North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2126 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	SENATE BILL NO. 2126
4		-	(Judiciary Committee)
	1	+	25.0256.01000
	2	+	Sixty-ninth
	3	+	Legislative Assembly
	4	+	of North Dakota
	5	+	Introduced by
	6	+	Judiciary Committee
5	7		(At the request of the Commission on Uniform State Laws)
6		-	AN ACT to create and enact chapter 14-14.2 of the North Dakota Century Code, ~~relating to the adoption~~
7		-	of the Uniform Child Abduction Prevention Act.
	8	+	A BILL for an Act to create and enact chapter 14-14.2 of the North Dakota Century Code,
	9	+	relating to the adoption of the Uniform Child Abduction Prevention Act.
8	10		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9		-	SECTION 1. Chapter 14-14.2 of the North Dakota Century Code is created and enacted as follows:
	11	+	SECTION 1. Chapter 14-14.2 of the North Dakota Century Code is created and enacted as
	12	+	follows:
10	13		14 - 14.2 - 01. Definitions.
11	14		As used in this chapter:
12	15		1."Abduction" means the wrongful removal or wrongful retention of a child.
13	16		2."Child" means an unemancipated individual who is seventeen years of age or younger.
14		-	3."Child-custody determination" means a judgment, decree, or other order of a court providing
15		-	for the legal custody, physical custody, or visitation with respect to a child. The term includes a
16		-	permanent, temporary, initial, and modification order.
17		-	4."Child-custody proceeding" means a proceeding in which legal custody, physical custody, or
18		-	visitation with respect to a child is at issue. The term includes a proceeding for divorce,
19		-	dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity,
20		-	termination of parental rights, or protection from domestic violence.
	17	+	3."Child-custody determination" means a judgment, decree, or other order of a court
	18	+	providing for the legal custody, physical custody, or visitation with respect to a child.
	19	+	The term includes a permanent, temporary, initial, and modification order.
	20	+	4."Child-custody proceeding" means a proceeding in which legal custody, physical
	21	+	custody, or visitation with respect to a child is at issue. The term includes a proceeding
	22	+	for divorce, dissolution of marriage, separation, neglect, abuse, dependency,
	23	+	guardianship, paternity, termination of parental rights, or protection from domestic
	24	+	violence.
21	25		5."Court" means the district court.
22	26		6."Petition" includes a motion or its equivalent.
23		-	7."Record" means information inscribed on a tangible medium or stored in an electronic or other
24		-	medium and is retrievable in perceivable form.
25		-	8."State" means a state of the United States, the District of Columbia, Puerto Rico, the United
26		-	States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the
27		-	United States. The term includes a federally recognized Indian tribe or nation.
28		-	9."Travel document" means a record relating to a travel itinerary, including a travel ticket, pass,
29		-	or reservation for transportation or accommodations. The term does not include a passport or
30		-	visa.
31		-	10."Wrongful removal" means the taking of a child which breaches rights of custody or visitation
32		-	given or recognized under the law of this state.
33		-	11."Wrongful retention" means the keeping or concealing of a child which breaches rights of
34		-	custody or visitation given or recognized under the law of this state.
	27	+	7."Record" means information inscribed on a tangible medium or stored in an electronic
	28	+	or other medium and is retrievable in perceivable form.
	29	+	8."State" means a state of the United States, the District of Columbia, Puerto Rico, the
	30	+	United States Virgin Islands, or any territory or insular possession subject to the
	31	+	Page No. 1 25.0256.01000
	32	+	SENATE BILL NO. 2126
	33	+
	34	+	1
	35	+	2
	36	+	3
	37	+	4
	38	+	5
	39	+	6
	40	+	7
	41	+	8
	42	+	9
	43	+	10
	44	+	11
	45	+	12
	46	+	13
	47	+	14
	48	+	15
	49	+	16
	50	+	17
	51	+	18
	52	+	19
	53	+	20
	54	+	21
	55	+	22
	56	+	23 Sixty-ninth
	57	+	Legislative Assembly
	58	+	jurisdiction of the United States. The term includes a federally recognized Indian tribe
	59	+	or nation.
	60	+	9."Travel document" means a record relating to a travel itinerary, including a travel ticket,
	61	+	pass, or reservation for transportation or accommodations. The term does not include
	62	+	a passport or visa.
	63	+	10."Wrongful removal" means the taking of a child which breaches rights of custody or
	64	+	visitation given or recognized under the law of this state.
	65	+	11."Wrongful retention" means the keeping or concealing of a child which breaches rights
	66	+	of custody or visitation given or recognized under the law of this state.
35	67		14 - 14.2 - 02. Cooperation and communication among courts.
