§ 14-13.5-107 — Factors to determine risk of abduction

Colorado § 14-13.5-107

• Jurisdiction: Colorado
• Title 14: Domestic
• Art.: Uniform Child Abduction Prevention Act

Text

(1) In determining
whether there is a credible risk of abduction of a child, the court shall consider any
evidence that the petitioner or respondent:

(a) Has previously abducted or attempted to abduct the child;

(b) Has threatened to abduct the child;

(c) Has recently engaged in activities that may indicate a planned abduction,
including:

(I) Abandoning employment;

(II) Selling a primary residence;

(III) Terminating a lease;

(IV) Closing bank or other financial management accounts, liquidating
assets, hiding or destroying financial documents, or conducting any unusual
financial activities;

(V) Applying for a passport or visa or obtaining travel documents for the
respondent, a family member, or the child; or

(VI) Seeking to obtain the child's birth certificate or school or medical
records;

(d) Has engaged in domestic violence, domestic abuse, stalking, or child
abuse or neglect;

(e) Has refused to follow a child-custody determination;

(f) Lacks strong familial, financial, emotional, or cultural ties to the state or
the United States;

(g) Has strong familial, financial, emotional, or cultural ties to another state
or country;

(h) Is likely to take the child to a country that:

(I) 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;

(II) Is a party to the Hague Convention on the Civil Aspects of International
Child Abduction but:

(A) The Hague Convention on the Civil Aspects of International Child
Abduction is not in force between the United States and that country;

(B) Is noncompliant according to the most recent compliance report issued
by the United States department of state; or

(C) Lacks legal mechanisms for immediately and effectively enforcing a
return order under the Hague Convention on the Civil Aspects of International
Child Abduction;

(III) 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 rights violations committed against children;

(IV) Has laws or practices that would:

(A) Enable the respondent, without due cause, to prevent the petitioner from
contacting the child;

(B) Restrict the petitioner from freely traveling to or exiting from the country
because of the petitioner's gender, nationality, marital status, or religion; or

(C) Restrict the child's ability legally to leave the country after the child
reaches the age of majority because of a child's gender, nationality, or religion;

(V) Is included by the United States department of state on a current list of
state sponsors of terrorism;

(VI) Does not have an official United States diplomatic presence in the
country; or

(VII) Is engaged in active military action or war, including a civil war, to which
the child may be exposed;

(i) Is undergoing a change in immigration or citizenship status that would
adversely affect the respondent's ability to remain in the United States legally;

(j) Has had an application for United States citizenship denied;

(k) 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 security card, a driver's license, or other government-issued identification card or has made a misrepresentation to the United States
government;

(l) Has used multiple names to attempt to mislead or defraud; or

(m) Has engaged in any other conduct the court considers relevant to the
risk of abduction.

(2) In the hearing on a petition under this article, 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.

Legislative History

Source: L. 2007: Entire article added, p. 769, � 1, effective May 14.