§ 30-3-169.2 — Court Order

Alabama § 30-3-169.2

• Jurisdiction: Alabama
• Title 30: Marital and Domestic Relations
• Ch. 3: Child Custody and Support
• Art. 7A: Alabama Parent-Child Relationship Protection Act

Text

(a) Where the ends of justice dictate, the court may grant a temporary order restraining the change of principal residence of a child or ordering return of a child to the former residence of the child if a change of principal residence has previously taken place without compliance with this article, and may consider, among other factors, any of the following:
(1) The notice required by this article was not provided in a timely manner.
(2) The notice required by this article was not accurate or did not contain sufficient information upon which a person receiving the notice could base an objection.
(3) The child already has been relocated without notice, agreement of the parties, or prior court approval.
(4) The likelihood that on final hearing the court will not approve the change of the principal residence of the child.
(b) The court may grant a temporary order permitting the change of principal residence of a child and providing for a revised schedule for temporary visitation with a child pending a final hearing if the court finds that the required notice of a proposed change of principal residence of a child as provided in this article was provided in a timely manner, contained sufficient and accurate information, and if the court finds from an examination of the evidence presented at a hearing for temporary relief that there is a likelihood that on final hearing the court will approve the change of the principal residence of the child.
(c) If the court has issued a temporary order authorizing a party to change the principal residence of a child before final judgment is issued, the court may not give weight to the temporary change of principal residence as a factor in reaching its final decision.

Legislative History

(Act 2003-364, p. 1017, §12.)