§ 14-13.5-101. Short Title

This article may be cited as the “Uniform Child Abduction Prevention Act”. Source: L. 2007: Entire article added, p. 767, § 1, effective May 14.

§ 14-13.5-102. Definitions

In this article: “Abduction” means the wrongful removal or wrongful retention of a child. “Child” means an unemancipated individual who is less than 18 years of age. “Child-custody determination” means a judgment, decree, or other order of a court providing for the legal custody or physical custody of a child, allocating parental responsibilities with respect […]

§ 14-13.5-103. Cooperation and Communication Among Courts

Sections 14-13-110, 14-13-111, and 14-13-112 shall apply to cooperation and communications among courts in proceedings under this article. Source: L. 2007: Entire article added, p. 768, § 1, effective May 14. OFFICIAL COMMENT It is possible, even likely, that abduction situations will involve more than one state. Thus, there is a need for mechanisms for […]

§ 14-13.5-104. 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 […]

§ 14-13.5-105. Jurisdiction

A petition under this article 13.5 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”, article 13 of this title 14. A court with jurisdiction to modify an order concerning the allocation of parental […]

§ 14-13.5-106. Contents of Petition

A petition under this article 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 section 14-13.5-107. Subject to section 14-13-209, if reasonably ascertainable, the petition must contain: The name, date of birth, and gender of […]

§ 14-13.5-107. 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 […]

§ 14-13.5-108. Provisions and Measures to Prevent Abduction

If a petition is filed under this article, 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 […]

§ 14-13.5-109. Warrant to Take Physical Custody of Child

If a petition under this article 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 (1) of this section must […]

§ 14-13.5-110. 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 years of age; or The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under sections 14-13-201 to 14-13-203. Source: L. 2007: Entire article […]

§ 14-13.5-111. Uniformity of Applications 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: L. 2007: Entire article added, p. 775, § 1, effective May 14.

§ 14-13.5-112. Relation to Electronic Signatures in Global and National Commerce Act

This article modifies, limits, and supersedes the federal “Electronic Signatures in Global and National Commerce Act”, 15 U.S.C. sec. 7001, et seq., but does not modify, limit, or supersede section 101(c) of the act, 15 U.S.C. sec. 7001(c), of that act or authorize electronic delivery of any of the notices described in section 103(b) of […]