81-12-107. Provisions and measures to prevent abduction.
(1) If a petition is filed under this chapter, the court may enter an order that must include:
(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 minor child;
(d) a provision stating that a violation of the order may subject the party in violation to civil and criminal penalties; and
(e) identification of the minor child's country of habitual residence at the time of the issuance of the order.
(2)
(a) If, at a hearing on a petition under this chapter or on the court's own motion, the court after reviewing the evidence finds a credible risk of abduction of the minor child, the court shall enter an abduction prevention order.
(b) The order must include the provisions required by Subsection (1) and measures and conditions, including those in Subsections (3), (4), and (5), that are reasonably calculated to prevent abduction of the minor child, giving due consideration to the custody, visitation, and parent-time rights of the parties.
(c) The court shall consider the age of the minor child, the potential harm to the minor child from an abduction, the legal and practical difficulties of returning the minor 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 one or more of the following:
(a) an imposition of travel restrictions that require that a party traveling with the minor child outside a designated geographical area provide the other party with the following:
(i) the travel itinerary of the minor child;
(ii) a list of physical addresses and telephone numbers at which the minor child can be reached at specified times; and
(iii) copies of all travel documents;
(b) a prohibition of the respondent directly or indirectly:
(i) removing the minor 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 minor child in violation of a child custody determination;
(iii) removing the minor child from school or a child-care or similar facility; or
(iv) approaching the minor child at any location other than a site designated for supervised visitation;
(c) a requirement that a party to register the order in another state as a prerequisite to allowing the child to travel to that state;
(d) with regard to the minor child's passport:
(i) a direction that the petitioner place the minor 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 minor child's name, including a passport issued in the name of both the parent and the minor child; and
(iii) a prohibition upon the respondent from applying on behalf of the minor child for a new or replacement passport or visa;
(e) as a prerequisite to exercising custody, visitation, or parent-time, a requirement that the respondent provide:
(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 minor 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 that no passport application has been made, or passport issued, on behalf of the minor 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 one of the parties objects; and
(iv) a written waiver under the Privacy Act, 5 U.S.C. Section 552a, with respect to any document, application, or other information pertaining to the minor child authorizing its disclosure to the court and the petitioner; and
(f) upon 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:
(a) limit visitation or require that visitation with the minor 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 minor child, including reasonable attorney fees and costs if there is an abduction; and
(c) require the respondent to obtain education on the potentially harmful effects to the minor child from abduction.
(5) To prevent imminent abduction of a minor child, a court may:
(a) issue a warrant to take physical custody of the minor child under Section 81-12-108 or the law of this state other than this chapter;
(b) direct the use of law enforcement to take any action reasonably necessary to locate the minor child, obtain return of the minor child, or enforce a custody determination under this chapter or the law 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 the availability of other remedies to prevent abduction.
Renumbered and Amended by Chapter 426, 2025 General Session
