Comparing HB 2081 → HB 5928 — UNIFORM CHILD ABDUCTION ACT

Struck = only in HB 2081 · added = only in HB 5928.

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An Act ENROLLED HOUSE BILL NO.
*LRB09618061AJO33435b* HB5928 96TH GENERAL ASSEMBLY State of Illinois and 2010 HB5928 Introduced 2/10/2010, by Rep.
2081 By:
Emily McAsey SYNOPSIS AS INTRODUCED:
Blair of the House and Weaver of the Senate An Act relating to child abduction prevention;
New Act Creates the Uniform Child Abduction Prevention Act.
enacting the Uniform Child Abduction Prevention Act;
Provides that a court on its own motion may order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.
defining terms;
Provides 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.
providing for cooperation and communication among courts;
Provides that a State's Attorney may seek a warrant to take physical custody of a child or other appropriate prevention measures.
authorizing order or petition for abduction prevention measures;
Contains provisions concerning definitions, cooperation 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 order, uniformity of application and construction, and other matters.
authorizing certain warrant;
LRB096 18061 AJO 33435 b A BILL FOR HB5928 LRB096 18061 AJO 33435 b AN ACT concerning child abduction.
clarifying jurisdiction over certain matters;
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
establishing requirements for certain petition;
Section 1.
specifying required contents of certain petition;
Short title.
establishing factors to determine risk of child abduction;
This Act may be cited as the Uniform Child Abduction Prevention Act.
authorizing court to consider certain evidence;
Section 2.
requiring abduction prevention order to contain certain information;
Definitions.
authorizing certain provisions to prevent abduction of child;
In this Act:
authorizing order to impose certain conditions on custody or visitation;
(1) "Abduction" means the wrongful removal or wrongful retention of a child.
authorizing certain actions to prevent imminent abduction of child;
(2) "Child" means an unemancipated individual who is less than 18 years of age.
providing for remedies;
(3) "Child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child.
authorizing ex parte warrant for certain purposes;
The term includes a permanent, temporary, initial, and modification order.
requiring hearing within specified time period;
(4) "Child-custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue.
specifying required contents of certain warrant;
The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence.
authorizing order for certain search;
(5) "Court" means an 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 service at certain time;
(6) "Petition" includes a motion or its equivalent.
clarifying enforceability of certain warrants;
(7) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
allowing court to authorize law enforcement to take certain actions;
(8) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
authorizing award of costs and fees under certain circumstances;
The term includes a federally recognized Indian tribe or nation.
specifying duration of certain order;
(9) "Travel document" means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations.
providing for uniformity of application and construction;
The term does not include a passport or visa.
clarifying application to certain federal acts;
(10) "Wrongful removal" means the taking of a child that breaches rights of custody or visitation given or recognized under the law of this State.
providing for codification;
(11) "Wrongful 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.
and providing an effective date.
Section 3.
SUBJECT:
Cooperation and communication among courts.
Child abduction prevention BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
Sections 110, 111, and 112 of the Uniform Child-Custody Jurisdiction and Enforcement Act apply to cooperation and communications among courts in proceedings under this Act.
SECTION 1.
HB5928 - 3 - LRB096 18061 AJO 33435 b Section 4.
NEW LAW A new section 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:
Actions for abduction prevention measures.
This act shall be known and may be cited as the "Uniform Child Abduction Prevention Act".
(a) A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.
SECTION 2.
(b) 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 LAW A new section of law to be codified in the Oklahoma Statutes as Section 571-102 of Title 43, unless there is created a duplication in numbering, reads as follows:
(c) A State's Attorney or other appropriate public official designated under Section 315 of the Uniform Child-Custody Jurisdiction and Enforcement Act may seek a warrant to take physical custody of a child under Section 9 of this Act or other appropriate prevention measures.
As used in this act:
Section 5.
1.
Jurisdiction.
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"Abduction" means the wrongful removal or wrongful retention of a child;
(a) A petition under this Act may be filed only in a 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" means an unemancipated individual who is less than eighteen (18) years of age;
HB5928 - 4 - LRB096 18061 AJO 33435 b Section 6.
3.
Contents of petition.
"Child custody determination" means a judgment, decree, or other court order providing for the legal custody, physical custody, or visitation with respect to a child.
A petition under this Act must be verified and include a copy of any existing child-custody determination, if available.
The term includes a permanent, temporary, initial, and modification order;
The petition must specify the risk factors for abduction, 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 custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue.
(1) the name, date of birth, and gender of the child;
The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence;
(2) the customary address and current physical location of the child;
5.
