M.C.L.A. § 722.1521
Sec. 1. This act shall be known and may be cited as the “uniform child
abduction prevention act”
M.C.L.A. § 722.1522
Sec. 2. As used in this act:
(a) “Abduction” means the wrongful removal or
wrongful retention of a child.
(b) “Child” means an unemancipated individual
who is less than 18 years of age.
(c) “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. Child custody
determination includes a permanent, temporary, initial, or modification order.
(d) “Child-custody proceeding” means a
proceeding in which legal custody, physical custody, or visitation with respect
to a child is at issue. Child-custody proceeding includes a proceeding for
divorce, dissolution of marriage, separation, neglect, abuse, dependency,
guardianship, paternity, termination of parental rights, or protection from
domestic violence.
(e) “Court” means an entity authorized under the
law of a state to establish, enforce, or modify a child-custody determination.
(f) “Domestic violence” means that term as
defined in section 1 of 1978 PA 389, MCL 400.1501.
(g) “Enhanced driver license” and “enhanced
official state personal identification card” mean those terms as defined in
section 2 of the enhanced driver license and enhanced official state personal
identification card act, 2008 PA 23, MCL 28.302.
(h) “Home state” means that term as defined in
section 102 of the uniform child-custody jurisdiction and enforcement act, 2001
PA 195, MCL 722.1102.
(i) “Petition” includes a motion or its
equivalent.
(j) “Protection order” means either of the
following:
(i)
An order entered under section 2950 or 2950a of the revised judicature act of
1961, 1961 PA 236, MCL 600.2950 and 600.2950a, under section 6b of chapter V or
section 3(2)(o) of chapter XI of the code of criminal procedure, 1927 PA 175,
MCL 765.6b and 771.3, under section 13a of chapter XIIA of the probate code of
1939, 1939 PA 288, MCL 712a.13a, or under section 36(16) of the corrections
code of 1953, 1953 PA 232, MCL 791.236.
(ii)
A foreign protection order as defined in section 2950h of the revised
judicature act of 1961, 1961 PA 236, MCL 600.2950h.
(k) “Record” means information that is inscribed
on a tangible medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(l) “State” means a state of the United
States, the District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the jurisdiction of
the United States. State includes a federally recognized Indian tribe or
nation.
(m) “Travel document” means records relating to
a travel itinerary, including travel tickets, passes, reservations for
transportation, or accommodations. Travel document does not include a passport
or visa.
(n) “Visitation” includes parenting time as that
term is used in the support and parenting time enforcement act, 1982 PA 295,
MCL 552.601 to 552.650.
(o) “Wrongful removal” means the taking of a
child that breaches rights of custody or visitation given or recognized under
the law of this state. Wrongful removal does not include actions taken to
provide for the safety of a party or the child.
(p) “Wrongful retention” means the keeping or
concealing of a child that breaches rights of custody or visitation given or
recognized under the law of this state. Wrongful retention does not include
actions taken to provide for the safety of a party or the child.
M.C.L.A. § 722.1523
Sec. 3. Sections 110 to 112 of the uniform child-custody jurisdiction and
enforcement act, 2001 PA 195, MCL 722.1110 to 722.1112, apply to cooperation
and communications among courts in proceedings under this act.
M.C.L.A. § 722.1524
Sec. 4. (1) 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.
(2) 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 to seek a child-custody determination for the child may file a
petition seeking abduction prevention measures to protect the child under this
act.
(3) A prosecutor or the attorney general may
seek a warrant to take physical custody of a child under section 9 or other
appropriate prevention measures.
M.C.L.A. § 722.1525
Sec. 5. (1) A petition under this act 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, 2001 PA 195, MCL 722.1101 to 722.1406.
(2) A court of this state has temporary
emergency jurisdiction under section 204 of the uniform child-custody
jurisdiction and enforcement act, 2001 PA 195, MCL 722.1204, if the court finds
a credible risk of abduction.