36		-	Sections 14 - 14.1 - 09, 14 - 14.1 - 10, and 14 - 14.1 - 11 apply to cooperation and communications ~~among~~
37		-	courts in proceedings under this chapter. ~~S. B. NO. 2126 - PAGE 2~~
	68	+	Sections 14 - 14.1 - 09, 14 - 14.1 - 10, and 14 - 14.1 - 11 apply to cooperation and communications
	69	+	among courts in proceedings under this chapter.
38	70		14 - 14.2 - 03. Actions for abduction prevention measures.
39		-	1.If a court finds the evidence establishes a credible risk of abduction of the child, the court on
40		-	its own motion may order abduction prevention measures in a child-custody proceeding.
41		-	2.A party to a child-custody determination or another individual or entity having a right under the
42		-	law of this state or any other state to seek a child-custody determination for the child may file a
43		-	petition seeking abduction prevention measures to protect the child under this chapter.
44		-	3.A prosecutor or public authority designated under section 14 - 14.1 - 35 may seek a warrant to
45		-	take physical custody of a child under section 14 - 14.2 - 08 or other appropriate prevention
46		-	measures.
	71	+	1.If a court finds the evidence establishes a credible risk of abduction of the child, the
	72	+	court on its own motion may order abduction prevention measures in a child-custody
	73	+	proceeding.
	74	+	2.A party to a child-custody determination or another individual or entity having a right
	75	+	under the law of this state or any other state to seek a child-custody determination for
	76	+	the child may file a petition seeking abduction prevention measures to protect the child
	77	+	under this chapter.
	78	+	3.A prosecutor or public authority designated under section 14 - 14.1 - 35 may seek a
	79	+	warrant to take physical custody of a child under section 14 - 14.2 - 08 or other
	80	+	appropriate prevention measures.
47	81		14 - 14.2 - 04. Jurisdiction.
48		-	1.A petition under this chapter may be filed in a court that has jurisdiction to make a ~~child-~~
49		-	custody determination with respect to the child at issue under chapter 14 - 14.1.
50		-	2.A court of this state has temporary emergency jurisdiction under section 14 - 14.1 - 15 if ~~the court~~
51		-	finds a credible risk of abduction.
	82	+	1.A petition under this chapter may be filed in a court that has jurisdiction to make a
	83	+	child-custody determination with respect to the child at issue under chapter 14 - 14.1.
	84	+	2.A court of this state has temporary emergency jurisdiction under section 14 - 14.1 - 15 if
	85	+	the court finds a credible risk of abduction.
52	86		14 - 14.2 - 05. Contents of petition.
53		-	A petition under this chapter must be verified and include a copy of any existing child-custody
54		-	determination, if available. The petition must specify the risk factors for abduction, including the relevant
55		-	factors described in section 14 - 14.2 - 06. Subject to section 14 - 12.2 - 24, if reasonably ascertainable, the
56		-	petition must contain:
	87	+	A petition under this chapter must be verified and include a copy of any existing child-
	88	+	custody determination, if available. The petition must specify the risk factors for abduction,
	89	+	Page No. 2 25.0256.01000
	90	+	1
	91	+	2
	92	+	3
	93	+	4
	94	+	5
	95	+	6
	96	+	7
	97	+	8
	98	+	9
	99	+	10
	100	+	11
	101	+	12
	102	+	13
	103	+	14
	104	+	15
	105	+	16
	106	+	17
	107	+	18
	108	+	19
	109	+	20
	110	+	21
	111	+	22
	112	+	23
	113	+	24
	114	+	25
	115	+	26
	116	+	27
	117	+	28
	118	+	29
	119	+	30
	120	+	31 Sixty-ninth
	121	+	Legislative Assembly
	122	+	including the relevant factors described in section 14 - 14.2 - 06. Subject to section 14 - 12.2 - 24, if
	123	+	reasonably ascertainable, the petition must contain:
57	124		1.The name, date of birth, and gender of the child;
58	125		2.The customary address and current physical location of the child;
59	126		3.The identity, customary address, and current physical location of the respondent;
60		-	4.A statement of whether a prior action to prevent abduction or domestic violence has ~~been filed~~
61		-	by a party or other individual or entity having custody of the child, and the ~~date, location, and~~
62		-	disposition of the action;
63		-	5.A statement of whether a party to the proceeding has been arrested for a crime related to
64		-	domestic violence, stalking, or child abuse or neglect, and the date, location, and ~~disposition~~
65		-	of the case; and
66		-	6.Any other information required to be submitted to the court for a child-custody ~~determination~~
67		-	under section 14 - 14.1 - 20.