(3) the identity, customary address, and current physical location of the respondent;
"Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination;
(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;
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" includes a motion or its equivalent;
and (6) any other information required to be submitted to the court for a child-custody determination under Section 209 of the Uniform Child-Custody Jurisdiction and Enforcement Act.
7.
HB5928 - 5 - LRB096 18061 AJO 33435 b Section 7.
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
Factors to determine risk of abduction.
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" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the ENR.
(1) has previously abducted or attempted to abduct the 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 Page 2 United States.
(B) selling a primary residence;
The term includes a federally recognized Indian tribe or nation;
(C) terminating a lease;
9.
(D) closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities;
"Travel document" means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations.
(E) applying for a passport or visa or obtaining travel documents for the respondent, a family member, or the child;
The term does not include a passport or visa;
or (F) seeking to obtain the child's birth certificate or school or medical records;
10.
(4) has engaged in domestic violence, stalking, or child abuse or neglect;
"Wrongful removal" means the taking of a child that breaches rights of custody or visitation given or recognized under the laws of this state;
(5) has refused to follow a child-custody determination;
and 11.
(6) lacks strong familial, financial, emotional, or HB5928 - 6 - LRB096 18061 AJO 33435 b cultural ties to the state or the United States;
"Wrongful retention" means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the laws of this state.
(7) has strong familial, financial, emotional, or cultural ties to another state or country;
SECTION 3.
(8) is likely to take the child to a country that:
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 571-103 of Title 43, unless there is created a duplication in numbering, reads as follows:
(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;
The provisions of the Uniform Child Custody Jurisdiction and Enforcement Act as provided in Sections 551-110, 551-111, and 551- of Title 43 of the Oklahoma Statutes shall apply to cooperation and communications among courts in proceedings under this act.
(B) is a party to the Hague Convention on the civil aspects of international child abduction but:
SECTION 4.
(i) the Hague Convention on the civil aspects of international child abduction is not in force between the United States and that country;
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 571-104 of Title 43, unless there is created a duplication in numbering, reads as follows:
(ii) is noncompliant according to the most recent compliance report issued by the United States department of state;
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 court on its own motion may order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.
(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;
B.
(D) has laws or practices that would:
A party to a child custody determination or another individual or entity having a right under the laws 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.
HB5928 - 7 - LRB096 18061 AJO 33435 b (i) enable the respondent, without due cause, to prevent the petitioner from contacting the child;
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;
As authorized by Section 551-315 of Title 43 of the Oklahoma Statutes, a district attorney may seek a warrant to take physical custody of a child pursuant to Section 9 of this act, or to take other appropriate prevention measures.
or (iii) restrict the child's ability legally to leave the country after the child reaches the age of majority because of a child's gender, nationality, or religion;
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 Page 3 SECTION 5.
(10) has had an application for United States citizenship denied;
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 571-105 of Title 43, unless there is created a duplication in numbering, reads as follows:
(11) has forged or presented misleading or false evidence on government forms or supporting documents to HB5928 - 8 - LRB096 18061 AJO 33435 b obtain or attempt to obtain a passport, a visa, travel documents, a Social 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;
A petition under this act may be filed only in a court that has jurisdiction to make a child custody determination with respect to the child at issue pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, Section 551-201 et seq.
or (13) has engaged in any other conduct the court considers relevant to the risk of abduction.
of Title of the Oklahoma Statutes.
(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.
B.
Section 8.
A court of this state has temporary emergency jurisdiction under Section 551-204 of Title 43 of the Oklahoma Statutes if the court finds a credible risk of abduction.
Provisions and measures to prevent abduction.
SECTION 6.
(a) If a petition is filed under this Act, the court may enter an order that must include:
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 571-106 of Title 43, unless there is created a duplication in numbering, reads as follows:
(1) the basis for the court's exercise of jurisdiction;
A petition under this act shall be verified and include a copy of any existing child custody determination, if available.
(2) the manner in which notice and opportunity to be heard were given to the people entitled to notice of the proceeding;
The petition shall specify the risk factors for abduction, including the relevant factors described in Section 7 of this act.
(3) a detailed description of each party's custody and visitation rights and residential arrangements for the child;
Subject to subsection E of Section 551-209 of Title 43 of the Oklahoma Statutes, if reasonably ascertainable, the petition shall contain:
(4) a provision stating that a violation of the order HB5928 - 9 - LRB096 18061 AJO 33435 b may subject the party in 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 name, date of birth, and gender of the child;
(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.
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 abduction prevention order may include one or more of the following:
(1) an imposition of travel restrictions that require that a 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 imposition of travel restrictions that require that a party traveling with the child outside a designated geographical area provide the other party with the following:
(B) a list of physical addresses and telephone HB5928 - 10 - LRB096 18061 AJO 33435 b numbers at which the child can be reached at specified times;
a.
and (C) copies of all travel documents;
the travel itinerary of the child, b.