M.C.L.A. § 722.1526
Sec. 6. A petition under this act shall be verified and include a copy
of any existing child-custody determination, if available. The petition shall
specify the risk factors for abduction, including the relevant factors
described in section 7. Subject to section 209(5) of the uniform child-custody
jurisdiction and enforcement act, 2001 PA 195, MCL 722.1209, if reasonably
ascertainable, the petition must contain all of the following:
(a)
The name, date of birth, and gender of the child.
(b)
The customary address and current physical location of the child.
(c)
The identity, customary address, and current physical location of the
respondent.
(d)
A statement of whether a prior action to prevent abduction or domestic violence
has been filed by a party or other individual or entity having custody of the
child, and the date, location, and disposition of the action.
(e)
A statement of whether a party to the proceeding has been arrested for a crime
related to domestic violence, stalking, or child abuse or neglect, and the date,
location, and disposition of the case.
(f)
Information regarding any protection order previously entered involving either
party or the child.
(g)
Any other information required to be submitted to the court for a child-custody
determination under section 209 of the uniform child-custody jurisdiction and
enforcement act, 2001 PA 195, MCL 722.1209.
M.C.L.A. § 722.1527
Sec. 7. (1) 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 done any of the following or that any of
the following apply to the petitioner or respondent:
(a)
Previously abducted or attempted to abduct the child.
(b)
Threatened to abduct the child.
(c)
Except for planning activities related to providing for the safety of a party
or the child while avoiding or attempting to avoid domestic violence, recently
engaged in activities that may indicate a planned abduction, including any of
the following:
(i)
Abandoning employment.
(ii)
Selling a primary residence.
(iii)
Terminating a lease.
(iv)
Closing bank or other financial management accounts, liquidating assets, hiding
or destroying financial documents, or conducting any unusual financial
activities.
(v)
Applying for a passport or visa or obtaining travel documents for the
respondent, a family member, or the child.
(vi)
Applying for or obtaining an enhanced driver license or enhanced official state
personal identification card for the respondent, a family member, or the child.
(vii)
Seeking to obtain the child's birth certificate or school or medical records.
(d)
Engaged in domestic violence, stalking, or child abuse or neglect.
(e)
Refused to follow a child-custody determination.
(f)
Lacks strong familial, financial, emotional, or cultural ties to this state or
the United States.
(g)
Has strong familial, financial, emotional, or cultural ties to another state or
country.
(h)
Is likely to take the child to a country to which any of the following apply:
(i)
The country is not a party to the Hague convention on the civil aspects of
international child abduction and does not provide for the extradition of an
abducting parent or for the return of an abducted child.
(ii)
The country is a party to the Hague convention on the civil aspects of
international child abduction but 1 or more of the following apply:
(A)
The Hague convention on the civil aspects of international child abduction is
not in force between the United States and the country.
(B)
The country is noncompliant according to the most recent compliance report
issued by the United States department of state.
(C)
The country lacks legal mechanisms for immediately and effectively enforcing a
return order under the Hague convention on the civil aspects of international
child abduction.
(iii)
The country poses a risk that the child's physical or emotional health or
safety would be endangered in the country because of specific circumstances
relating to the child or because of human rights violations committed against
children.
(iv)
The country has laws or practices that would do 1 or more of the following:
(A)
Enable the respondent, without due cause, to prevent the petitioner from
contacting the child.
(B)
Restrict the petitioner from freely traveling to or exiting from the country
because of the petitioner's gender, nationality, marital status, or religion.
(C)
Restrict the child's ability legally to leave the country after the child
reaches the age of majority because of the child's gender, nationality, or
religion.
(v)
The country is included by the United States department of state on a current
list of state sponsors of terrorism.
(vi)
The country does not have an official United States diplomatic presence in the
country.
(vii)
The country is engaged in active military action or war, including a civil war,
to which the child may be exposed.
(i)
Is undergoing a change in immigration or citizenship status that would
adversely affect the respondent's ability to remain in the United States
legally.
(j)
Has had an application for United States citizenship denied.
(k)
Has forged or presented misleading or false evidence on government forms or
supporting documents to obtain or attempt to obtain a passport, a visa, travel
documents, a social security card, a driver license, or other government-issued
identification card or has made a misrepresentation to the United States
government.
