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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1471 By: Weaver
AS INTRODUCED
An Act relating to child abduction prevention;
creating the Uniform Child Abduction Prevention Act;
providing short title; defining te rms; providing for
cooperation and communication among courts;
authorizing order or petition for abduction
prevention measures; authorizing certain warrant;
clarifying jurisdiction over certain matters;
establishing requirements for certain petition;
specifying required contents of certain petition;
establishing factors to determine risk of child
abduction; authorizing court to consider certain
evidence; requiring abduction prevention order to
contain certain information; authorizing certain
provisions to prevent abduction of child; authorizing
order to impose certain conditions on custody or
visitation; authorizing certain actions to prevent
imminent abduction of child; providing for cumulat ive
remedies; authorizing ex parte warrant for certain
purposes; requiring hearing within specified tim e
period; specifying required contents of c ertain
warrant; authorizing order for certa in search;
requiring service at certain time; clarifying
enforceability of certain warrants; allow ing court to
authorize law enforceme nt to take certain actions;
authorizing award of costs and fees under certain
circumstances; specifying duration of certain order;
providing for uniformity of application and
construction; clarifying applic ation to certain
federal acts; providing for codif ication; and
providing an effective date .
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BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 561-1 of Title 43, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Uniform Child
Abduction Prevention Act ”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Se ction 561-2 of Title 43, unless there
is created a duplication in numbering, re ads as follows:
As used in this act:
1. “Abduction” means the wrongful removal or wrongful retention
of a child;
2. ”Child” means an unemancipated individual who is less than
eighteen (18) years of age;
3. “Child custody determination ” means a judgment, decree, or
other court order providing for the legal custody, physical custody,
or visitation with respect to a child. The te rm includes a
permanent, temporary, initial, and m odification order;
4. “Child custody proceeding” means a proceeding in which l egal
custody, physical custody, or visitation with respect to a child is
at issue. The term includes a proceeding for divorce, dissolution
of marriage, separation, neglect, abu se, dependency, guardianship,
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paternity, termination of parental rights, or protection from
domestic violence;
5. “Court” means an entity authorized under the law of a state
to establish, enforce, or modif y a child custody determination ;
6. “Petition” includes a motion or its equivalent ;
7. “Record” means information that is inscr ibed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form ;
8. “State” means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States. The term includes a federally recognized Indian
tribe or nation;
9. “Travel document” means records relating to a travel
itinerary, including travel tickets, passes, reservations for
transportation, or accommodations. The term does not include a
passport or visa;
10. “Wrongful removal” means the taking of a child that
breaches rights of custody or visitati on given or recognized under
the laws of this state; and
11. “Wrongful retention” means the keeping or concealing of a
child that breaches rights of custody or visitation given or
recognized under the law s of this state.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sectio n 561-3 of Title 43, unless there
is created a duplication in numbering, reads as follows:
The provisions of the Uni form Child Custody Jurisdiction and
Enforcement Act as provided in Sections 551-110, 551-111, and 551-
112 of Title 43 of the Oklahoma Statutes shall apply to cooperation
and communications among courts in proceeding s under this act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 561-4 of Title 43, unless there
is created a duplication in numbering, reads as follows:
A. A court on its own motion may 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.
B. A party to a child custody determination or another
individual or entity having a right under the law s of this state or
any other state to seek a child custody determination for the child
may file a petition seeking abduction prevention meas ures to protect
the child under this act.
C. As authorized by Section 551 -315 of Title 43 of the Okla homa
Statutes, a district attorney may seek a warrant to take physical
custody of a child pursuant to Section 9 of this act, or to take
other appropriate prevention measures.
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SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 561-5 of Title 43, unless there
is created a duplication in numbering, read s as follows:
A. A petition under this act may be filed only in a cour t that
has jurisdiction to make a child custody determination with respect
to the child at issue under Article 2 of the Uniform Child Custody
Jurisdiction and Enforcement Act, Section 5 51-201 et seq. of Title
43 of the Oklahoma Statutes.
