§ 20-8-108 — Provisions and measures to prevent abduction

Wyoming § 20-8-108

• Jurisdiction: Wyoming
• Title 20: Domestic Relations
• Ch. 8: CHILD ABDUCTION PREVENTION

Text

(a) If a petition is filed under this act, the court may
enter an order that shall include:
(i) The basis for the court's exercise of
jurisdiction;
(ii) The manner in which notice and opportunity to be
heard were given to the persons entitled to notice of the
proceeding;
(iii) A detailed description of each party's custody
and visitation rights and residential arrangements for the
child;
(iv) A provision stating that a violation of the
order may subject the party in violation to civil and criminal
penalties;
(v) 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
information required by subsection (a) of this section and
measures and conditions, including those specified in
subsections (c) through (e) 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. 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 concluding that
there is a credible risk of abduction of the child, including
evidence of domestic violence, stalking or child abuse or
neglect.
(c) An abduction prevention order may include one (1) or
more of the following:
(i) 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:
(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.
(ii) A prohibition of the respondent directly or
indirectly:
(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 violation
of a child custody determination;
(C) Removing the child from school or a child
care or similar facility;
(D) Approaching the child at any location other
than a site designated for supervised visitation.
(iii) A requirement that a party register the order
in another state as a prerequisite to allowing the child to
travel to that state;
(iv) 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 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
(C) A prohibition upon the respondent from
applying on behalf of the child for a new or replacement
passport or visa.
(v) As a prerequisite to exercising custody or
visitation, a requirement that the respondent provide:
(A) 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;
(B) To the court:
(I) Proof that the respondent has provided
the information specified in subparagraph (A) of this paragraph;
and
(II) 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.
(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 federal Privacy
Act, 5 U.S.C. § 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.
(vi) 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.
(d) In an abduction prevention order, the court may impose
conditions on the exercise of custody or visitation that:
(i) Limit visitation or require that visitation 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;
(ii) 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;
(iii) Require the respondent to obtain education on
the potentially harmful effects to the child from abduction.
(e) To prevent imminent abduction of a child, a court may:
(i) Issue a warrant to take physical custody of the
child under W.S. 20-8-109 or the law of this state;
(ii) 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 law of this state;
(iii) Grant any other relief allowed under the law of
this state.
(f) The remedies provided in this act are cumulative and
do not affect the availability of other remedies to prevent
abduction.