	127	+	4.A statement of whether a prior action to prevent abduction or domestic violence has
	128	+	been filed by a party or other individual or entity having custody of the child, and the
	129	+	date, location, and disposition of the action;
	130	+	5.A statement of whether a party to the proceeding has been arrested for a crime related
	131	+	to domestic violence, stalking, or child abuse or neglect, and the date, location, and
	132	+	disposition of the case; and
	133	+	6.Any other information required to be submitted to the court for a child-custody
	134	+	determination under section 14 - 14.1 - 20.
68	135		14 - 14.2 - 06. Factors to determine risk of abduction.
69		-	1.In determining whether there is a credible risk of abduction of a child, the court shall ~~consider~~
70		-	whether the petitioner or respondent:
	136	+	1.In determining whether there is a credible risk of abduction of a child, the court shall
	137	+	consider whether the petitioner or respondent:
71	138		a.Has previously abducted or attempted to abduct the child;
72	139		b.Has threatened to abduct the child;
73		-	c.Has recently engaged in activities that may indicate a planned abduction, including:
	140	+	c.Has recently engaged in activities that may indicate a planned abduction,
	141	+	including:
74	142		(1)Abandoning employment;
75		-	(2)Selling a primary residence; ~~S. B. NO. 2126 - PAGE 3~~
	143	+	(2)Selling a primary residence;
76	144		(3)Terminating a lease;
77		-	(4)Closing bank or other financial management accounts, liquidating assets, hiding or
78		-	destroying financial documents, or conducting any unusual financial activities;
79		-	(5)Applying for a passport or visa or obtaining travel documents for the respondent, a
80		-	family member, or the child; or
	145	+	(4)Closing bank or other financial management accounts, liquidating assets,
	146	+	hiding or destroying financial documents, or conducting any unusual
	147	+	financial activities;
	148	+	(5)Applying for a passport or visa or obtaining travel documents for the
	149	+	respondent, a family member, or the child; or
81	150		(6)Seeking to obtain the child's birth certificate or school or medical records;
82	151		d.Has engaged in domestic violence, stalking, or child abuse or neglect;
83	152		e.Has refused to follow a child-custody determination;
84		-	f.Lacks strong familial, financial, emotional, or cultural ties to the state or the United
85		-	States;
86		-	g.Has strong familial, financial, emotional, or cultural ties to another state or country;
	153	+	Page No. 3 25.0256.01000
	154	+	1
	155	+	2
	156	+	3
	157	+	4
	158	+	5
	159	+	6
	160	+	7
	161	+	8
	162	+	9
	163	+	10
	164	+	11
	165	+	12
	166	+	13
	167	+	14
	168	+	15
	169	+	16
	170	+	17
	171	+	18
	172	+	19
	173	+	20
	174	+	21
	175	+	22
	176	+	23
	177	+	24
	178	+	25
	179	+	26
	180	+	27
	181	+	28
	182	+	29
	183	+	30
	184	+	31 Sixty-ninth
	185	+	Legislative Assembly
	186	+	f.Lacks strong familial, financial, emotional, or cultural ties to the state or the
	187	+	United States;
	188	+	g.Has strong familial, financial, emotional, or cultural ties to another state or
	189	+	country;
87	190		h.Is likely to take the child to a country that:
88		-	(1)Is not a party to the Hague convention on the civil aspects of international ~~child~~
89		-	abduction and does not provide for the extradition of an abducting ~~parent or for the~~
90		-	return of an abducted child;
	191	+	(1)Is not a party to the Hague convention on the civil aspects of international
	192	+	child abduction and does not provide for the extradition of an abducting
	193	+	parent or for the return of an abducted child;
91	194		(2)Is a party to the Hague convention on the civil aspects of international child
92	195		abduction but:
93		-	(a)The Hague convention on the civil aspects of international child ~~abduction is~~
94		-	not in force between the United States and that country;
95		-	(b)Is noncompliant according to the most recent compliance report ~~issued by the~~
96		-	United States department of state; or
97		-	(c)Lacks legal mechanisms for immediately and effectively enforcing a ~~return~~
98		-	order under the Hague convention on the civil aspects of ~~international child~~
99		-	abduction;
	196	+	(a)The Hague convention on the civil aspects of international child
	197	+	abduction is not in force between the United States and that country;
	198	+	(b)Is noncompliant according to the most recent compliance report
	199	+	issued by the United States department of state; or
	200	+	(c)Lacks legal mechanisms for immediately and effectively enforcing a
	201	+	return order under the Hague convention on the civil aspects of
	202	+	international child abduction;
100	203		(3)Poses a risk that the child's physical or emotional health or safety would be
101		-	endangered in the country because of specific circumstances relating to the ~~child or~~
102		-	because of human rights violations committed against children;
