(1) If a petition
is filed under this article, the court may enter an order that must include:
(a) The basis for the court's exercise of jurisdiction;
(b) The manner in which notice and opportunity to be heard were given to the
persons entitled to notice of the proceeding;
(c) A detailed description of each party's custody and visitation rights,
residential arrangements for the child, and any child-custody determinations in
effect;
(d) A provision stating that a violation of the order may subject the party in
violation to civil and criminal penalties; and
(e) Identification of the child's country of habitual residence at the time of
the issuance of the order.
(2) If, at a hearing on a petition under this article 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 must
include the provisions required by subsection (1) of this section and measures and
conditions, including those in subsections (3), (4), and (5) of this section, that are
reasonably calculated to prevent abduction of the child, giving due consideration to
the custody and visitation rights of the parties and the child-custody
determinations in effect at the time of the filing of the petition under this article.
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, including
evidence of domestic violence, domestic abuse, stalking, or child abuse or neglect.
(3) An abduction prevention order may include one or more of the following:
(a) An imposition of travel restrictions that require that a party traveling with
the child outside a designated geographical area provide the other party with the
following:
(I) The travel itinerary of the child;
(II) A list of physical addresses and telephone numbers at which the child
can be reached at specified times; and
(III) Copies of all travel documents;
(b) A prohibition of the respondent directly or indirectly from:
(I) Removing the child from this state, the United States, or another
geographic area without permission of the court or the petitioner's written consent;
(II) Removing or retaining the child in violation of a child-custody
determination;
(III) Removing the child from school or a child-care or similar facility; or
(IV) Approaching the child at any location other than a site designated for
supervised visitation or supervised parenting time;
(c) A requirement that a party register the order in another state as a
prerequisite to allowing the child to travel to that state;
(d) With regard to the child's passport:
(I) A direction that the petitioner place the child's name in the United States
department of state's child passport issuance alert program;
(II) A requirement that the respondent surrender 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
(III) A prohibition upon the respondent from applying on behalf of the child
for a new or replacement passport or visa;
(e) As a prerequisite to exercising custody, parental responsibilities, or
visitation or parenting time, a requirement that the respondent provide:
(I) To the United States department of state office of children's issues and
the relevant foreign consulate or embassy, an authenticated copy of the order
detailing passport and travel restrictions for the child;
(II) To the court:
(A) Proof that the respondent has provided the information in subparagraph
(I) of this paragraph (e); and
(B) An acknowledgment in a record from the relevant foreign consulate or
embassy that no passport application has been made, or passport issued, on behalf
of the child;
(III) 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
(IV) A written waiver under the federal Privacy Act of 1974, 5 U.S.C.
Section 552a, with respect to any document, application, or other information
pertaining to the child authorizing its disclosure to the court and the petitioner; and
(f) Upon the petitioner's request, a requirement that the respondent obtain
an order from the relevant foreign country containing terms identical to the child-custody determination issued in the United States.
(4) In an abduction prevention order, the court may impose conditions on the
exercise of custody, parental responsibilities, or visitation or parenting time that:
(a) Limit visitation or parenting time or require that visitation or parenting
time with the child by the respondent be supervised until the court finds that
supervision is no longer necessary and order the respondent to pay the costs of
supervision;
(b) 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 attorneys fees and costs if there is an abduction; and
(c) Require the respondent to obtain education on the potentially harmful
effects to the child from abduction.
(5) To prevent imminent abduction of a child, a court may:
(a) Issue a warrant to take physical custody of the child under section 14-13.5-109 or the law of this state other than this article;
(b) 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 article or the law of this state other than this article; or
(c) Grant any other relief allowed under the law of this state other than this
article.
(6) The remedies provided in this article are cumulative and do not affect the
availability of other remedies to prevent abduction.