Maryland 2023 Regular Session

Maryland House Bill HB267

Introduced
1/25/23  
Refer
1/25/23  
Report Pass
3/16/23  
Engrossed
3/20/23  
Refer
3/20/23  
Report Pass
4/5/23  
Enrolled
4/6/23  
Chaptered
5/16/23  

Caption

Family Law - Maryland Child Abduction Prevention Act

Impact

This legislation significantly modifies existing family law relating to child custody by introducing abduction prevention measures that the court can employ. The bill allows courts to require detailed disclosures from parents intending to travel abroad, including travel itineraries and emergency contact information, as well as the specific circumstances under which these travel permissions may be revoked. The act also provides for ex parte warrants allowing law enforcement to take physical custody of a child if there is an imminent risk of abduction, demonstrating a proactive approach by the state to safeguard children in custody disputes.

Summary

House Bill 267, also known as the Maryland Child Abduction Prevention Act, addresses the growing concern of child abduction in the context of international travel. The bill establishes legal provisions requiring parents involved in custody proceedings to notify the other parent at least 90 days before traveling internationally with their child. It aims to enhance communication and prevent potential abductions by allowing courts to impose restrictions and conditions on custody and visitation when a credible risk of abduction is present.

Sentiment

The overall sentiment surrounding HB 267 appears to be supportive of its objectives, as it seeks to protect children; however, it also raises concerns about the potential for misuse of its provisions. Advocates for child protection underscore the necessity of such measures given the complexities of cross-border custody disputes. On the other hand, some critics warn that overly stringent travel requirements may infringe upon parental rights and complicate the lives of families where one parent seeks to travel internationally.

Contention

There are notable points of contention regarding how the bill balances parental rights with the imperative to protect children from abduction risks. Critics worry that the requirement for advance notification and court oversight could potentially hinder a parent’s ability to travel freely with their children, while supporters believe that these measures are essential for ensuring child safety. This legislation situates Maryland among other jurisdictions that are increasingly recognizing the need for such preventive measures in family law.

Companion Bills

MD SB383

Crossfiled Family Law - Maryland Child Abduction Prevention Act

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