B. A court of this state has temporary emergency jurisdiction
under Section 551-204 of Title 43 of the Ok lahoma Statutes if the
court finds a credible r isk of abduction.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sect ion 561-6 of Title 43, unless there
is created a duplication in numbering, reads as follows:
A petition under this act shall be verified and include a copy
of any existing child custody determination, if available. The
petition shall specify the risk factors for abduction, including the
relevant factors described in Section 7 of this act. Subject to the
subsection E of Section 5 51-209 of Title 43 of the Oklahoma
Statutes, if reasonably ascertainable, the petitio n shall contain:
1. The name, date of birth , and gender of the child;
2. The customary address and current physical location of the
child;
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3. The identity, customary address, and current physical
location of the respon dent;
4. A statement of whether a prior action to prevent abduction
or domestic violence has been filed by a party or other individual
or entity having custody of the child, and the date, location, and
disposition of the action;
5. A statement of whether a party to the proceeding has been
arrested for a crime related to domestic vi olence, stalking, or
child abuse or neglect, and the date, location, and disposition of
the case; and
6. Any other information required to be submitted to the court
for a child custody determination pursuant to Section 551-209 of
Title 43 of the Oklahoma Sta tutes.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 561-7 of Title 43, unless there
is created a duplica tion in numbering, reads as follows:
A. In determining whether there is a cred ible risk of abduction
of a child, the court shall consider any evidence that the
petitioner or respondent:
1. Has previously abducted or attempted to abduct the child;
2. Has threatened to abduct the child;
3. Has recently engaged in activities that may indicate a
planned abduction including but not limited to:
a. abandoning employment,
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b. selling a primary residence,
c. terminating a lease,
d. closing bank or other financial management accounts,
liquidating assets, hiding or destroying financial
documents, or conducting any unusual financial
activities,
e. applying for a passport or visa or obtaining travel
documents for the respondent, a family member, or the
child, or
f. seeking to obtain the child ’s birth certificate or
school or medical records;
4. Has engaged in domestic violence, stalk ing, or child abuse
or neglect;
5. Has refused to follow a child custody determination;
6. Lacks strong familial, financial, emotional, or cultural
ties to the state or the United States;
7. Has strong familial, f inancial, emotional, or cultural ties
to another state or country;
8. Is likely to take the child to a country that:
a. is not a party to the Hague Convention on the Civil
Aspects of International Child Abduction and does not
provide for the extradition of an abducting parent or
for the return of an abducted child ,
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b. is a party to the Hague Convention on the Civil
Aspects of International Child Abduction but:
(1) the Hague Convention on the Civil Aspects of
International Child Abduction is not in force
between the United States and that country ,
(2) is noncompliant according to the most recent
compliance report issued by the United States
Department of State, or
(3) lacks legal mechanisms for immediately and
effectively enforcing a return order under the
Hague Convention on the Civil Aspects of
International Child Abduction ,
c. poses a risk that the child ’s physical or emotional
health or safety would be endangered in the country
because of specific circumstances relating to the
child or because of human ri ghts violations committed
against children,
d. has laws or practices that would:
(1) enable the respondent, without due cause, to
prevent the petitioner from contacting the chil d,
(2) restrict the petitioner from freely traveling to
or exiting from the country because of the
petitioner’s gender, nationality, marital status,
or religion, or
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(3) restrict the child’s ability to legally leave the
country after the child reaches the a ge of
majority because of a child ’s gender,
nationality, or religion ,
e. is included by the United States Department of State
on a current list of state sponsors of terrorism ,
f. does not have an official United States diplomatic
presence in the country , or
g. is engaged in active military action or war, including
a civil war, to whic h the child may be exposed;
9. Is undergoing a change in immigration or citizenship status
that would adversely affect the re spondent’s ability to remain in
the United States legally;
10. Has had an application for United States citizenship
denied;
11. Has forged or presented misleading or false evidence on
government forms or supporting documents to obtain or attempt to
obtain a passport, a visa, travel documents, a Social S ecurity card,
a driver license, or other government -issued identification card or
has made a misrepresentation to the United States government;
12. Has used multiple names to attempt to mislead or defraud;
or
13. Has engaged in any other conduct the cour t considers
relevant to the risk of abduction.
