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To: Pikachu_Dad

Must be such a wonderful proposed law. Why all the legislators voted for it. Surely the read it... NOT !

Text of the bill...
http://www.legislature.mi.gov/documents/2013-2014/billintroduced/Senate/htm/2013-SIB-0325.htm

SENATE BILL No. 325

April 18, 2013, Introduced by Senators JONES, BIEDA and PROOS and referred to the Committee on Judiciary.

A bill to adopt the uniform child abduction prevention act; to

allow courts in this state to impose measures to prevent the

abduction of children; to establish standards for determining

whether a child is subject to a significant risk of abduction; and

to provide remedies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

“uniform child abduction prevention act”.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).


7 posted on 10/13/2013 7:19:32 PM PDT by Pikachu_Dad (Impeach Sen Quinn)
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To: Pikachu_Dad

Don’t you just love section 4.

LITIGANTS NOT REQUIRED.

The Court is authorized to act on its OWN motion.

So mom or dad don’t even have to ask. The court can just order child protection measures.

SURPRISE, SURPRISE, SURPRISE.

” 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.”


9 posted on 10/13/2013 7:23:24 PM PDT by Pikachu_Dad (Impeach Sen Quinn)
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To: Pikachu_Dad

Anytime it is unanimous it is a bad thing for the people


25 posted on 10/13/2013 8:14:32 PM PDT by GeronL
[ Post Reply | Private Reply | To 7 | View Replies ]

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