	204	+	endangered in the country because of specific circumstances relating to the
	205	+	child or because of human rights violations committed against children;
103	206		(4)Has laws or practices that would:
104		-	(a)Enable the respondent, without due cause, to prevent the petitioner from
105		-	contacting the child;
106		-	(b)Restrict the petitioner from freely traveling to or exiting from the country
107		-	because of the petitioner's gender, nationality, marital status, or religion; or
108		-	(c)Restrict the child's ability legally to leave the country after the child reaches
109		-	the age of majority because of a child's gender, nationality, or religion;
	207	+	(a)Enable the respondent, without due cause, to prevent the petitioner
	208	+	from contacting the child;
	209	+	(b)Restrict the petitioner from freely traveling to or exiting from the
	210	+	country because of the petitioner's gender, nationality, marital status,
	211	+	or religion; or
	212	+	(c)Restrict the child's ability legally to leave the country after the child
	213	+	reaches the age of majority because of a child's gender, nationality, or
	214	+	religion;
110	215		(5)Is included by the United States department of state on a current list of state
111	216		sponsors of terrorism;
112		-	(6)Does not have an official United States diplomatic presence in the country; or
113		-	(7)Is engaged in active military action or war, including a civil war, to which the child
114		-	may be exposed; S. B. NO. 2126 - PAGE 4
115		-	i.Is undergoing a change in immigration or citizenship status that would adversely affect
116		-	the respondent ' s ability to remain in the United States legally;
	217	+	Page No. 4 25.0256.01000
	218	+	1
	219	+	2
	220	+	3
	221	+	4
	222	+	5
	223	+	6
	224	+	7
	225	+	8
	226	+	9
	227	+	10
	228	+	11
	229	+	12
	230	+	13
	231	+	14
	232	+	15
	233	+	16
	234	+	17
	235	+	18
	236	+	19
	237	+	20
	238	+	21
	239	+	22
	240	+	23
	241	+	24
	242	+	25
	243	+	26
	244	+	27
	245	+	28
	246	+	29
	247	+	30
	248	+	31 Sixty-ninth
	249	+	Legislative Assembly
	250	+	(6)Does not have an official United States diplomatic presence in the country;
	251	+	or
	252	+	(7)Is engaged in active military action or war, including a civil war, to which the
	253	+	child may be exposed;
	254	+	i.Is undergoing a change in immigration or citizenship status that would adversely
	255	+	affect the respondent ' s ability to remain in the United States legally;
117	256		j.Has had an application for United States citizenship denied;
118	257		k.Has forged or presented misleading or false evidence on government forms or
119		-	supporting documents to obtain or attempt to obtain a passport, a visa, travel documents,
120		-	a social security card, a driver's license, or other government-issued identification card or
121		-	has made a misrepresentation to the United States government;
	258	+	supporting documents to obtain or attempt to obtain a passport, a visa, travel
	259	+	documents, a social security card, a driver's license, or other government-issued
	260	+	identification card or has made a misrepresentation to the United States
	261	+	government;
122	262		l.Has used multiple names to attempt to mislead or defraud; or
123		-	m.Has engaged in any other conduct the court considers relevant to the risk of abduction.
124		-	2.In the hearing on a petition under this chapter, the court shall consider any evidence the
125		-	respondent in good faith believed the respondent's conduct was necessary to avoid imminent
126		-	harm to the child or respondent and any other evidence that may be relevant to whether the
127		-	respondent may be permitted to remove or retain the child.
	263	+	m.Has engaged in any other conduct the court considers relevant to the risk of
	264	+	abduction.
	265	+	2.In the hearing on a petition under this chapter, the court shall consider any evidence
	266	+	the respondent in good faith believed the respondent's conduct was necessary to
	267	+	avoid imminent harm to the child or respondent and any other evidence that may be
	268	+	relevant to whether the respondent may be permitted to remove or retain the child.
128	269		14 - 14.2 - 07. Provisions and measures to prevent abduction.
129	270		1.If a petition is filed under this chapter, the court may enter an order that must include:
130	271		a.The basis for the court's exercise of jurisdiction;
131		-	b.The manner notice and the opportunity to be heard were given to the persons ~~entitled to~~
132		-	notice of the proceeding;
	272	+	b.The manner notice and the opportunity to be heard were given to the persons
	273	+	entitled to notice of the proceeding;
133	274		c.A detailed description of each party's custody and visitation rights and residential
134	275		arrangements for the child;
135		-	d.A provision stating a violation of the order may subject the party in violation to civil and
136		-	criminal penalties; and
137		-	e.Identification of the child's country of habitual residence at the time of the issuance of the
138		-	order.
