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2011 SESSION

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HB 1641 Uniform Child Abduction Prevention Act; established.

Introduced by: John M. O'Bannon, III | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Uniform Child Abduction Prevention Act.  Establishes in the Code of Virginia the Uniform Child Abduction Prevention Act that was adopted by the National Conference of Commissioners on Uniform State Laws in 2006. The Act authorizes (i) a court on its own motion to 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 and (ii) a party to a child-custody determination or another individual or entity having a right under the law of the Commonwealth or any other state to seek a child-custody determination for the child to file a petition seeking abduction prevention measures to protect the child. The petition must specify the risk factors for abduction, including certain statutorily prescribed factors. The court may issue an ex parte warrant to take physical custody of the child if a petition contains allegations, and the court finds that there is a credible risk, that the child is imminently likely to be wrongfully removed.


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