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  • Summary date: Apr 6 2011 - View Summary

    Enacts new GS Chapter 50D, which provides for certain types of court actions seeking to prevent wrongful removal or retention of a child. Provides that (1) a court on its own motion in a child custody proceeding may order abduction prevention measures upon evidence establishing a credible risk of child abduction, (2) a party to a child custody proceeding or person with equivalent standing may petition for abduction prevention measures, and (3) a prosecutor or public authority designated under the Uniform Child-Custody Jurisdiction and Enforcement Act may seek a warrant to take physical custody of a child or other prevention measures. Establishes which courts have jurisdiction over these actions. Sets forth the required contents of a petition for abduction prevention measures, states thirteen factors a court shall consider in determining a credible risk of abduction, and requires the court to consider evidence of certain good faith of the respondent. Provides for certain detailed required elements of a court order on a petition for abduction prevention measures, allows a court to impose conditions on the exercise of custody or visitation, where relevant, and grants a court additional authority to issue warrants to take physical custody of a child and direct the appropriate use of law enforcement. Sets forth the requirements for an ex parte warrant to take physical custody of a child, including the contents of the warrant and provisions for notice and a prompt hearing for the respondent after issuance. Establishes the possible duration of an abduction prevention order, and states the Chapter's relation to the federal Electronic Signatures in Global and National Commerce Act. Effective January 1, 2012.