(l)
Has used multiple names to attempt to mislead or defraud.
(m)
Has engaged in any other conduct the court considers relevant to the risk of
abduction.
(2) If the court finds during a hearing on a
petition under this act that the respondent's conduct was intended to avoid
domestic violence or imminent harm to the child or the respondent, the court
shall not issue an abduction prevention order.
M.C.L.A. § 722.1528
Sec. 8. (1) If a petition is filed under this act, the court may enter an
order. If entered, the order shall include all of the following:
(a)
The basis for the court's exercise of jurisdiction.
(b)
The manner in which notice and opportunity to be heard were given to the
persons entitled to notice of the proceeding.
(c)
A detailed description of each party's custody and visitation rights and
residential arrangements for the child.
(d)
A provision stating that a violation of the order may subject the party in violation
to civil and criminal penalties.
(e)
Identification of the child's home state or country of habitual residence at
the time of the issuance of the order.
(2) If, at a hearing on a petition under this
act or on the court's own motion, the court after reviewing the evidence finds
a credible risk of abduction of the child, the court shall enter an abduction
prevention order. The order shall include the provisions required by subsection
(1) and measures and conditions, including those in subsections (3) to (5),
that are reasonably calculated to prevent abduction of the child, giving due
consideration to the custody and visitation rights of the parties and the
safety of the parties and the child. The court shall consider the age of the
child, the potential harm to the child from an abduction, the legal and
practical difficulties of returning the child to the jurisdiction if abducted,
and the reasons for the potential abduction, including evidence of domestic
violence, stalking, or child abuse or neglect.
(3) An abduction prevention order may include 1
or more of the following:
(a)
An imposition of travel restrictions that require that a party traveling with
the child outside a designated geographical area provide the other party with
all of the following:
(i)
The travel itinerary of the child.
(ii)
A list of physical addresses and telephone numbers at which the child can be
reached at specified times.
(iii)
Copies of all travel documents.
(b)
A prohibition of the respondent directly or indirectly doing any of the
following:
(i)
Removing the child from this state, the United States, or another geographic
area without permission of the court or the petitioner's written consent.
(ii)
Removing or retaining the child in violation of a child-custody determination.
(iii)
Removing the child from school or a child care or similar facility.
(iv)
Approaching the child at any location other than a site designated for
supervised visitation.
(c)
A requirement that a party register the order in another state as a
prerequisite to allowing the child to travel to that state.
(d)
With regard to the child's passport, any of the following:
(i)
A direction that the petitioner place the child's name in the United States
department of state's child passport issuance alert program.
(ii)
A requirement that the respondent surrender to the court or the petitioner's
attorney any United States or foreign passport issued in the child's name,
including a passport issued in the name of both the parent and the child.
(iii)
A requirement that the respondent surrender to the court or the petitioner's
attorney his or her enhanced driver license or enhanced official state personal
identification card issued in the child's name.
(iv)
A prohibition on the respondent applying on behalf of the child for a new or
replacement passport or visa.
(e)
As a prerequisite to exercising custody or visitation, a requirement that the
respondent provide 1 or more of the following:
(i)
To the United States department of state office of children's issues and the
relevant foreign consulate or embassy, an authenticated copy of the order
detailing passport and travel restrictions for the child.
(ii)
To the court, 1 or both of the following:
(A)
Proof that the respondent has provided the information in subparagraph (i).
(B)
An acknowledgment in a record from the relevant foreign consulate or embassy
that no passport application has been made, or passport issued, on behalf of
the child.
(iii)
To the petitioner, proof of registration with the United States embassy or
other United States diplomatic presence in the destination country and with the
central authority for the Hague convention on the civil aspects of
international child abduction, if that convention is in effect between the
United States and the destination country, unless 1 of the parties objects.
(iv)
A written waiver under 5 USC 552a, popularly known as the privacy act, with
respect to any document, application, or other information pertaining to the
child authorizing its disclosure to the court and the petitioner.
