PRINTER'S NO. 677
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY CORMAN, BAKER, TOMLINSON, BROWNE, TEPLITZ, FONTANA, WHITE, FARNESE, RAFFERTY, FERLO, ERICKSON, MENSCH, HUGHES AND SOLOBAY, MARCH 14, 2013
REFERRED TO JUDICIARY, MARCH 14, 2013
9UNIFORM CHILD ABDUCTION PREVENTION
115201. Scope of chapter.
135203. Cooperation and communication among courts.
145204. Actions for abduction prevention measures.
165206. Contents of petition.
175207. Factors to determine risk of abduction.
185208. Provisions and measures to prevent abduction.
15209. Warrant to take physical custody of child.
25210. Duration of abduction prevention order.
35211. Uniformity of application and construction.
6§ 5201. Scope of chapter.
7This chapter relates to uniform child abduction prevention.
8§ 5202. Definitions.
16"Child custody determination." Any judgment, decree or other
17order of a court providing for the legal custody, physical
18custody or visitation with respect to a child. The term includes
19a permanent, temporary, initial and modification order.
20"Child custody proceeding." A proceeding in which legal
21custody, physical custody or visitation with respect to a child
22is at issue. The term includes a proceeding for divorce,
23dissolution of marriage, separation, neglect, abuse, dependency,
24guardianship, paternity, termination of parental rights or
25protection from domestic violence.
28"Petition." A motion or its equivalent.
1retrievable in perceivable form.
2"State." A state of the United States, the District of
3Columbia, Puerto Rico, the Virgin Islands or any territory or
4insular possession subject to the jurisdiction of the United
5States. The term includes a federally recognized Indian tribe or
17§ 5203. Cooperation and communication among courts.
18Sections 5410 (relating to communication between courts),
195411 (relating to taking testimony in another state) and 5412
20(relating to cooperation between courts; preservation of
21records) apply to cooperation and communications among courts in
22proceedings under this chapter.
23§ 5204. Actions for abduction prevention measures.
24(a) Court.--A court on its own motion may order abduction
25prevention measures in a child custody proceeding if the court
26finds that the evidence establishes a credible risk of abduction
27of the child.
4(c) Prosecutors or public officials.--A prosecutor or public
5authority designated under section 5455 (relating to role of
6prosecutor or public official) may seek a warrant to take
7physical custody of a child under section 5209 (relating to
8warrant to take physical custody of child) or other appropriate
10§ 5205. Jurisdiction.
11(a) General rule.--A petition under this chapter may be
12filed only in a court that has jurisdiction to make a child
13custody determination with respect to the child at issue under
14Chapter 54 (relating to uniform child custody jurisdiction and
16(b) Emergency jurisdiction.--A court of this Commonwealth
17has temporary emergency jurisdiction under section 5424
18(relating to temporary emergency jurisdiction) if the court
19finds a credible risk of abduction.
20§ 5206. Contents of petition.
21A petition under this chapter must be verified and include a
22copy of any existing child custody determination, if available.
23The petition must specify the risk factors for abduction,
24including the relevant factors described under section 5207
25(relating to factors to determine risk of abduction). Subject to
26section 5429(e) (relating to information to be submitted to
27court), if reasonably ascertainable, the petition must contain:
28(1) the name, date of birth and gender of the child;
3(4) a statement of whether a prior action to prevent
4abduction or domestic violence has been filed by a party or
5other individual or entity having custody of the child and
6the date, location and disposition of the action;
7(5) a statement of whether a party to the proceeding has
8been arrested for a crime related to domestic violence,
9stalking or child abuse or neglect and the date, location and
10disposition of the case; and
14§ 5207. Factors to determine risk of abduction.
20(2) has threatened to abduct the child;
23(i) abandoning employment;
24(ii) selling a primary residence;
25(iii) terminating a lease;
30(v) applying for a passport or visa or obtaining
7(5) has refused to follow a child custody determination;
12(8) is likely to take the child to a country that:
13(i) is not a party to the Hague Convention on the
14Civil Aspects of International Child Abduction and does
15not provide for the extradition of an abducting parent or
16for the return of an abducted child;
4(iv) has laws or practices that would:
26(11) has forged or presented misleading or false
27evidence on government forms or supporting documents to
28obtain or attempt to obtain a passport, a visa, travel
29documents, a Social Security card, a driver's license or
30other government-issued identification card or has made a
1misrepresentation to the United States Government;
6(b) Good faith.--In the hearing on a petition under this
7chapter, the court shall consider any evidence that the
8respondent believed in good faith that the respondent's conduct
9was necessary to avoid imminent harm to the child or respondent
10and any other evidence that may be relevant to whether the
11respondent may be permitted to remove or retain the child.