139		-	2.If, at a hearing on a petition under this chapter or on the court's own motion, the court after
140		-	reviewing the evidence finds a credible risk of abduction of the child, the court shall enter an
141		-	abduction prevention order. The order must include the provisions required by subsection 1
142		-	and measures and conditions, including those in subsections 3, 4, and 5, which are
143		-	reasonably calculated to prevent abduction of the child, giving due consideration to the
144		-	custody and visitation rights of the parties. The court shall consider the age of the child, the
145		-	potential harm to the child from an abduction, the legal and practical difficulties of returning the
146		-	child to the jurisdiction if abducted, and the reasons for the potential abduction, including
147		-	evidence of domestic violence, stalking, or child abuse or neglect.
	276	+	d.A provision stating a violation of the order may subject the party in violation to
	277	+	civil and criminal penalties; and
	278	+	e.Identification of the child's country of habitual residence at the time of the
	279	+	issuance of the order.
	280	+	Page No. 5 25.0256.01000
	281	+	1
	282	+	2
	283	+	3
	284	+	4
	285	+	5
	286	+	6
	287	+	7
	288	+	8
	289	+	9
	290	+	10
	291	+	11
	292	+	12
	293	+	13
	294	+	14
	295	+	15
	296	+	16
	297	+	17
	298	+	18
	299	+	19
	300	+	20
	301	+	21
	302	+	22
	303	+	23
	304	+	24
	305	+	25
	306	+	26
	307	+	27
	308	+	28
	309	+	29
	310	+	30 Sixty-ninth
	311	+	Legislative Assembly
	312	+	2.If, at a hearing on a petition under this chapter or on the court's own motion, the court
	313	+	after reviewing the evidence finds a credible risk of abduction of the child, the court
	314	+	shall enter an abduction prevention order. The order must include the provisions
	315	+	required by subsection 1 and measures and conditions, including those in
	316	+	subsections 3, 4, and 5, which are reasonably calculated to prevent abduction of the
	317	+	child, giving due consideration to the custody and visitation rights of the parties. The
	318	+	court shall consider the age of the child, the potential harm to the child from an
	319	+	abduction, the legal and practical difficulties of returning the child to the jurisdiction if
	320	+	abducted, and the reasons for the potential abduction, including evidence of domestic
	321	+	violence, stalking, or child abuse or neglect.
148	322		3.An abduction prevention order may include:
149		-	a.An imposition of travel restrictions that require a party traveling with the child ~~outside a~~
150		-	designated geographical area to provide the other party with:
	323	+	a.An imposition of travel restrictions that require a party traveling with the child
	324	+	outside a designated geographical area to provide the other party with:
151	325		(1)The travel itinerary of the child;
152		-	(2)A list of physical addresses and telephone numbers at which the child can be
153		-	reached at specified times; and
	326	+	(2)A list of physical addresses and telephone numbers at which the child can
	327	+	be reached at specified times; and
154	328		(3)Copies of all travel documents;
155		-	b.A prohibition on the respondent directly or indirectly: ~~S. B. NO. 2126 - PAGE 5~~
156		-	(1)Removing the child from this state, the United States, or another geographic ~~area~~
157		-	without permission of the court or the petitioner's written consent;
	329	+	b.A prohibition on the respondent directly or indirectly:
	330	+	(1)Removing the child from this state, the United States, or another geographic
	331	+	area without permission of the court or the petitioner's written consent;
158	332		(2)Removing or retaining the child in violation of a child-custody determination;
159	333		(3)Removing the child from school or a child-care or similar facility; or
160		-	(4)Approaching the child at any location other than a site designated for ~~supervised~~
161		-	visitation;
162		-	c.A requirement a party register the order in another state as a prerequisite to ~~allowing the~~
163		-	child to travel to that state;
	334	+	(4)Approaching the child at any location other than a site designated for
	335	+	supervised visitation;
	336	+	c.A requirement a party register the order in another state as a prerequisite to
	337	+	allowing the child to travel to that state;
164	338		d.Regarding the child ' s passport:
165		-	(1)A requirement the petitioner place the child ' s name in the United States department
166		-	of state's child passport issuance alert program;
167		-	(2)A requirement the respondent surrender any United States or foreign passport
168		-	issued in the child's name, including a passport issued in the name of both the
169		-	parent and the child to the court or the petitioner ' s attorney; and
170		-	(3)A prohibition on the respondent applying for a new or replacement passport or visa
	339	+	(1)A requirement the petitioner place the child ' s name in the United States
	340	+	department of state's child passport issuance alert program;
	341	+	Page No. 6 25.0256.01000
	342	+	1
	343	+	2
	344	+	3
	345	+	4
	346	+	5
	347	+	6
	348	+	7
	349	+	8
	350	+	9
	351	+	10
	352	+	11
	353	+	12
	354	+	13
	355	+	14
	356	+	15
	357	+	16
	358	+	17
	359	+	18
	360	+	19
	361	+	20
	362	+	21
	363	+	22
	364	+	23
	365	+	24
	366	+	25
	367	+	26
	368	+	27
	369	+	28
	370	+	29 Sixty-ninth
	371	+	Legislative Assembly
	372	+	(2)A requirement the respondent surrender any United States or foreign