(f)
On the petitioner's request, a requirement that the respondent obtain an order
from the relevant foreign country containing terms identical to the
child-custody determination issued in the United States.
(4) In an abduction prevention order, the court
may impose conditions on the exercise of custody or visitation that do 1 or
more of the following:
(a)
Limit visitation or require that visitation with the child by the respondent be
supervised until the court finds that supervision is no longer necessary and
order the respondent to pay the costs of supervision.
(b)
Require the respondent to post a bond or provide other security in an amount
sufficient to serve as a financial deterrent to abduction, the proceeds of
which may be used to pay for the reasonable expenses of recovery of the child,
including reasonable attorney fees and costs if there is an abduction.
(c)
Require the respondent to obtain education on the potentially harmful effects
to the child from abduction.
(5) To prevent imminent abduction of a child, a
court may do 1 or more of the following:
(a)
Issue a warrant to take physical custody of the child under section 9 or other
law of this state.
(b)
Direct the use of law enforcement to take any action reasonably necessary to
locate the child, obtain return of the child, or enforce a custody
determination under this act or other law of this state.
(c)
Grant any other relief allowed under the law of this state.
(6) The remedies provided in this act are
cumulative and do not affect the availability of other remedies to prevent
abduction.
M.C.L.A. § 722.1529
Sec. 9. (1) If a petition under this act alleges 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.
(2) The respondent to a petition under
subsection (1) shall be afforded an opportunity to be heard at the earliest
possible time after the ex parte warrant is executed, but not later than the
next judicial day unless a hearing on that date is impossible. If a hearing on
the next judicial day is impossible, the court shall hold the hearing on the
first judicial day possible.
(3) An ex parte warrant under subsection (1) to
take physical custody of a child shall do all of the following:
(a)
Recite the facts on which a determination of a credible risk of imminent
wrongful removal of the child is based.
(b)
Direct law enforcement officers to take physical custody of the child
immediately.
(c)
State the date and time for the hearing on the petition.
(d)
Provide for the safe interim placement of the child pending further order of
the court.
(4) If feasible, before issuing a warrant under
this section and before determining the placement of the child after the
warrant is executed, the court may order a search of the relevant databases of
the national crime information center system and similar state databases to
determine if either the petitioner or respondent has a history of domestic
violence, stalking, or child abuse or neglect.
(5) A petition and warrant under this section
shall be served on the respondent when or immediately after the child is taken
into physical custody.
(6) A warrant to take physical custody of a
child, issued by this state or another state, is enforceable throughout this
state. If the court finds that a less intrusive remedy will not be effective,
it may authorize law enforcement officers to enter private property to take
physical custody of the child. If required by exigent circumstances, the court
may authorize law enforcement officers to make a forcible entry at any hour.
(7) If the court finds, after a hearing, that a
petitioner sought an ex parte warrant under subsection (1) for the purpose of
harassment or in bad faith, the court may award the respondent reasonable
attorney fees, costs, and expenses.
(8) This act does not affect the availability of
relief allowed under other law of this state.
M.C.L.A. § 722.1530
Sec. 10. An abduction prevention order remains in effect until the
earliest of the following:
(a)
The time stated in the order.
(b)
The emancipation of the child.
(c)
The child's attaining 18 years of age.
(d)
The time the order is modified, revoked, vacated, or superseded by a court with
jurisdiction under sections 201 to 203 of the uniform child-custody
jurisdiction and enforcement act, 2001 PA 195, MCL 722.1201 to 722.1203, or
other applicable law of this state.
M.C.L.A. § 722.1531
Sec. 11. In applying and construing this uniform act, a court shall
consider the need to promote uniformity of the law with respect to its subject
matter among states that enact it.
M.C.L.A. § 722.1532
Sec. 12.
This act modifies, limits, and supersedes the federal electronic signatures in
global and national commerce act, 15 USC 7001 to 7031, but does not modify,
limit, or supersede 15 USC 7001(c) or authorize electronic delivery of any of
the notices described in 15 USC 7003(b).
This act is ordered to
take immediate effect
Effective date: January
12, 2015