|
30-3B-302
Section 30-3B-302 Enforcement under Hague Convention. Under this article a court of this state
may enforce an order for the return of the child made under The Hague Convention on the Civil
Aspects of International Child Abduction as if it were a child custody determination. (Act
99-438, p. 866, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-302.htm - 609 bytes - Match Info - Similar pages
30-3B-301
Section 30-3B-301 Definitions. In this article, the following terms shall have the following
meanings: (1) PETITIONER. A person who seeks enforcement of an order for return of a child
under The Hague Convention on the Civil Aspects of International Child Abduction or enforcement
of a child custody determination. (2) RESPONDENT. A person against whom a proceeding has been
commenced for enforcement of an order for return of a child under The Hague Convention on
the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
(Act 99-438, p. 866, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-301.htm - 917 bytes - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-7.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-9.htm - 6K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-102.htm - 7K - Match Info - Similar pages
30-3D-706
Section 30-3D-706 Registration of Convention support order. (a) Except as otherwise provided
in this article, a party who is an individual or a support enforcement agency seeking recognition
of a Convention support order shall register the order in this state as provided in Article
6. (b) Notwithstanding Sections 30-3D-311 and 30-3D-602(a), a request for registration of
a Convention support order must be accompanied by: (1) a complete text of the support order
or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which
may be in the form recommended by The Hague Conference on Private International Law; (2) a
record stating that the support order is enforceable in the issuing country; (3) if the respondent
did not appear and was not represented in the proceedings in the issuing country, a record
attesting, as appropriate, either that the respondent had proper notice of the proceedings
and an opportunity to be heard or that the respondent had proper...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-706.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-2.htm - 2K - Match Info - Similar pages
30-3D-105
Section 30-3D-105 Application of chapter to resident of foreign country and foreign support
proceeding. (a) A tribunal of this state shall apply Articles 1 through 6 and, as applicable,
Article 7, to a support proceeding involving: (1) a foreign support order; (2) a foreign tribunal;
or (3) an obligee, obligor, or child residing in a foreign country. (b) A tribunal of this
state that is requested to recognize and enforce a support order on the basis of comity may
apply the procedural and substantive provisions of Articles 1 through 6. (c) Article 7 applies
only to a support proceeding under the Convention. In such a proceeding, if a provision of
Article 7 is inconsistent with Articles 1 through 6, Article 7 controls. (Act 2015-284, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-105.htm - 1K - Match Info - Similar pages
16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove barriers
to education success imposed on children of military families because of frequent moves and
deployment of their parents by: A. Facilitating the timely enrollment of children of military
families and ensuring that they are not placed at a disadvantage due to difficulty in the
transfer of education records from the previous school district(s) or variations in entrance/age
requirements. B. Facilitating the student placement process through which children of military
families are not disadvantaged by variations in attendance requirements, scheduling, sequencing,
grading, course content or assessment. C. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-44B-1.htm - 46K - Match Info - Similar pages
30-3D-701
Section 30-3D-701 Definitions. In this article: (1) "Application" means a request
under the Convention by an obligee or obligor, or on behalf of a child, made through a central
authority for assistance from another central authority. (2) "Central authority"
means the entity designated by the United States or a foreign country described in Section
30-3D-102(5)(D) to perform the functions specified in the Convention. (3) "Convention
support order" means a support order of a tribunal of a foreign country described in
Section 30-3D-102(5)(D). (4) "Direct request" means a petition filed by an individual
in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing
outside the United States. (5) "Foreign central authority" means the entity designated
by a foreign country described in Section 30-3D-102(5)(D) to perform the functions specified
in the Convention. (6) "Foreign support agreement": (A) means an agreement for support
in a record that: (i) is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-701.htm - 1K - Match Info - Similar pages
|