|
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-6.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-308.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-8.htm - 3K - 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
30-3C-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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-5.htm - 847 bytes - Match Info - Similar pages
30-3B-205
Section 30-3B-205 Notice; opportunity to be heard; joinder. (a) Before a child custody determination
is made under this chapter, notice and an opportunity to be heard in accordance with the standards
of Section 30-3B-108 must be given to all persons entitled to notice under the law of this
state as in child custody proceedings between residents of this state, any parent whose parental
rights have not been previously terminated, and any person having physical custody of the
child. (b) This chapter does not govern the enforceability of a child custody determination
made without notice or an opportunity to be heard. (c) The obligation to join a party and
the right to intervene as a party in a child custody proceeding under this chapter are governed
by the law of this state as in child custody proceedings between residents of this state.
(Act 99-438, p. 866, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-205.htm - 1K - Match Info - Similar pages
30-3B-311
Section 30-3B-311 Warrant to take physical custody of child. (a) Upon the filing of a petition
seeking enforcement of a child custody determination, the petitioner may file a verified application
for the issuance of a warrant to take physical custody of the child if the child is imminently
likely to suffer serious physical harm or be removed from this state. (b) If the court, upon
the testimony of the petitioner or other witness, finds that the child is imminently likely
to suffer serious physical harm or be removed from this state, it may issue a warrant to take
physical custody of the child. The petition must be heard within 72 hours after the warrant
is executed unless impossible. In that event, the court shall hold the hearing on the next
judicial day. The application for the warrant must include the statements required by Section
30-3B-308(b). (c) A warrant to take physical custody of a child must: (1) Recite the facts
upon which a conclusion of imminent serious physical harm or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-311.htm - 2K - Match Info - Similar pages
30-3B-204
Section 30-3B-204 Temporary emergency jurisdiction. (a) A court of this state has temporary
emergency jurisdiction if the child is present in this state and the child has been abandoned
or it is necessary in an emergency to protect the child because the child, or a sibling or
parent of the child, is subjected to or threatened with mistreatment or abuse. (b) If there
is no previous child custody determination that is entitled to be enforced under this chapter
and a child custody proceeding has not been commenced in a court of a state having jurisdiction
under Sections 30-3B-201 through 30-3B-203, a child custody determination made under this
section remains in effect until an order is obtained from a court of a state having jurisdiction
under Sections 30-3B-201 through 30-3B-203. If a child custody proceeding has not been or
is not commenced in a court of a state having jurisdiction under Sections 30-3B-201 through
30-3B-203, a child custody determination made under this section becomes...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-204.htm - 2K - Match Info - Similar pages
30-3B-105
Section 30-3B-105 International application of chapter. (a) A court of this state shall treat
a foreign country as if it were a state of the United States for the purpose of applying this
article and Article 2. (b) Except as otherwise provided in subsection (c), a child custody
determination made in a foreign country under factual circumstances in substantial conformity
with the jurisdictional standards of this chapter must be recognized and enforced under Article
3. (c) A court of this state need not apply this chapter if the child custody law of a foreign
country violates fundamental principles of human rights. (Act 99-438, p. 866, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-105.htm - 974 bytes - 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
|