(2) a prohibition of the respondent directly or indirectly:
a list of physical addresses and telephone numbers at which the child can be reached at specified times, and c.
(A) removing the child from this State, the United States, or another geographic area without permission of the court or the petitioner's written consent;
copies of all travel documents;
(B) removing or retaining the child in violation of a child-custody determination;
2.
(C) removing the child from school or a child-care or similar facility;
A prohibition of the respondent directly or indirectly:
or (D) approaching the child at any 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;
2081 Page 8 a.
and HB5928 - 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 the child from this state, the United States, or another geographic area without permission of the court or the petitioner's written consent, b.
(5) as a prerequisite to exercising custody or visitation, a requirement that the respondent provide:
removing or retaining the child in violation of a child custody determination, c.
(A) to the United States Department of State Office of Children's Issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child;
removing the child from school or a child-care or similar facility, or d.
(B) to the court:
approaching the child at any location other than a site designated for supervised visitation;
(i) proof that the respondent has provided the information in subparagraph (A);
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 requirement that a party register the order in another state as a prerequisite to allowing the child to travel to that state;
(C) to the petitioner, proof of registration with the United States embassy or other United States diplomatic presence in the destination country and with the central authority for the Hague Convention on the civil aspects of international child abduction, if that 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.
With regard to the child's passport:
Section 552a, as amended, with respect to any document, application, or other information pertaining to the child 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 direction that the petitioner place the child's name in the United States Department of State's Child Passport Issuance Alert Program, b.
(d) In an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that:
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, and c.
(1) limit visitation or require that visitation with the child by the respondent be supervised until the court finds that supervision is no longer necessary and order the respondent to pay the costs of supervision;
a prohibition upon the respondent from applying on behalf of the child for a new or replacement passport or visa;
(2) 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's fees and costs if there is an abduction;
5.
and (3) require the respondent to obtain education on the potentially harmful effects to the child from abduction.
As a prerequisite to exercising custody or visitation, a requirement that the respondent provide:
(e) To prevent imminent abduction of a child, a court may:
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;
to the United States Department of State Office of Children's Issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child, b.
HB5928 - 13 - LRB096 18061 AJO 33435 b (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 law of this State other than this Act;
to the court:
or (3) grant any other relief allowed under the 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 Page 9 (1) proof that the respondent has provided the information in subparagraph a of paragraph 5 of subsection C of this section, and (2) 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, c.
(b) The respondent on a petition under subsection (a) must 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.
to the petitioner, proof of registration with the United States Embassy or other United States diplomatic presence in the destination country and with the Central Authority for the Hague Convention on the Civil Aspects of International Child Abduction, if that Convention is in effect between the United States and the destination country, unless one of the parties objects, and d.
In that event, the court shall hold the hearing on the first judicial day possible.
a written waiver under the Privacy Act, Section 552a of Title 5 of the United States Code, as amended, with respect to any document, application, or other information pertaining to the child authorizing its disclosure to the court and the petitioner;
(c) An ex parte warrant under subsection (a) to take physical custody of a child must:
and 6.
(1) 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 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.
(2) direct law enforcement officers to take physical custody of the child immediately;
D.
(3) state the date and time for the hearing on the petition;
In an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that:
and (4) provide for the safe interim placement of the child pending further order of 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 visitation or require that visitation with the child by the respondent be supervised until the court finds that supervision is no longer necessary and order the respondent to pay the costs of supervision;
(e) The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody.
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;
and ENR.
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2081 Page 11 4.
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 the court finds, after a hearing, that a petitioner sought an ex parte warrant under subsection A of this section for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney fees, costs, and expenses.
(h) This Act does not affect the availability of relief allowed under the law of this State other than this Act.
H.
Section 10.
This act does not affect the availability of relief allowed under the laws of this state other than this act.
Duration of abduction prevention order.
SECTION 10.
An abduction prevention order remains in effect until the earliest of:
NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 571-110 of Title 43, unless there is created a duplication in numbering, reads as follows:
(1) the time stated in the order;
An abduction prevention order remains in effect until the earliest of the:
(2) the emancipation of the child;
1.
(3) the child's attaining 18 years of age;
Time stated in the order;
or (4) the time the 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.
Emancipation of the child;
Uniformity of application 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.
Child attaining eighteen (18) years of age;
Section 12.
or 4.
Relation to the Electronic Signatures in Global and National Commerce Act.
Time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under Sections 551-201, 551-202, and ENR.
This Act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C.
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.
ENR.
H.
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NO.
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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2081 Page 14