§ 36-6-601. Short Title
This part shall be known and may be cited as the “Uniform Child Abduction Prevention Act.”
§ 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 […]
§ 36-6-609. Warrant to Take Physical Custody of Child
If a petition under this part 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. The respondent on a petition under subsection (a) must be afforded an […]
§ 36-6-610. Duration of Abduction Prevention Order
An abduction prevention order remains in effect until the earliest of: The time stated in the order; The emancipation of the child; The child’s attaining eighteen (18) years of age; or The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under §§ 36-6-216 — 36-6-218 and other applicable law […]
§ 36-6-611. 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.
§ 36-6-612. Relation to Electronic Signatures in Global and National Commerce Act
This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede § 101(c) of the act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in § 103(b) of that act (15 […]