12§ 5208. Provisions and measures to prevent abduction.
16(1) the basis for the court's exercise of jurisdiction;
27(b) Abduction prevention orders.--
1court shall enter an abduction prevention order.
2(2) The order must include the provisions required by
3subsection (a) and measures and conditions, including those
4in subsections (c), (d) and (e), that are reasonably
5calculated to prevent abduction of the child, giving due
6consideration to the custody and visitation rights of the
8(3) The court shall consider:
9(i) the age of the child;
22(i) the travel itinerary of the child;
26(iii) copies of all travel documents;
12(4) with regard to the child's passport:
16(ii) a requirement that the respondent surrender to
17the court or the petitioner's attorney any United States
18or foreign passport issued in the child's name, including
19a passport issued in the name of both the parent and the
26(i) to the United States Department of State Office
27of Children's Issues and the relevant foreign consulate
28or embassy, an authenticated copy of the order detailing
29passport and travel restrictions for the child;
30(ii) to the court:
7(iii) to the petitioner, proof of registration with
8the United States Embassy or other United States
9diplomatic presence in the destination country and with
10the Central Authority for the Hague Convention on the
11Civil Aspects of International Child Abduction, if that
12convention is in effect between the United States and the
13destination country, unless one of the parties objects;
15(iv) a written waiver under 5 U.S.C. § 552a
16(relating to records maintained on individuals), with
17respect to any document, application or other information
18pertaining to the child authorizing its disclosure to the
19court and the petitioner; and
20(6) upon the petitioner's request, a requirement that
21the respondent obtain an order from the relevant foreign
22country containing terms identical to the child custody
23determination issued in the United States.
27(1) limit visitation or require that visitation with the
28child by the respondent be supervised until the court finds
29that supervision is no longer necessary and order the
30respondent to pay the costs of supervision;
1(2) require the respondent to post a bond or provide
2other security in an amount sufficient to serve as a
3financial deterrent to abduction, the proceeds of which may
4be used to pay for the reasonable expenses of recovery of the
5child, including reasonable attorney fees and costs if there
6is an abduction; and
15(2) direct the use of law enforcement to take any action
16reasonably necessary to locate the child, obtain return of
17the child or enforce a custody determination under this
18chapter or the laws of this Commonwealth other than this
25§ 5209. Warrant to take physical custody of child.
26(a) Ex parte.--If a petition under this chapter contains
27allegations and the court finds that there is a credible risk
28that the child is imminently likely to be wrongfully removed,
29the court may issue an ex parte warrant to take physical custody
30of the child.
1(b) Hearing.--The respondent on a petition under subsection
2(a) must be afforded an opportunity to be heard at the earliest
3possible time after the ex parte warrant is executed, but not
4later than the next judicial day unless a hearing on that date
5is impossible. In that event, the court shall hold the hearing
6on the first judicial day possible.
18(d) Search of databases.--If feasible, before issuing a
19warrant and before determining the placement of the child after
20the warrant is executed, the court may order a search of the
21relevant databases of the National Crime Information Center
22system and similar state databases to determine if either the
23petitioner or respondent has a history of domestic violence,
24stalking or child abuse or neglect.
1throughout this Commonwealth.
2(2) If the court finds that a less intrusive remedy will
3not be effective, it may authorize law enforcement officers
4to enter private property to take physical custody of the
5child. If required by exigent circumstances, the court may
6authorize law enforcement officers to make a forcible entry
7at any hour.
8(g) Fees and costs.--If the court finds, after a hearing,
9that a petitioner sought an ex parte warrant under subsection
10(a) for the purpose of harassment or in bad faith, the court may
11award the respondent reasonable attorney fees, costs and
16§ 5210. Duration of abduction prevention order.
19(1) the time stated in the order;
20(2) the emancipation of the child;
21(3) the child's attaining 18 years of age; or
22(4) the time the order is modified, revoked, vacated or
23superseded by a court with jurisdiction under sections 5421
24(relating to initial child custody jurisdiction), 5422
25(relating to exclusive, continuing jurisdiction) and 5423
26(relating to jurisdiction to modify determination) and
27applicable laws of this Commonwealth.
28§ 5211. Uniformity of application and construction.
1respect to its subject matter among states that enact it.
8Section 2. This act shall take effect in 90 days.