Section 26-18-9 – Warrant to take physical custody of child.
26-18-9. Warrant to take physical custody of child. (a) If a petition under this chapter 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 […]
Section 26-18-10 – Duration of abduction prevention order.
26-18-10. Duration of abduction prevention order. An abduction prevention order remains in effect until the earliest of: (1)The time stated in the order; (2)The emancipation of the child; (3)The child’s attaining eighteen years of age; or (4)The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under §§26-5B-201 to 26-5B-203, […]
Section 26-18-11 – Uniformity of application and construction.
26-18-11. Uniformity of application and construction. 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. Source: SL 2007, ch 169, §11.
Section 26-18-12 – Relation to Electronic Signatures in Global and National Commerce Act.
26-18-12.Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., 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 […]
Section 26-18-3 – Cooperation and communication among courts.
26-18-3. Cooperation and communication among courts. Sections 26-5B-110, 26-5B-111, and 26-5B-112 apply to cooperation and communications among courts in proceedings under this chapter. Source: SL 2007, ch 169, §3.
Section 26-18-4 – Actions for abduction prevention measures.
26-18-4. Actions for abduction prevention measures. (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. (b) A party to a child-custody determination or another individual or entity having a right under the […]
Section 26-18-5 – Jurisdiction.
26-18-5. Jurisdiction. (a) A petition under this chapter may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under chapter 26-5B. (b) A court of this state has temporary emergency jurisdiction under §26-5B-204 if the court finds a credible risk of abduction. Source: […]
Section 26-18-6 – Contents of petition.
26-18-6. Contents of petition. A petition under this chapter 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 §26-18-7. Subject to subsection 26-5B-209(e), if reasonably ascertainable, the petition must contain: (1)The name, date of birth, […]
Section 26-18-7 – Factors to determine risk of abduction.
26-18-7. Factors to determine risk of abduction. (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 […]
Section 26-18-8 – Provisions and measures to prevent abduction.
26-18-8. Provisions and measures to prevent abduction. (a) If a petition is filed under this chapter, the court may enter an order that must include: (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 […]