38-13a08.Provisions and measures to preventabduction.(a) If a petition is filed under this act, the court may enteran 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 thepersons entitled to notice of the proceeding;
(3) a detailed description of each party's custody and visitation rights andresidential arrangements for the child;
(4) a provision stating that a violation of the order may subject the partyinviolation to civil and criminal penalties; and
(5) identification of the child's country of habitual residence at the timeof theissuance of the order.
(b) If, at a hearing on a petition under this act or on the court's ownmotion, the courtafter reviewing the evidence finds a credible risk of abduction of the child,the court shall enteran abduction prevention order. The order must include the provisions requiredby subsection (a)and measures and conditions, including those in subsections (c), (d), and (e),that are reasonablycalculated to prevent abduction of the child, giving due consideration to thecustody andvisitation rights of the parties. The court shall consider the age of thechild, the potential harm tothe child from an abduction, the legal and practical difficulties of returningthe child to thejurisdiction if abducted, and the reasons for the potential abduction,including evidence of domestic violence, stalking, or child abuse or neglect.
(c) An abduction prevention order may include one or more of the following:
(1) an imposition of travel restrictions that require that a party travelingwith thechild outside a designated geographical area provide the other party with thefollowing:
(A) the travel itinerary of the child;
(B) a list of physical addresses and telephone numbers at which the childcan be reached at specified times; and
(C) copies of all travel documents;
(2) a prohibition of the respondent directly or indirectly:
(A) removing the child from this state, the United States, or anothergeographic area without permission of the court or the petitioner's writtenconsent;
(B) removing or retaining the child in violation of a child-custodydetermination;
(C) removing the child from school or a child-care or similarfacility; or
(D) approaching the child at any location other than a site designatedforsupervised visitation;
(3) a requirement that a party to register the order in another state as aprerequisiteto allowing the child to travel to that state;
(4) with regard to the child's passport:
(A) a direction that the petitioner to place the child's name in the UnitedStates department of state's child passport issuance alert program;
(B) a requirement that the respondent surrender to the court or thepetitioner's attorney any United States or foreign passport issued in thechild's name, including apassport issued in the name of both the parent and the child; and
(C) a prohibition upon the respondent from applying on behalf of thechildfor a new or replacement passport or visa;
(5) as a prerequisite to exercising custody or visitation, a requirementthat therespondent provide:
(A) to the United States department of state office of children's issuesand the relevant foreign consulate or embassy, an authenticated copy of theorder detailingpassport and travel restrictions for the child;
(B) to the court:
(i) proof that the respondent has provided the information insubparagraph (A); and
(ii) an acknowledgment in a record from the relevant foreignconsulate or embassy that no passport application has been made, or passportissued, on behalf ofthe child;
(C) to the petitioner, proof of registration with the United Statesembassyor other United States diplomatic presence in the destination country and withthe centralauthority for the Hague Convention on the civil aspects of international childabduction, ifthat Convention is in effect between the United States and the destinationcountry, unless one ofthe parties objects; and
(D) a written waiver under the Privacy Act, 5 U.S.C. Section 552a, asamended, with respect to any document, application, or other informationpertaining to the child authorizing its disclosure to the court and thepetitioner; and
(6) upon the petitioner's request, a requirement that the respondent obtainan orderfrom the relevant foreign country containing terms identical to thechild-custody determinationissued in the United States.
(d) In an abduction prevention order, the court may impose conditions on theexercise ofcustody or visitation that:
(1) limit visitation or require that visitation with the child by therespondent besupervised until the court finds that supervision is no longer necessary andorder the respondentto pay the costs of supervision;
(2) require the respondent to post a bond or provide other security in anamountsufficient to serve as a financial deterrent to abduction, the proceeds ofwhich may be used to payfor the reasonable expenses of recovery of the child, including reasonableattorney's fees andcosts if there is an abduction; and
(3) require the respondent to obtain education on the potentially harmfuleffects tothe child from abduction.
(e) To prevent imminent abduction of a child, a court may:
(1) issue a warrant to take physical custody of the child under K.S.A. 2009Supp. 38-13a09, and amendments thereto, orthe lawof this state other than this act;
(2) direct the use of law enforcement to take any action reasonably necessarytolocate the child, obtain return of the child, or enforce a custodydetermination under this act orthe law of this state other than this act; or
(3) grant any other relief allowed under the law of this stateother than this act.
(f) The remedies provided in this act are cumulative and do not affect theavailability ofother remedies to prevent abduction.
