b (C) a prohibition upon the respondent from applying on behalf of the child for a new or replacement passport or visa;
removing(5) theas childa fromprerequisite thisto state,exercising thecustody United States, or anothervisitation, geographica arearequirement withoutthat permission of the courtrespondent orprovide: the petitioner's written consent, b.
removing(A) orto retainingthe United States Department of State Office of Children's Issues and the childrelevant inforeign violationconsulate or embassy, an authenticated copy of athe childorder custodydetailing determination,passport c.and travel restrictions for the child;
removing(B) to the childcourt: from school or a child-care or similar facility, or d.
approaching(i) theproof childthat atthe anyrespondent locationhas otherprovided thanthe ainformation sitein designatedsubparagraph for(A); supervised visitation;
3.and (ii) an acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made, or passport issued, on behalf of the child;
A(C) requirementto thatthe apetitioner, partyproof registerof registration with the orderUnited States embassy or other United States diplomatic presence in anotherthe statedestination ascountry aand prerequisitewith tothe allowingcentral authority for the childHague toConvention travelon tothe civil aspects of international child abduction, if that state;Convention is in effect between the United States and the destination country, unless one of the parties objects;
4.and (D) a written waiver under the Privacy Act, 5 HB5928 - 12 - LRB096 18061 AJO 33435 b U.S.C.
WithSection regard552a, as amended, with respect to any document, application, or other information pertaining to the child'schild passport:authorizing its disclosure to the court and the petitioner;
a.and (6) upon the petitioner's request, a requirement that the respondent obtain an order from the relevant foreign country containing terms identical to the child-custody determination issued in the United States.
a(d) directionIn thatan theabduction petitionerprevention placeorder, the child'scourt namemay inimpose theconditions Unitedon Statesthe Departmentexercise of State'scustody Childor Passportvisitation Issuancethat: Alert Program, b.
a(1) requirementlimit thatvisitation theor respondentrequire surrenderthat tovisitation with the courtchild orby the petitioner'srespondent attorneybe anysupervised Uniteduntil Statesthe orcourt foreignfinds passportthat issuedsupervision inis theno child'slonger name,necessary includingand aorder passport issued in the namerespondent ofto bothpay the parentcosts andof thesupervision; child, and c.
(2) require the respondent to post a prohibitionbond uponor provide other security in an amount sufficient to serve as a financial deterrent to abduction, the respondentproceeds fromof applyingwhich onmay behalfbe used to pay for the reasonable expenses of recovery of the childchild, forincluding areasonable newattorney's orfees replacementand passportcosts orif visa;there is an abduction;
5.and (3) require the respondent to obtain education on the potentially harmful effects to the child from abduction.
As(e) aTo prerequisiteprevent toimminent exercisingabduction custodyof ora visitation,child, a requirementcourt thatmay: the respondent provide:
a.(1) issue a warrant to take physical custody of the child under Section 9, or the law of this State other than this Act;
toHB5928 the- United13 States- DepartmentLRB096 of18061 StateAJO Office33435 b (2) direct the use of Children'slaw Issuesenforcement andto thetake relevantany foreignaction consulatereasonably ornecessary embassy,to anlocate authenticatedthe copychild, obtain return of the orderchild, detailingor passportenforce anda travelcustody restrictionsdetermination forunder this Act or the child,law b.of this State other than this Act;
toor (3) grant any other relief allowed under the court:law of this State other than this Act.
ENR.(f) The remedies provided in this Act are cumulative and do not affect the availability of other remedies to prevent abduction.
H.Section 9.
B.Warrant to take physical custody of child.
NO.(a) If a petition under this Act contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.
2081(b) PageThe 9 (1) proof that the respondent hason provided the information in subparagraph a ofpetition paragraphunder 5subsection of(a) subsectionmust Cbe ofafforded thisan section,opportunity andto (2)be anheard acknowledgmentat inthe aearliest recordpossible fromtime after the relevantex foreignparte consulatewarrant oris embassyexecuted, thatbut nonot passportlater applicationthan hasthe beennext made,judicial orday passportunless issued,a hearing on behalfthat ofdate theis child,impossible. c.
toIn thethat petitioner,event, proof of registration with the Unitedcourt Statesshall Embassyhold or other United States diplomatic presence in the destinationhearing country and with the Central Authority for the Hague Convention on the Civilfirst Aspectsjudicial ofday Internationalpossible. Child Abduction, if that Convention is in effect between the United States and the destination country, unless one of the parties objects, and d.
a(c) writtenAn waiverex underparte thewarrant Privacyunder Act,subsection Section(a) 552ato oftake Titlephysical 5custody of thea United States Code, as amended, with respect to any document, application, or other information pertaining to the child authorizingmust: its disclosure to the court and the petitioner;
and(1) 6.recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is HB5928 - 14 - LRB096 18061 AJO 33435 b based;
Upon(2) thedirect petitioner'slaw request,enforcement aofficers requirement that the respondent obtain an order from the relevant foreign country containing terms identical to thetake childphysical custody determinationof issued in the Unitedchild States.immediately;
D.(3) state the date and time for the hearing on the petition;
Inand an(4) abductionprovide preventionfor order, the courtsafe mayinterim imposeplacement conditionsof on the exercisechild ofpending custodyfurther ororder visitationof that:the court.
