Michigan Compiled Laws — UNIFORM CHILD ABDUCTION PREVENTION ACT (Act 460 of 2014)

Short title.

This act shall be known and may be cited as the "uniform child abduction prevention act".

Definitions.

As used in this act: (a) "Abduction" means the wrongful removal or wrongful retention of a child. (b) "Child" means an unemancipated individual who is less than 18 years of age. (c) "Child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or vi…

Applicability of MCL 722.1110 to 722.1112.

Sections 110 to 112 of the uniform child-custody jurisdiction and enforcement act, 2001 PA 195, MCL 722.1110 to 722.1112, apply to cooperation and communications among courts in proceedings under this act.

Abduction prevention measures in child-custody proceeding; court order; petition; warrant to take physical custody of child.

(1) 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. (2) A party to a child-custody determination or another individual or entity having a right under the law of this state or any o…

Petition; court jurisdiction; emergency jurisdiction.

(1) A petition under this act 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, 2001 PA 195, MCL 722.1101 to 722.1406. (2) A court of this state has temporary emergency jurisdictio…

Petition; verification; specification of risk factors; contents.

A petition under this act shall be verified and include a copy of any existing child-custody determination, if available. The petition shall specify the risk factors for abduction, including the relevant factors described in section 7. Subject to section 209(5) of the uniform child-custody jurisdiction and enforcement…

Credible risk of child abduction; evidence; hearing; finding that conduct intended to avoid domestic violence or harm.

(1) In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent has done any of the following or that any of the following apply to the petitioner or respondent: (a) Previously abducted or attempted to abduct the child. (b) Threatened…

Filing of petition; court order; review of evidence; finding of credible risk of child abduction; entering abduction prevention order; provisions; contents; conditions; preventing imminent abduction; remedies.

(1) If a petition is filed under this act, the court may enter an order. If entered, the order shall include all of the following: (a) The basis for the court's exercise of jurisdiction. (b) The manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding. (c) A deta…

(1) If a petition under this act alleges and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child. (2) The respondent to a petition under subsection (1) shall be afforded an opportunity t…

Abduction prevention order; duration.

An abduction prevention order remains in effect until the earliest of the following: (a) The time stated in the order. (b) The emancipation of the child. (c) The child's attaining 18 years of age. (d) The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under sections 201 to 203…

Application and construction of uniform act.

In applying and construing this uniform act, a court shall consider the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Electronic signature or delivery.

This act modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 USC 7001 to 7031, but does not modify, limit, or supersede 15 USC 7001(c) or authorize electronic delivery of any of the notices described in 15 USC 7003(b).