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30-3C-4
Section 30-3C-4 Actions for abduction prevention measures. (a) A court on its own motion
may order abduction prevention measures in a child-custody proceeding if the court finds that
the evidence establishes a credible risk of abduction of the child. (b) A party to a child-custody
determination or another individual or entity having a right under the law of this state or
any other state to seek a child-custody determination for the child may file a petition seeking
abduction prevention measures to protect the child under this chapter. This chapter creates
no new requirement on the Department of Human Resources or any other social services agency
or entity to file a petition seeking abduction prevention measures on behalf of a child. (Act
2010-212, p. 339, §4.)...
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30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed
under this chapter, the court may set a preliminary hearing as necessary, and shall cause
to be issued all summonses and notices as required by law and otherwise deemed necessary and
appropriate. Should the court determine from the petition, or on evidence presented at a preliminary
hearing, that no emergency or temporary orders are appropriate, then the court shall set the
petition for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, 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
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
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30-3C-8
Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition
filed under this chapter, before a hearing on the matter, the court may enter an ex parte
order for emergency measures to prevent abduction, including an ex parte warrant to take physical
custody of the child, or an order for any other emergency relief as necessary to prevent abduction
of a child, including imposing travel restrictions with the child, on the petitioner or the
respondent or on both the petitioner and the respondent. (b) An ex parte order for relief
under this chapter shall include: (1) the basis for the court's exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given to the persons entitled
to notice of the proceeding, including a finding by the court of compliance with Rule 65 of
the Alabama Rules of Civil Procedure, if applicable; (3) a detailed description of each party's
custody and visitation rights and residential arrangements for the child...
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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following
meanings: (1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD.
An unemancipated individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating to child support or other
monetary obligation of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in
which legal custody, physical custody, or visitation with respect to a child is at issue.
The term includes a proceeding for divorce, dissolution of marriage, legal separation, neglect,
abuse, dependency, paternity, termination of parental rights, or protection from domestic
violence. The term does not include a court proceeding involving juvenile...
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30-3C-6
Section 30-3C-6 Contents of petition. A petition under this chapter must be verified
and include a copy of any existing child-custody determination, if available. If a child-custody
determination is not available, the petition must state the petitioner's right to make a petition,
as described under subsection (b) of Section 30-3C-4, and provide the basis for that
right to make a petition under this chapter. The petition also must specify the risk factors
for abduction, including the relevant factors described in Section 30-3C-7. Subject
to the protections provided by subsection (e) of Section 30-3B-209 of the Uniform Child
Custody Jurisdiction and Enforcement Act, if reasonably ascertainable, the petition must contain:
(1) the name, date of birth, and gender of the child; (2) the usual places of abode and current
physical location of the child; (3) the identity, usual places of abode, and current physical
location of the petitioner and respondent, and an explanation of the relationship...
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30-3C-5
Section 30-3C-5 Jurisdiction. (a) A petition under this chapter may be filed only in
a court that has jurisdiction to make a child-custody determination with respect to the child
at issue under the Uniform Child Custody Jurisdiction and Enforcement Act, Chapter 3B of this
title. (b) Notwithstanding subsection (a), a court of this state has temporary emergency jurisdiction
to take action under this chapter if a child is present in this state and the court finds
there is a credible risk of abduction. (Act 2010-212, p. 339, §5.)...
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30-3C-7
Section 30-3C-7 Factors to determine risk of abduction. (a) In determining whether there
is a credible risk of abduction of a child, the court shall consider any evidence that the
petitioner or respondent: (1) has previously abducted or attempted to abduct a child; (2)
has threatened to abduct a child; (3) has recently engaged in activities that may indicate
a planned abduction, including: (A) abandoning employment; (B) preparing to move from, abandoning,
or 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; (4) has engaged in domestic violence,
stalking, or child abuse or neglect; (5) has refused to follow a...
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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports,
and information acquired or generated in juvenile courts concerning children shall be confidential
and shall not be released to any person, department, agency, or entity, except as provided
elsewhere in this section: (1) Juvenile legal files (including formal documents as
petitions, notices, motions, legal memoranda, orders, and decrees). (2) Social records, including
but not limited to: a. Records of juvenile probation officers. b. Records of the Department
of Human Resources. c. Records of the Department of Youth Services. d. Medical records. e.
Psychiatric or psychological records. f. Reports of preliminary inquiries and predisposition
studies. g. Supervision records. h. Birth certificates. i. Individualized service plans. j.
Education records, including, but not limited to, individualized education plans. k. Detention
records. l. Demographic information that identifies a child or the family of a...
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30-3D-102
Section 30-3D-102 Definitions. In this chapter: (1) "Child" means an individual,
whether over or under the age of majority, who is or is alleged to be owed a duty of support
by the individual's parent or who is or is alleged to be the beneficiary of a support order
directed to the parent. (2) "Child-support order" means a support order for a child,
including a child who has attained the age of majority under the law of the issuing state
or foreign country. (3) "Convention" means the Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November
23, 2007. (4) "Duty of support" means an obligation imposed or imposable by law
to provide support for a child, spouse, or former spouse, including an unsatisfied obligation
to provide support. (5) "Foreign country" means a country, including a political
subdivision thereof, other than the United States, that authorizes the issuance of support
orders and: (A) which has been...
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30-3B-308
Section 30-3B-308 Expedited enforcement of child custody determination. (a) A petition
under this article must be verified. Certified copies of all orders sought to be enforced
and of any order confirming registration must be attached to the petition. A copy of a certified
copy of an order may be attached instead of the original. (b) A petition for enforcement of
a child custody determination must state: (1) Whether the court that issued the determination
identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so,
what the basis was; (2) Whether the determination for which enforcement is sought has been
vacated, stayed, or modified by a court whose decision must be enforced under this chapter
and, if so, identify the court, the case number, and the nature of the proceeding; (3) Whether
any proceeding has been commenced that could affect the current proceeding, including proceedings
relating to domestic violence, protective orders, termination of parental...
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