1.(d) If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the national crime information center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.
Limit(e) visitationThe orpetition requireand thatwarrant visitationmust withbe theserved childon by the respondent bewhen supervisedor untilimmediately after the courtchild finds that supervision is notaken longerinto necessaryphysical andcustody. order the respondent to pay the costs of supervision;
2.(f) A warrant to take physical custody of a child, issued by this State or another state, is enforceable throughout this State.
Require the respondent to post a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to pay for the reasonable expenses of recovery of the child, including reasonable attorney fees and costs if there is an abduction;
and 3.
Require the respondent to obtain education on the potentially harmful effects to the child from abduction.
ENR.
H.
B.
NO.
2081 Page 10 E.
To prevent imminent abduction of a child, a court may:
1.
Issue a warrant to take physical custody of the child under Section 9 of this act or the laws of this state other than this act;
2.
Direct the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child, or enforce a custody determination under this act or the laws of this state other than this act;
or 3.
Grant any other relief allowed under the laws of this state other than this act.
F.
The remedies provided in this act are cumulative and do not affect the availability of other remedies to prevent abduction.
SECTION 9.
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 571-109 of Title 43, unless there is created a duplication in numbering, reads as follows:
A.
If a petition under this act contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.
B.
The respondent on a petition under subsection A of this section shall be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible.
In such event, the court shall hold the hearing on the first judicial day possible.
C.
An ex parte warrant under subsection A of this section to take physical custody of a child shall:
1.
Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based;
2.
Direct law enforcement officers to take physical custody of the child immediately;
3.
State the date and time for the hearing on the petition;
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Provide for the safe interim placement of the child pending further order of the court.
D.
If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.
E.
The petition and warrant shall be served on the respondent when or immediately after the child is taken into physical custody.
F.
A warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state.
G.(g) If the court finds, after a hearing, that a petitioner sought an ex parte warrant under subsection (a) for the purpose HB5928 - 15 - LRB096 18061 AJO 33435 b of harassment or in bad faith, the court may award the respondent reasonable attorney's fees, costs, and expenses.
If(h) theThis courtAct finds,does afternot aaffect hearing,the thatavailability aof petitionerrelief soughtallowed an ex parte warrant under subsectionthe Alaw of this sectionState forother thethan purposethis ofAct. harassment or in bad faith, the court may award the respondent reasonable attorney fees, costs, and expenses.
H.Section 10.
ThisDuration act does not affect the availability of reliefabduction allowedprevention underorder. the laws of this state other than this act.
SECTIONAn 10.abduction prevention order remains in effect until the earliest of:
NEW(1) LAWthe Atime newstated section of law to be codified in the Oklahomaorder; Statutes as Section 571-110 of Title 43, unless there is created a duplication in numbering, reads as follows:
An(2) abduction prevention order remains in effect until the earliestemancipation of the:the child;
1.(3) the child's attaining 18 years of age;
Timeor stated(4) inthe time the order;order is modified, revoked, vacated, or superseded by a court with jurisdiction under Sections 201 through 203 of the Uniform Child-Custody Jurisdiction and Enforcement Act.
2.Section 11.
EmancipationUniformity of theapplication child;and construction.
3.In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
ChildSection attaining12. eighteen (18) years of age;
orRelation 4.to the Electronic Signatures in Global and National Commerce Act.
TimeThis theAct ordermodifies, islimits, modified,and revoked,supersedes vacated,the orfederal supersededElectronic bySignatures ain courtGlobal withand jurisdictionNational underCommerce SectionsAct, 551-201,15 551-202,U.S.C. and ENR.
H.Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of the Act, HB5928 - 16 - LRB096 18061 AJO 33435 b 15 U.S.C.
B.Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C.
NO.Section 7003(b).
2081 Page 12 551-203 of Title 43 of the Oklahoma Statutes or other applicable laws of this state.
SECTION 11.
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 571-111 of Title 43, unless there is created a duplication in numbering, reads as follows:
In applying and construing the Uniform Child Abduction Prevention Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
SECTION 12.
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 571-112 of Title 43, unless there is created a duplication in numbering, reads as follows:
This act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, Section 7001, et seq.
of Title 15 of the United States Code, but does not modify, limit, or supersede Section 101(c) of the act, 15 U.S.C., Section 7001(c), of that act or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C., Section 7003(b).
SECTION 13.
This act shall become effective November 1, 2025.
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2081 Page 13 Passed the House of Representatives the 24th day of March, 2025.
Presiding Officer of the House of Representatives Passed the Senate the 1st day of May, 2025.
Presiding Officer of the Senate OFFICE OF THE GOVERNOR Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
By:
_________________________________ Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this __________ day of ___________________, 20_______, at _______ o'clock _______ M.
By:
_________________________________ ENR.
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