	373	+	passport issued in the child's name, including a passport issued in the name
	374	+	of both the parent and the child to the court or the petitioner ' s attorney; and
	375	+	(3)A prohibition on the respondent applying for a new or replacement passport
	376	+	or visa on behalf of the child;
	377	+	e.As a prerequisite to exercising custody or visitation, a requirement the
	378	+	respondent provide:
	379	+	(1)To the United States department of state's office of children's issues and the
	380	+	relevant foreign consulate or embassy, an authenticated copy of the order
	381	+	detailing passport and travel restrictions for the child;
	382	+	(2)To the court:
	383	+	(a)Proof the respondent has provided the information in paragraph 1;
	384	+	and
	385	+	(b)An acknowledgment in a record from the relevant foreign consulate or
	386	+	embassy no passport application has been made, or passport issued,
171	387		on behalf of the child;
172		-	e.As a prerequisite to exercising custody or visitation, a requirement the respondent
173		-	provide:
174		-	(1)To the United States department of state's office of children's issues and the
175		-	relevant foreign consulate or embassy, an authenticated copy of the order detailing
176		-	passport and travel restrictions for the child;
177		-	(2)To the court:
178		-	(a)Proof the respondent has provided the information in paragraph 1; and
179		-	(b)An acknowledgment in a record from the relevant foreign consulate or
180		-	embassy no passport application has been made, or passport issued, on
181		-	behalf of the child;
182		-	(3)To the petitioner, proof of registration with the United States embassy or other
183		-	United States diplomatic presence in the destination country and with the central
184		-	authority for the Hague convention on the civil aspects of international child
185		-	abduction, if the convention is in effect between the United States and the
186		-	destination country, unless one of the parties objects; and
187		-	(4)A written waiver under the Privacy Act, as amended [5 U.S.C. Section 552a] with
188		-	respect to any document, application, or other information pertaining to the child
189		-	authorizing its disclosure to the court and the petitioner; and
190		-	f.Upon the petitioner ' s request, a requirement the respondent obtain an order from the
191		-	relevant foreign country containing terms identical to the child-custody determination
192		-	issued in the United States.
193		-	4.In an abduction prevention order, the court may impose conditions on the exercise of custody
194		-	or visitation which: S. B. NO. 2126 - PAGE 6
195		-	a.Limit visitation or require visitation with the child by the respondent be supervised until
196		-	the court finds supervision is no longer necessary and order the respondent to pay the
197		-	costs of supervision;
198		-	b.Require the respondent to post a bond or provide other security in an amount sufficient to
199		-	serve as a financial deterrent to abduction, the proceeds of which may be used to pay for
200		-	the reasonable expenses of recovery of the child, including reasonable attorneys fees
201		-	and costs if there is an abduction; and
202		-	c.Require the respondent to obtain education on the potentially harmful effects to the child
203		-	from abduction.
	388	+	(3)To the petitioner, proof of registration with the United States embassy or
	389	+	other United States diplomatic presence in the destination country and with
	390	+	the central authority for the Hague convention on the civil aspects of
	391	+	international child abduction, if the convention is in effect between the
	392	+	United States and the destination country, unless one of the parties objects;
	393	+	and
	394	+	(4)A written waiver under the Privacy Act, as amended [5 U.S.C. Section 552a]
	395	+	with respect to any document, application, or other information pertaining to
	396	+	the child authorizing its disclosure to the court and the petitioner; and
	397	+	f.Upon the petitioner ' s request, a requirement the respondent obtain an order from
	398	+	the relevant foreign country containing terms identical to the child-custody
	399	+	determination issued in the United States.
	400	+	4.In an abduction prevention order, the court may impose conditions on the exercise of
	401	+	custody or visitation which:
	402	+	Page No. 7 25.0256.01000
	403	+	1
	404	+	2
	405	+	3
	406	+	4
	407	+	5
	408	+	6
	409	+	7
	410	+	8
	411	+	9
	412	+	10
	413	+	11
	414	+	12
	415	+	13
	416	+	14
	417	+	15
	418	+	16
	419	+	17
	420	+	18
	421	+	19
	422	+	20
	423	+	21
	424	+	22
	425	+	23
	426	+	24
	427	+	25
	428	+	26
	429	+	27
	430	+	28
	431	+	29
	432	+	30 Sixty-ninth
	433	+	Legislative Assembly
	434	+	a.Limit visitation or require visitation with the child by the respondent be supervised
	435	+	until the court finds supervision is no longer necessary and order the respondent
	436	+	to pay the costs of supervision;
	437	+	b.Require the respondent to post a bond or provide other security in an amount
	438	+	sufficient to serve as a financial deterrent to abduction, the proceeds of which
	439	+	may be used to pay for the reasonable expenses of recovery of the child,
	440	+	including reasonable attorneys fees and costs if there is an abduction; and
	441	+	c.Require the respondent to obtain education on the potentially harmful effects to
	442	+	the child from abduction.