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B. In the hearing on a petition under this act, the court shall
consider any evidence that the respondent believed in good faith
that the respondent’s conduct was necessary to avoid imminent harm
to the child or respondent and any other evidence that may be
relevant to whether the respondent may be permitted to remove or
retain the child.
SECTION 8. NEW LAW A new section of law to be cod ified
in the Oklahoma Statutes as Section 561-8 of Title 43, unless there
is created a duplication in numbering, reads as follows :
A. If a petition is filed under this act, the court may enter
an order that shall include:
1. The basis for the cou rt’s exercise of jurisdiction;
2. The manner in which not ice and opportunity to be heard were
given to the persons entitled to notice of the proceeding;
3. A detailed description of each party ’s custody and
visitation rights and residential arrangements for the child;
4. A provision stating that a violation of the order may
subject the party in violation to civil and criminal penalties; and
5. Identification of the child ’s country of habitual residence
at the time of the issuance of the order.
B. If, at a hearing on a petition under this act or on the
court’s own motion, the court after reviewing the evidence finds a
credible risk of abduction of the child, the court shall enter an
abduction prevention order. The order shall include the provisions
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required by subsection A of this section and measures and
conditions, including provisions in subsections C, D, and E of this
section, that are reasonably calculated to prevent abduction of the
child, giving due consideration to the custody and visitation righ ts
of the parties. The court shall consider the age of the child, the
potential harm to the child from an abduction, the legal and
practical difficulties of returning the child to the jurisdiction if
abducted, and the reasons for the potential abduction, includin g
evidence of domestic violence, stalking, or chil d abuse or neglect.
C. An abduction prevention order may include one or more o f the
following:
1. An imposition of travel restrictions that require that a
party traveling with the child outside a designated geographical
area provide the other par ty with the following:
a. the travel itinerary of the child ,
b. a list of physical addresses and telephone numbers at
which the child can be reached at specified times , and
c. copies of all travel documents;
2. A prohibition of the respondent directly or indirect ly:
a. removing the child from this state, the United States,
or another geographic area without permission of the
court or the petitioner ’s written consent,
b. removing or retaining the child in vi olation of a
child custody determination,
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c. removing the child from school or a child -care or
similar facility, or
d. approaching the child at any location other than a
site designated for supervised visitation;
3. A requirement that a party register the order in another
state as a prerequisite to allowing the child to travel to that
state;
4. With regard to the child ’s passport:
a. a direction that the petitioner place the child’s name
in the United States Department of State ’s Child
Passport Issuance Alert Program,
b. a requirement that the respondent surrend er to the
court or the petitioner ’s attorney any United States
or foreign passport issued in the child ’s name,
including a passport issued in the name of both the
parent and the child , and
c. a prohibition upon the respondent from applying on
behalf of the child for a new or replacement passport
or visa;
5. As a prerequisite to exer cising custody or visitation, a
requirement that the respondent provide:
a. to the United States Department of S tate Office of
Children’s Issues and the relevant foreign consula te
or embassy, an authenticated copy of the order
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detailing passport and travel restrictions for the
child,
b. to the court:
(1) proof that the respondent has provided the
information in subparagraph a, and
(2) an acknowledgment in a record from the releva nt
foreign consulate or embassy that no passport
application has been made, or passport issued, on
behalf of the child,
c. 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
d. a written waiver under the Privacy Act, 5 U.S.C.
Section 552a, as amended, with respect to any
document, application, or other information pertaining
to the child authorizing its disclosure to the court
and the petitioner; and
6. Upon the petitioner’s request, a requirement that the
respondent obtain an order from the relevant foreign country
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containing terms identical to the child custody determination issued
in the United States.