38-13a08.Provisions and measures to preventabduction.(a) If a petition is filed under this act, the court may enteran 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 thepersons entitled to notice of the proceeding;
(3) a detailed description of each party's custody and visitation rights andresidential arrangements for the child;
(4) a provision stating that a violation of the order may subject the partyinviolation to civil and criminal penalties; and
(5) identification of the child's country of habitual residence at the timeof theissuance of the order.
(b) If, at a hearing on a petition under this act or on the court's ownmotion, the courtafter reviewing the evidence finds a credible risk of abduction of the child,the court shall enteran abduction prevention order. The order must include the provisions requiredby subsection (a)and measures and conditions, including those in subsections (c), (d), and (e),that are reasonablycalculated to prevent abduction of the child, giving due consideration to thecustody andvisitation rights of the parties. The court shall consider the age of thechild, the potential harm tothe child from an abduction, the legal and practical difficulties of returningthe child to thejurisdiction if abducted, and the reasons for the potential abduction,including evidence of domestic violence, stalking, or child abuse or neglect.
(c) An abduction prevention order may include one or more of the following:
(1) an imposition of travel restrictions that require that a party travelingwith thechild outside a designated geographical area provide the other party with thefollowing:
(A) the travel itinerary of the child;
(B) a list of physical addresses and telephone numbers at which the childcan be reached at specified times; and
(C) copies of all travel documents;
(2) a prohibition of the respondent directly or indirectly:
(A) removing the child from this state, the United States, or anothergeographic area without permission of the court or the petitioner's writtenconsent;
(B) removing or retaining the child in violation of a child-custodydetermination;
(C) removing the child from school or a child-care or similarfacility; or
(D) approaching the child at any location other than a site designatedforsupervised visitation;
(3) a requirement that a party to register the order in another state as aprerequisiteto allowing the child to travel to that state;
(4) with regard to the child's passport:
(A) a direction that the petitioner to place the child's name in the UnitedStates department of state's child passport issuance alert program;
(B) a requirement that the respondent surrender to the court or thepetitioner's attorney any United States or foreign passport issued in thechild's name, including apassport issued in the name of both the parent and the child; and
(C) a prohibition upon the respondent from applying on behalf of thechildfor a new or replacement passport or visa;
(5) as a prerequisite to exercising custody or visitation, a requirementthat therespondent provide:
(A) to the United States department of state office of children's issuesand the relevant foreign consulate or embassy, an authenticated copy of theorder detailingpassport and travel restrictions for the child;
(B) to the court:
(i) proof that the respondent has provided the information insubparagraph (A); and
(ii) an acknowledgment in a record from the relevant foreignconsulate or embassy that no passport application has been made, or passportissued, on behalf ofthe child;
(C) to the petitioner, proof of registration with the United Statesembassyor other United States diplomatic presence in the destination country and withthe centralauthority for the Hague Convention on the civil aspects of international childabduction, ifthat Convention is in effect between the United States and the destinationcountry, unless one ofthe parties objects; and
(D) a written waiver under the Privacy Act, 5 U.S.C. Section 552a, asamended, with respect to any document, application, or other informationpertaining to the child authorizing its disclosure to the court and thepetitioner; and
(6) upon the petitioner's request, a requirement that the respondent obtainan orderfrom the relevant foreign country containing terms identical to thechild-custody determinationissued in the United States.
(d) In an abduction prevention order, the court may impose conditions on theexercise ofcustody or visitation that:
(1) limit visitation or require that visitation with the child by therespondent besupervised until the court finds that supervision is no longer necessary andorder the respondentto pay the costs of supervision;
(2) require the respondent to post a bond or provide other security in anamountsufficient to serve as a financial deterrent to abduction, the proceeds ofwhich may be used to payfor the reasonable expenses of recovery of the child, including reasonableattorney's fees andcosts if there is an abduction; and
(3) require the respondent to obtain education on the potentially harmfuleffects tothe child from abduction.
(e) To prevent imminent abduction of a child, a court may:
(1) issue a warrant to take physical custody of the child under K.S.A. 2009Supp. 38-13a09, and amendments thereto, orthe lawof this state other than this act;
(2) direct the use of law enforcement to take any action reasonably necessarytolocate the child, obtain return of the child, or enforce a custodydetermination under this act orthe law of this state other than this act; or
(3) grant any other relief allowed under the law of this stateother than this act.
(f) The remedies provided in this act are cumulative and do not affect theavailability ofother remedies to prevent abduction.
