Bill Summary for H 370 (2025-2026)

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Summary date: 

Mar 11 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 370 (Public) Filed Tuesday, March 11, 2025
AN ACT TO ENACT THE UNIFORM CHILD ABDUCTION PREVENTION ACT AND TO ENACT ARTICLE THREE OF THE UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Intro. by Davis.

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Bill summary

Part I.

Renames GS Chapter 50A’s title to Uniform Acts on Children (currently, Uniform Child Custody Jurisdiction and Enforcement Act and Uniform Deployed Parents Custody and Visitation Act).  Adds new Article 4, the “Uniform Child Abduction Act" to GS Chapter 52A. Defines abduction, petition, record, state, travel documents, wrongful removal, and wrongful retention. Incorporates definitions of child, child-custody determination, child-custody proceeding, and court from GS 50A-102 (chapter definitions).  

Permits court to enter abduction prevention measures either on its own motion or upon the filing of petition by party to child custody action with notice to respondent, so long as the court determines that there is a credible risk of abduction of the child. Requires court to consider thirteen factors in determining existence of credible risk of abduction, including history of abduction; threats of abduction; actions taken to indicate a planned abduction including severing ties to the State (e.g., abounding employment, selling one’s home, undergoing a change in citizenship or nationality status that would affect their ability to remain in the U.S.. etc.); history of domestic violence, stalking, child abuse or neglect; refusal to comply with a child custody order; lack of familial, cultural, financial or other ties to the State/strong familial, cultural, financial or other ties to another State or country; fraudulent attempts to obtain travel documents; the likelihood of respondent taking the child to a country that (1) does not provide for the extradition of an abducting parent or the return of an abducted child, (2) does not enforce or is not capable of enforcing the Hague Convention on the Civil Aspects of International Child Abduction, (3) has laws or practices that would prevent the petitioner from contacting the child, restrict the petitioner and child from traveling freely to see one another because of their gender, nationality, marital status or religion; (4) is included on the U.S. Department of State’s current list of state sponsors of terrorism; (5) has no official U.S. diplomatic presence; or (6) is engaged in active military action or war, to which the child may be exposed).  Requires court to also 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.

If the court finds credible risk of abduction of the child, requires the court to enter an abduction protection order with required findings and measures and conditions that are reasonably calculated to prevent abduction of the child, giving due consideration to the custody and visitation rights of the parties.  Requires that the order 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, stalking, or child abuse or neglect.

Permits an abduction prevention order to include one or more the following: (1) travel restrictions; (2) restrictions on respondent’s ability to remove the child from the United States, the State, or other locations; (3) requiring the respondent to register the abduction prevention order in another state in order to allow the child to travel to that state; (4) passport restrictions or registration requirements; (5) prerequisites to existing custody or visitation rights including, registration of the order with the US State Department with proof to the court and/or registration of the order with the U.S. embassy or other diplomatic presence in the destination country; and (6) upon the petitioner's request, require respondent to get and order from the relevant foreign country containing identical terms to the US custody determination. Allows the court to limit existing custody or visitation rights, including ordering supervised visitation or posting of bond or other security. Provides for special measures if the court must prevent imminent abduction of a child, including issuing an ex parte warrant to take physical custody of child or directing law enforcement to take any action reasonably necessary to locate or return the child, or enforce a custody determination under GS Chapter 50A, Article 4 or other State law. Specifies that the remedies are cumulative and do not affect the availability of other remedies to prevent abduction.

Authorizes the court to order law enforcement officers to take physical custody of the child as part of an ex parte warrant, including by force at any hour if an exigency exists, if the court finds that less intrusive measures will not be effective. Provides for service and an opportunity for respondent to be heard upon the execution of an ex parte warrants. Details required contents of ex parte warrant. Provides for jurisdictional rules and rules of construction. Provides remedy of costs and reasonable attorneys’ fees if court finds that petition sought an ex parte warrant for purpose of harassment or in bad faith.

Provides for duration of order. Requires Revisor of Statutes to cause to be printed, as annotations to the published General Statutes, all relevant portions of the Official Comments to the Uniform Child Abduction Prevention Act and all explanatory comments of the drafters of this act as the Revisor may deem appropriate.

Specifies that GS 50A-110 (pertaining to communication between courts), GS 50A-111 (pertaining to taking testimony in another state), and GS 50A-112 (pertaining to preservation of records) under the Uniform Child-Custody Jurisdiction and Enforcement Act, apply to new Article 4.

Specifies that new Article 4 modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, but does not modify, limit, or supersede Section 101(c) of the act (pertaining to consumer disclosures), or authorize electronic delivery of any of the notices described in Section 103(b) of that the act (pertaining to specific exceptions under the act).

Effective October 1, 2025, and applies to petitions filed or motions made on or after that date.

Part II.

Amends GS Chapter 48, Article 3, to create a new Part 2A adopting the Information and Guidance Provisions of the Uniform Unregulated Child Custody Transfer Act. Limits the scope of the Part to placement for adoption of a minor to whom any of the following applies: (1) has been or is in foster or institutional care; (2) previously has been adopted in a state; (3) has been or is being adopted under the law of a foreign country; (4) has come or is coming to a state from a foreign country to be adopted; (5) is not a US citizen. Requires adoption agencies, within a reasonable time before placing a minor for adoption with a prospective adoptive parent, to provide the prospective adopted with information addressing: (1) possible physical, mental, emotional, and behavioral issues concerning identity, loss, and trauma that a minor might experience before, during, or after adoption, and a minor leaving familiar ties and surroundings; (2) the effect that access to resources, including health insurance, may have on the ability of an adoptive parent to meet the needs of a minor; (3) causes of disruption of an adoptive placement or dissolution of an adoption and resources available to help avoid disruption or dissolution; and (4) criminal prohibitions under GS 14-321.2 (prohibiting the unlawful transfer of custody of minor child).

Requires adoption agencies to provide general adoption information and non-identifying information, as specified, about the minor to potential adoptive parents prior to their decision to adopt. Mandates that adoption agencies provide guidance and instruction for adoptive parents specific to the minor being adopted to help the parents respond to the needs of the adopted minor.

Requires the adoption agency or Department of Health and Human Services (DHHS) to provide information on how to obtain financial assistance and support services upon request from an adopted minor or adoptive parents. Permits DHHS to investigate adoption agencies for compliance with the part’s requirements and to initiate proceedings to enforce the requirements or revoke the license of adoption agencies who do not comply.

Makes clarifying changes to GS 48-3-205.

Includes a severability clause.

Requires the Revisor of Statutes to print the official comments to Article 3 of the Uniform Unregulated Child Custody Transfer Act and the explanatory comments of the drafters.

Applies to the placement of minors for adoption 60 days after the date the act becomes law.