204	443		5.To prevent imminent abduction of a child, a court may:
205		-	a.Issue a warrant to take physical custody of the child under any provision of law, ~~including~~
206		-	section 14 - 14.2 - 08;
207		-	b.Direct law enforcement to act as reasonably necessary to locate the child, obtain ~~return~~
208		-	of the child, or enforce a custody determination under any provision of law, ~~including this~~
209		-	chapter; or
	444	+	a.Issue a warrant to take physical custody of the child under any provision of law,
	445	+	including section 14 - 14.2 - 08;
	446	+	b.Direct law enforcement to act as reasonably necessary to locate the child, obtain
	447	+	return of the child, or enforce a custody determination under any provision of law,
	448	+	including this chapter; or
210	449		c.Grant any other relief allowed under law.
211		-	6.The remedies provided in this chapter are cumulative and do not affect the availability ~~of other~~
212		-	remedies to prevent abduction.
	450	+	6.The remedies provided in this chapter are cumulative and do not affect the availability
	451	+	of other remedies to prevent abduction.
213	452		14 - 14.2 - 08. Warrant to take physical custody of child.
214		-	1.If a petition under this chapter contains allegations, and the court finds there is a ~~credible risk~~
215		-	the child is imminently likely to be wrongfully removed, the court may ~~issue an ex parte~~
216		-	warrant to take physical custody of the child.
217		-	2.The court shall afford a respondent on a petition under subsection 1 an opportunity to be
218		-	heard at the earliest possible time after the ex parte warrant is executed, but not ~~later than the~~
219		-	next judicial day unless a hearing on that date is impossible. In that ~~event, the court shall hold~~
220		-	the hearing on the first judicial day possible.
	453	+	1.If a petition under this chapter contains allegations, and the court finds there is a
	454	+	credible risk the child is imminently likely to be wrongfully removed, the court may
	455	+	issue an ex parte warrant to take physical custody of the child.
	456	+	2.The court shall afford a respondent on a petition under subsection 1 an opportunity to
	457	+	be heard at the earliest possible time after the ex parte warrant is executed, but not
	458	+	later than the next judicial day unless a hearing on that date is impossible. In that
	459	+	event, the court shall hold the hearing on the first judicial day possible.
221	460		3.An ex parte warrant under subsection 1 to take physical custody of a child must:
222		-	a.Recite the facts upon which a determination of a credible risk of imminent ~~wrongful~~
223		-	removal of the child is based;
	461	+	a.Recite the facts upon which a determination of a credible risk of imminent
	462	+	wrongful removal of the child is based;
224	463		b.Direct law enforcement officers to take physical custody of the child immediately;
225	464		c.State the date and time for the hearing on the petition; and
226		-	d.Provide for the safe interim placement of the child pending further order of the court.
227		-	4.If feasible, before issuing a warrant and determining the placement of the child after the
228		-	warrant is executed, the court may order a search of the relevant databases of the national
229		-	crime information center system and similar state databases to determine whether the
230		-	petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.
231		-	5.The court shall serve the petition and warrant on the respondent at the time, or immediately
232		-	after, the child is taken into physical custody.
	465	+	Page No. 8 25.0256.01000
	466	+	1
	467	+	2
	468	+	3
	469	+	4
	470	+	5
	471	+	6
	472	+	7
	473	+	8
	474	+	9
	475	+	10
	476	+	11
	477	+	12
	478	+	13
	479	+	14
	480	+	15
	481	+	16
	482	+	17
	483	+	18
	484	+	19
	485	+	20
	486	+	21
	487	+	22
	488	+	23
	489	+	24
	490	+	25
	491	+	26
	492	+	27
	493	+	28
	494	+	29
	495	+	30
	496	+	31 Sixty-ninth
	497	+	Legislative Assembly
	498	+	d.Provide for the safe interim placement of the child pending further order of the
	499	+	court.
	500	+	4.If feasible, before issuing a warrant and determining the placement of the child after
	501	+	the warrant is executed, the court may order a search of the relevant databases of the
	502	+	national crime information center system and similar state databases to determine
	503	+	whether the petitioner or respondent has a history of domestic violence, stalking, or
	504	+	child abuse or neglect.