38-13a08.Provisions and measures to preventabduction.(a) If a petition is filed under this act, the court may enteran 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 thepersons entitled to notice of the proceeding;
(3) a detailed description of each party's custody and visitation rights andresidential arrangements for the child;
(4) a provision stating that a violation of the order may subject the partyinviolation to civil and criminal penalties; and
(5) identification of the child's country of habitual residence at the timeof theissuance of the order.
(b) If, at a hearing on a petition under this act or on the court's ownmotion, the courtafter reviewing the evidence finds a credible risk of abduction of the child,the court shall enteran abduction prevention order. The order must include the provisions requiredby subsection (a)and measures and conditions, including those in subsections (c), (d), and (e),that are reasonablycalculated to prevent abduction of the child, giving due consideration to thecustody andvisitation rights of the parties. The court shall consider the age of thechild, the potential harm tothe child from an abduction, the legal and practical difficulties of returningthe child to thejurisdiction if abducted, and the reasons for the potential abduction,including evidence of domestic violence, stalking, or child abuse or neglect.
(c) An abduction prevention order may include one or more of the following:
(1) an imposition of travel restrictions that require that a party travelingwith thechild outside a designated geographical area provide the other party with thefollowing:
(A) the travel itinerary of the child;
(B) a list of physical addresses and telephone numbers at which the childcan be reached at specified times; and
(C) copies of all travel documents;
(2) a prohibition of the respondent directly or indirectly:
(A) removing the child from this state, the United States, or anothergeographic area without permission of the court or the petitioner's writtenconsent;
(B) removing or retaining the child in violation of a child-custodydetermination;
(C) removing the child from school or a child-care or similarfacility; or
(D) approaching the child at any location other than a site designatedforsupervised visitation;
(3) a requirement that a party to register the order in another state as aprerequisiteto allowing the child to travel to that state;
(4) with regard to the child's passport:
(A) a direction that the petitioner to place the child's name in the UnitedStates department of state's child passport issuance alert program;
(B) a requirement that the respondent surrender to the court or thepetitioner's attorney any United States or foreign passport issued in thechild's name, including apassport issued in the name of both the parent and the child; and
(C) a prohibition upon the respondent from applying on behalf of thechildfor a new or replacement passport or visa;
(5) as a prerequisite to exercising custody or visitation, a requirementthat therespondent provide:
(A) to the United States department of state office of children's issuesand the relevant foreign consulate or embassy, an authenticated copy of theorder detailingpassport and travel restrictions for the child;
(B) to the court:
(i) proof that the respondent has provided the information insubparagraph (A); and
(ii) an acknowledgment in a record from the relevant foreignconsulate or embassy that no passport application has been made, or passportissued, on behalf ofthe child;
(C) to the petitioner, proof of registration with the United Statesembassyor other United States diplomatic presence in the destination country and withthe centralauthority for the Hague Convention on the civil aspects of international childabduction, ifthat Convention is in effect between the United States and the destinationcountry, unless one ofthe parties objects; and
(D) a written waiver under the Privacy Act, 5 U.S.C. Section 552a, asamended, with respect to any document, application, or other informationpertaining to the child authorizing its disclosure to the court and thepetitioner; and
(6) upon the petitioner's request, a requirement that the respondent obtainan orderfrom the relevant foreign country containing terms identical to thechild-custody determinationissued in the United States.
(d) In an abduction prevention order, the court may impose conditions on theexercise ofcustody or visitation that:
(1) limit visitation or require that visitation with the child by therespondent besupervised until the court finds that supervision is no longer necessary andorder the respondentto pay the costs of supervision;
(2) require the respondent to post a bond or provide other security in anamountsufficient to serve as a financial deterrent to abduction, the proceeds ofwhich may be used to payfor the reasonable expenses of recovery of the child, including reasonableattorney's fees andcosts if there is an abduction; and
(3) require the respondent to obtain education on the potentially harmfuleffects tothe child from abduction.
(e) To prevent imminent abduction of a child, a court may:
(1) issue a warrant to take physical custody of the child under K.S.A. 2009Supp. 38-13a09, and amendments thereto, orthe lawof this state other than this act;
(2) direct the use of law enforcement to take any action reasonably necessarytolocate the child, obtain return of the child, or enforce a custodydetermination under this act orthe law of this state other than this act; or
(3) grant any other relief allowed under the law of this stateother than this act.
(f) The remedies provided in this act are cumulative and do not affect theavailability ofother remedies to prevent abduction.
