§ 20-8-107 — Factors to determine risk of abduction

(a) In determining whether there is a credible risk of
abduction of a child, the court shall hold a hearing and
consider any evidence that the petitioner or respondent:
(i) Has previously abducted or attempted to abduct
the child;
(ii) Has threatened to abduct the child;
(iii) Has recently engaged in activities that may
indicate a planned abduction, including:
(A) Abandoning employment;
(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.
(iv) Has engaged in domestic violence, stalking or
child abuse or neglect;
(v) Has refused to follow a child custody
determination;
(vi) Lacks strong familial, financial, emotional or
cultural ties to the state or the United States;
(vii) Has strong familial, financial, emotional or
cultural ties to another state or country;
(viii) 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;
(B) Is a party to the Hague Convention on the
Civil Aspects of International Child Abduction but:
(I) The Hague Convention on the Civil
Aspects of International Child Abduction is not in force between
the United States and that country;
(II) Is noncompliant according to the most
recent compliance report issued by the United States department
of state; or
(III) 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 rights violations committed against children;
(D) Has laws or practices that would:
(I) Enable the respondent, without due
cause, to prevent the petitioner from contacting the child;
(II) Restrict the petitioner from freely
traveling to or exiting from the country because of the
petitioner's gender, nationality, marital status or religion; or
(III) 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.
(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 which the child may be exposed.
(ix) Is undergoing a change in immigration or
citizenship status that would adversely affect the respondent's
ability to remain in the United States legally;
(x) Has had an application for United States
citizenship denied;
(xi) 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;
(xii) Has used multiple names to attempt to mislead
or defraud;
(xiii) Has engaged in any other conduct the court
considers relevant to the risk of abduction.
(b) In the hearing on a petition under this act, the court
shall consider any evidence showing 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.