Section 30-3C-1 – Short Title.

Section 30-3C-1 Short title. This chapter may be cited as the Alabama Uniform Child Abduction Prevention Act. (Act 2010-212, p. 339, §1.)

Section 30-3C-10 – Duration of Abduction Prevention Order.

Section 30-3C-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of the child; (3) the child’s attaining 19 years of age; or (4) the time the order is modified, revoked, vacated, or superseded by a court with […]

Section 30-3C-11 – Costs, Fees, and Expenses.

Section 30-3C-11 Costs, fees, and expenses. (a) Under this chapter, a court may award or assess against any party, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, state agency expenses, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the […]

Section 30-3C-12 – Uniformity of Application and Construction.

Section 30-3C-12 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. (Act 2010-212, p. 339, §12.)

Section 30-3C-13 – Relation to Electronic Signatures in Global and National Commerce Act.

Section 30-3C-13 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), or authorize electronic delivery of […]

Section 30-3C-2 – Definitions.

Section 30-3C-2 Definitions. In this chapter, the following terms have the following meanings: (1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD. An unemancipated individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION. A judgment, decree, or other order of a court providing for the legal custody, physical […]

Section 30-3C-3 – Cooperation and Communication Among Courts.

Section 30-3C-3 Cooperation and communication among courts. Sections 30-3B-110, 30-3B-111, and 30-3B-112 of the Uniform Child Custody Jurisdiction and Enforcement Act apply to cooperation and communications among courts in proceedings under this chapter. (Act 2010-212, p. 339, §3.)

Section 30-3C-4 – Actions for Abduction Prevention Measures.

Section 30-3C-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 […]

Section 30-3C-5 – Jurisdiction.

Section 30-3C-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 the Uniform Child Custody Jurisdiction and Enforcement Act, Chapter 3B of this title. (b) Notwithstanding subsection (a), a court of this state has […]

Section 30-3C-6 – Contents of Petition.

Section 30-3C-6 Contents of petition. A petition under this chapter must be verified and include a copy of any existing child-custody determination, if available. If a child-custody determination is not available, the petition must state the petitioner’s right to make a petition, as described under subsection (b) of Section 30-3C-4, and provide the basis for […]

Section 30-3C-7 – Factors to Determine Risk of Abduction.

Section 30-3C-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 a child; (2) has threatened to abduct a child; (3) has recently engaged in […]

Section 30-3C-8 – Emergency Measures to Prevent Abduction.

Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition filed under this chapter, before a hearing on the matter, the court may enter an ex parte order for emergency measures to prevent abduction, including an ex parte warrant to take physical custody of the child, or an order for any other […]

Section 30-3C-9 – Hearing on Petition to Prevent Abduction.

Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed under this chapter, the court may set a preliminary hearing as necessary, and shall cause to be issued all summonses and notices as required by law and otherwise deemed necessary and appropriate. Should the court determine from the petition, or on […]