State Codes and Statutes
Statutes > Utah > Title-78b > Chapter-16 > 78b-16-10878B-16-108. Provisions and measures to prevent abduction.
(1) If a petition is filed under this chapter, the court may enter an order which mustinclude:
(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 personsentitled to notice of the proceeding;
(c) a detailed description of each party's custody and visitation rights and residentialarrangements for the child;
(d) a provision stating that a violation of the order may subject the party in violation tocivil and criminal penalties; and
(e) identification of the child's country of habitual residence at the time of the issuance ofthe order.
(2) If, at a hearing on a petition under this chapter or on the court's own motion, 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 required by Subsection (1)and measures and conditions, including those in Subsections (3), (4), and (5), that are reasonablycalculated to prevent abduction of the child, giving due consideration to the custody, visitation,and parent-time rights of the parties. The court shall consider the age of the child, the potentialharm to the child from an abduction, the legal and practical difficulties of returning the child tothe jurisdiction if abducted, and the reasons for the potential abduction, including evidence ofdomestic violence, stalking, or child abuse or neglect.
(3) An abduction prevention order may include one or more of the following:
(a) an imposition of travel restrictions that require that a party traveling with the childoutside a designated geographical area provide the other party with the following:
(i) the travel itinerary of the child;
(ii) a list of physical addresses and telephone numbers at which the child can be reachedat specified times; and
(iii) copies of all travel documents;
(b) a prohibition of the respondent directly or indirectly:
(i) removing the child from this state, the United States, or another geographic areawithout 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; or
(iv) approaching the child at any location other than a site designated for supervisedvisitation;
(c) a requirement that a party to register the order in another state as a prerequisite toallowing the child to travel to that state;
(d) with regard to the child's passport:
(i) a direction that the petitioner place the child's name in the United States Departmentof State's Child Passport Issuance Alert Program;
(ii) a requirement that the respondent surrender to the court or the petitioner's attorneyany United States or foreign passport issued in the child's name, including a passport issued inthe name of both the parent and the child; and
(iii) a prohibition upon the respondent from applying on behalf of the child for a new orreplacement passport or visa;
(e) as a prerequisite to exercising custody, visitation, or parent-time, a requirement thatthe respondent provide:
(i) to the United States Department of State Office of Children's Issues and the relevantforeign consulate or embassy, an authenticated copy of the order detailing passport and travelrestrictions for the child;
(ii) to the court:
(A) proof that the respondent has provided the information in Subsection (3)(e)(i); and
(B) an acknowledgment in a record from the relevant foreign consulate or embassy thatno 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 otherUnited States diplomatic presence in the destination country and with the Central Authority forthe Hague Convention on the Civil Aspects of International Child Abduction, if that conventionis in effect between the United States and the destination country, unless one of the partiesobjects; and
(iv) a written waiver under the Privacy Act, 5 U.S.C. Section 552a, with respect to anydocument, application, or other information pertaining to the child authorizing its disclosure tothe court and the petitioner; and
(f) upon the petitioner's request, a requirement that the respondent obtain an order fromthe relevant foreign country containing terms identical to the child custody determination issuedin the United States.
(4) In an abduction prevention order, the court may impose conditions on the exercise ofcustody or visitation that:
(a) limit visitation or require that visitation with the child by the respondent besupervised until the court finds that supervision is no longer necessary and order the respondentto pay the costs of supervision;
(b) require the respondent to post a bond or provide other security in an amountsufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to payfor the reasonable expenses of recovery of the child, including reasonable attorney fees and costsif there is an abduction; and
(c) require the respondent to obtain education on the potentially harmful effects to thechild from abduction.
(5) To prevent imminent abduction of a child, a court may:
(a) issue a warrant to take physical custody of the child under Section 78B-16-109 or thelaw of this state other than this chapter;
(b) direct the use of law enforcement to take any action reasonably necessary to locatethe child, obtain return of the child, or enforce a custody determination under this chapter or thelaw of this state other than this chapter; or
(c) grant any other relief allowed under the law of this state other than this chapter.
(6) The remedies provided in this chapter are cumulative and do not affect theavailability of other remedies to prevent abduction.
Renumbered and Amended by Chapter 3, 2008 General Session
