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To: Pikachu_Dad

You have over reacted on this big time. There isa requirement of establishing probable cause in court that one of the parents is going to violate a custody agreement. There are plenty of cases where one parent tales a child and flees to another country.

I do not know what your personal circumstances are but I think they are coloring your understanding of what the bill requires


10 posted on 10/13/2013 7:24:30 PM PDT by Nifster
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To: Nifster

I suggest you read the bill. What you stated does not exist.

Or you could read the New Jersey Law Commissions final report on this same legislation issued Dec 2008.

They went from recommending the legislation in May to ruling it to be UnConstitutional in December.

http://www.lawrev.state.nj.us/ucapa/ucapaFR122208.pdf


18 posted on 10/13/2013 7:36:17 PM PDT by Pikachu_Dad (Impeach Sen Quinn)
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To: Nifster

My circumstances?

I am in Louisiana. When it came before our legislature in 2007, we got the legislation modified. OUR version only applies to the original scope of the legislation - international abductions to non-Hague countries. OUR version also requires that all the factors be considered and weighed - not just one factor. OUR version is now only slightly Unconstitutional. {They reneged on a review to fix the unconstitutional parts after it was passed}

In response to your post:

“There is a requirement of establishing probable cause in court that one of the parents is going to violate a custody agreement.”

No, this is incorrect.

1) There are a list of factors establishing a parent as being a risk of abducting their child.

2) Only ONE of the factors on the list must be met.

3) Many of those factors are ordinary acts that good parents are under a duty to perform.

4) Many other acts are normal things that happen during divorces and/or ordinary life.

5) You are under the misapprehension that the applies to abductions to foreign countries. You would be correct in asserting that was the scope that was given to the committee that developed this legislation. However, the committee decided to broaden its scope to cover all ‘abductions’ between the states (as in Florida and Texas) and within a state.

6) No, there are only a few cases where parents flee the country.

7) The presenters claim there are 255,000 abductions per year. However, if you read their report, you will see that they defined an ‘abduction’ as a parent having a child more than one hour outside of the custody agreement. Over 1/2 of their alleged ‘abductions were not considered abductions by the parents who’s children were involved. Many of them were simple disagreements over the wording of the custody order in place.


19 posted on 10/13/2013 7:45:04 PM PDT by Pikachu_Dad (Impeach Sen Quinn)
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To: Nifster

This is what the law requires. No ‘probable cause’ requirement in the petition to be filed.:

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.


20 posted on 10/13/2013 7:49:24 PM PDT by Pikachu_Dad (Impeach Sen Quinn)
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