§ 36-6-602. Part Definitions
In this part: “Abduction” means the wrongful removal or wrongful retention of a child; “Child” means an unemancipated individual who is less than eighteen (18) years of age; “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. The […]
§ 36-6-603. Cooperation and Communication Among Courts
Sections 36-6-210, 36-6-211 and 36-6-212 apply to cooperation and communications among courts in proceedings under this part.
§ 36-6-604. Actions for Abduction Prevention Measures
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. 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 […]
§ 36-6-605. Jurisdiction
A petition under this part may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under part 2 of this chapter. A court of this state has temporary emergency jurisdiction under § 36-6-219 if the court finds a credible risk of abduction.
§ 36-6-606. Contents of Petition
A petition under this part must be verified and include a copy of any existing child-custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described in § 36-6-607. Subject to § 36-6-224(e), if reasonably ascertainable, the petition must contain: The name, date of birth, and gender of […]
§ 36-6-607. Factors to Determine Risk of Abduction
In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent: Has previously abducted or attempted to abduct the child; Has threatened to abduct the child; Has recently engaged in activities that may indicate a planned abduction, including: Abandoning employment; Selling a […]
§ 36-6-608. Provisions and Measures to Prevent Abduction
If a petition is filed under this part, the court may enter an order that must include: The basis for the court’s exercise of jurisdiction; The manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding; A detailed description of each party’s custody and visitation […]
§ 36-6-504. Hearing to Contest Court’s Intention to Issue Finding of Noncompliance — Consent Order
If a parent requests a hearing pursuant to this part to contest the court’s intention to issue a finding of noncompliance to a licensing authority, the court shall conduct the hearing only to determine: Whether the licensee is a parent subject to an order of visitation; Whether the licensee is not in compliance with an […]
§ 36-6-505. Requesting Hearing for Noncompliance
If a parent timely requests a hearing to contest the issue of compliance, the court shall stay the action and may not certify the name of such parent to any licensing authority for noncompliance with an order of visitation until the court issues a written decision after a hearing that finds such parent is not […]
§ 36-6-506. Determining Noncompliance of Visitation
The court may certify in writing or by electronic data exchange to each licensing authority that the offending parent is not in compliance with an order of visitation if: Such parent does not timely request a hearing upon service of notice issued under § 36-6-503; Such parent has not entered into a consent order as […]