	505	+	5.The court shall serve the petition and warrant on the respondent at the time, or
	506	+	immediately after, the child is taken into physical custody.
233	507		6.A warrant to take physical custody of a child, issued by this state or another state, is
234		-	enforceable. If the court finds a less intrusive remedy will not be effective, the court ~~may~~
235		-	authorize a law enforcement officer to enter private property to take physical ~~custody of the S. B. NO. 2126 - PAGE 7~~
236		-	child. If required by exigent circumstances, the court may authorize law ~~enforcement officers~~
237		-	to make a forcible entry at any hour.
238		-	7.If the court finds, after a hearing, a petitioner sought an ex parte warrant under ~~subsection 1~~
239		-	for the purpose of harassment or in bad faith, the court may award the ~~respondent reasonable~~
240		-	attorney's fees, costs, and expenses.
	508	+	enforceable. If the court finds a less intrusive remedy will not be effective, the court
	509	+	may authorize a law enforcement officer to enter private property to take physical
	510	+	custody of the child. If required by exigent circumstances, the court may authorize law
	511	+	enforcement officers to make a forcible entry at any hour.
	512	+	7.If the court finds, after a hearing, a petitioner sought an ex parte warrant under
	513	+	subsection 1 for the purpose of harassment or in bad faith, the court may award the
	514	+	respondent reasonable attorney's fees, costs, and expenses.
241	515		8.This chapter does not affect the availability of additional relief allowed under the law.
242	516		14 - 14.2 - 09. Duration of abduction prevention order.
243	517		An abduction prevention order remains in effect until the earliest of:
244	518		1.The time stated in the order;
245	519		2.The emancipation of the child;
246	520		3.The child attaining eighteen years of age; or
247		-	4.The time the order is modified, revoked, vacated, or superseded by a court with ~~jurisdiction~~
248		-	under sections 14 - 14.1 - 12 through 14 - 14.1 - 14.
	521	+	4.The time the order is modified, revoked, vacated, or superseded by a court with
	522	+	jurisdiction under sections 14 - 14.1 - 12 through 14 - 14.1 - 14.
249	523		14 - 14.2 - 10. Uniformity of application and construction.
250		-	In applying and construing this chapter, a court shall consider the promotion of uniformity of ~~the law~~
251		-	among the jurisdictions that enact it.
	524	+	In applying and construing this chapter, a court shall consider the promotion of uniformity of
	525	+	the law among the jurisdictions that enact it.
252	526		14 - 14.2 - 11. Relation to Electronic Signatures in Global and National Commerce Act.
253		-	This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and
254		-	National Commerce Act [15 U.S.C. 7001, et seq.] but does not modify, limit, or supersede section
255		-	101(c) of the act or authorize electronic delivery of any of the notices described in section 103(b) of the
256		-	act. S. B. NO. 2126 - PAGE 8
257		-	____________________________ ____________________________
258		-	President of the Senate Speaker of the House
259		-	____________________________ ____________________________
260		-	Secretary of the Senate Chief Clerk of the House
261		-	This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
262		-	Dakota and is known on the records of that body as Senate Bill No. 2126.
263		-	Senate Vote:Yeas 47 Nays 0 Absent 0
264		-	House Vote: Yeas 92 Nays 0 Absent 2
265		-	____________________________
266		-	Secretary of the Senate
267		-	Received by the Governor at ________M. on _____________________________________, 2025.
268		-	Approved at ________M. on __________________________________________________, 2025.
269		-	____________________________
270		-	Governor
271		-	Filed in this office this ___________day of _______________________________________, 2025,
272		-	at ________ o’clock ________M.
273		-	____________________________
274		-	Secretary of State
	527	+	This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global
	528	+	and National Commerce Act [15 U.S.C. 7001, et seq.] but does not modify, limit, or supersede
	529	+	Page No. 9 25.0256.01000
	530	+	1
	531	+	2
	532	+	3
	533	+	4
	534	+	5
	535	+	6
	536	+	7
	537	+	8
	538	+	9
	539	+	10
	540	+	11
	541	+	12
	542	+	13
	543	+	14
	544	+	15
	545	+	16
	546	+	17
	547	+	18
	548	+	19
	549	+	20
	550	+	21
	551	+	22
	552	+	23
	553	+	24
	554	+	25
	555	+	26
	556	+	27
	557	+	28
	558	+	29
	559	+	30
	560	+	31 Sixty-ninth
	561	+	Legislative Assembly
	562	+	section 101(c) of the act or authorize electronic delivery of any of the notices described in
	563	+	section 103(b) of the act.
	564	+	Page No. 10 25.0256.01000
	565	+	1
	566	+	2