HCS/HB 1058 - This act modifies the Uniform Child Custody Jurisdiction and Enforcement Act by permitting the court, upon a filing of a petition as described in the act, to issue an ex parte warrant to take physical custody of a child if the court finds that there is a credible risk that the child is imminently likely to suffer wrongful removal. Additionally, the court may, before issuing the warrant and before determining placement of the child, order a search of certain databases to determine if the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect. A respondent shall be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but no later than the next judicial day unless a hearing on that date is impossible. This act establishes the Uniform Child Abduction Prevention Act, which permits the court, either on its own or through a party's petition, 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, as described in the act.
These provisions are identical to provisions in HCS/SS/SB 213 (2023) and HCS/SS/SB 198 (2023).
This act modifies references to the Uniform Child Custody Jurisdiction Act, which was repealed in 2009, to the Uniform Child Custody Jurisdiction and Enforcement Act in a statute relating to child custody proceedings in family courts.
This provision is identical to provisions in HCS/SS/SB 213 (2023), HCS/SS/SB 198 (2023), SCS/HCS/HBS 994, 52, & 984 (2023), HB 1151 (2023), HB 1271 (2023), CCS/HCS/SS/SCS/SB 72 (2023), SB 528 (2023), and HB 500 (2023).
SARAH HASKINS