D. In an abduction prevention order, the court may impose
conditions on the exerc ise of custody or visitation that:
1. Limit visitation or require that visitat ion with the child
by the respondent be supervised until the court finds that
supervision is no longer necessary and or der the respondent to pay
the costs of supervision;
2. 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 child, including reasonable
attorney fees and costs if there is an abduction; and
3. Require the respondent to o btain education on the
potentially harmful effects to the child from abduct ion.
E. To prevent imminent abduction of a child, a court may:
1. Issue a warrant to take physical c ustody of the child under
Section 9 or the law s of this state other than this act;
2. Direct the use of law enforcement to take any action
reasonably necessary to locate the child, obtain return of the
child, or enforce a custody determination under this act or the laws
of this state other than this act; or
3. Grant any other relie f allowed under the law s of this state
other than this act.
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F. The remedies provided in this act are cumulative and do not
affect the availability of other remedies to prevent abduction.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 561-9 of Title 43, unless there
is created a duplication in numbering, reads as follows:
A. If a petition under this act contains allegations, and the
court finds that there is a credibl e risk that the child is
imminently likely to be wrongfully removed, the court may issue an
ex parte warrant to take physical custody of the child.
B. The respondent on a petition under subsection A of this
section shall be afforded an opportunity to be heard at the earliest
possible time after the ex parte warrant is executed, but not later
than the next judicial day unless a hearing on that date is
impossible. In such event, the court shall hold t he hearing on the
first judicial day possible.
C. An ex parte warrant under subsection A of this section to
take physical custody of a child shall:
1. Recite the facts upon which a determination o f a credible
risk of imminent wrongful removal of the chil d is based;
2. Direct law enforcement officers to take physical custody of
the child immediately;
3. State the date and time for the hearing on the petition; and
4. Provide for the safe interim placement of the child pending
further order of the court.
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D. If feasible, before issuing a warrant and before determining
the placement of the child after the warrant is executed, the court
may order a search of the relevant databases of the National Crim e
Information Center system a nd similar state databases to determine
if either the petitioner or respondent has a history of domestic
violence, stalking, or child abuse or neglect.
E. The petition and warrant shall be served on the respondent
when or immediately after the child is taken into physical custody.
F. A warrant to take physical custody of a child, issued by
this state or another state, is enforceable throughout this state.
If the court finds that a less intrusive remedy will not be
effective, it may authorize law enforcem ent officers to enter
private property to take physical custody of the child. If required
by exigent circumstances, the court may authorize law enforce ment
officers to make a forcible entry at any hour.
G. If the court finds, after a hearing, that a petitioner
sought an ex parte war rant under subsection A of this section for
the purpose of harassment or in bad faith, the court may award the
respondent reasonable attorney fees, costs, and expenses.
H. This act does not affect the availability of relief al lowed
under the laws of this state other than this act.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 561-10 of Title 43, unless there
is created a duplication in numbering, reads as follows:
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An abduction prevention order remains in effect until the
earliest of the:
1. Time stated in the order ;
2. Emancipation of the child;
3. Child’s attaining 18 years of age; or
4. Time the order is modified, revoked, vac ated, or superseded
by a court with jurisdiction under Sections 551-201 through 551-203
of Title 43 of the Oklahoma Statutes or other applicable laws of
this state.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 561-11 of Title 43, unless there
is created a duplication in numbering, reads as follows:
In applying and constru ing this uniform act, consideration shall
be given to the need to promote uniformity of the law with respect
to its subject matter among states that enact it.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 561-12 of Title 43, unless there
is created a duplication in numbering, reads as follows:
This act modifies, limits, and supersedes the federal Electronic
Signatures in Global and National Commerce Act, 15 U.S.C. Section
7001, et seq., but does not modify, limit, or supersede Section
101(c) of the act, 15 U.S.C. Section 7001(c), of that act or
authorize electronic delivery of any of the notices described in
Section 103(b) of that act, 15 U.S.C. Section 7003(b).
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SECTION 13. This act shall become effective November 1, 2024.
59-2-2667 TEK 12/15/2023 5:55:58 PM