Michigan Laws 722.1528 – 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;
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Terms Used In Michigan Laws 722.1528
- Abduction: means the wrongful removal or wrongful retention of a child. See Michigan Laws 722.1522
- Child: means an unemancipated individual who is less than 18 years of age. See Michigan Laws 722.1522
- Child-custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See Michigan Laws 722.1522
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination. See Michigan Laws 722.1522
- Domestic violence: means that term as defined in section 1 of 1978 PA 389, MCL 400. See Michigan Laws 722.1522
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Home state: means that term as defined in section 102 of the uniform child-custody jurisdiction and enforcement act, 2001 PA 195, MCL 722. See Michigan Laws 722.1522
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Petition: includes a motion or its equivalent. See Michigan Laws 722.1522
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 722.1522
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 722.1522
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
- Visitation: includes parenting time as that term is used in the support and parenting time enforcement act, 1982 PA 295, MCL 552. See Michigan Laws 722.1522
(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 detailed description of each party’s custody and visitation rights and residential arrangements for the child.
(d) A provision stating that a violation of the order may subject the party in violation to civil and criminal penalties.
(e) Identification of the child’s home state or country of habitual residence at the time of the issuance of the order.
(2) If, at a hearing on a petition under this act or on the court’s own motion, 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 shall include the provisions required by subsection (1) and measures and conditions, including those in subsections (3) to (5), that are reasonably calculated to prevent abduction of the child, giving due consideration to the custody and visitation rights of the parties and the safety of the parties and the child. The court shall consider the age of the child, the potential harm to the child from an abduction, the legal and practical difficulties of returning the child to the jurisdiction if abducted, and the reasons for the potential abduction, including evidence of domestic violence, stalking, or child abuse or neglect.
(3) An abduction prevention order may include 1 or more of the following:
(a) An imposition of travel restrictions that require that a party traveling with the child outside a designated geographical area provide the other party with all of the following:
(i) The travel itinerary of the child.
(ii) A list of physical addresses and telephone numbers at which the child can be reached at specified times.
(iii) Copies of all travel documents.
(b) A prohibition of the respondent directly or indirectly doing any of the following:
(i) Removing the child from this state, the United States, or another geographic area without permission of the court or the petitioner’s written consent.
(ii) Removing or retaining the child in violation of a child-custody determination.
(iii) Removing the child from school or a child care or similar facility.
(iv) Approaching the child at any location other than a site designated for supervised visitation.
(c) A requirement that a party register the order in another state as a prerequisite to allowing the child to travel to that state.
(d) With regard to the child’s passport, any of the following:
(i) A direction that the petitioner place the child’s name in the United States department of state’s child passport issuance alert program.
(ii) A requirement that the respondent surrender to the court or the petitioner’s attorney any United States or foreign passport issued in the child’s name, including a passport issued in the name of both the parent and the child.
(iii) A requirement that the respondent surrender to the court or the petitioner’s attorney his or her enhanced driver license or enhanced official state personal identification card issued in the child’s name.
(iv) A prohibition on the respondent applying on behalf of the child for a new or replacement passport or visa.
(e) As a prerequisite to exercising custody or visitation, a requirement that the respondent provide 1 or more of the following:
(i) To the United States department of state office of children’s issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child.
(ii) To the court, 1 or both of the following:
(A) Proof that the respondent has provided the information in subparagraph (i).
(B) An acknowledgment in a record from the relevant foreign consulate or embassy that no passport application has been made, or passport issued, on behalf of the child.
(iii) To the petitioner, proof of registration with the United States embassy or other United States diplomatic presence in the destination country and with the central authority for the Hague convention on the civil aspects of international child abduction, if that convention is in effect between the United States and the destination country, unless 1 of the parties objects.
(iv) A written waiver under 5 USC 552a, popularly known as the privacy act, with respect to any document, application, or other information pertaining to the child authorizing its disclosure to the court and the petitioner.
(f) On the petitioner’s request, a requirement that the respondent obtain an order from the relevant foreign country containing terms identical to the child-custody determination issued in the United States.
(4) In an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that do 1 or more of the following:
(a) Limit visitation or require that visitation with the child by the respondent be supervised until the court finds that supervision is no longer necessary and order the respondent to pay the costs of supervision.
(b) Require the respondent to post a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to pay for the reasonable expenses of recovery of the child, including reasonable attorney fees and costs if there is an abduction.
(c) Require the respondent to obtain education on the potentially harmful effects to the child from abduction.
(5) To prevent imminent abduction of a child, a court may do 1 or more of the following:
(a) Issue a warrant to take physical custody of the child under section 9 or other law of this state.
(b) Direct the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child, or enforce a custody determination under this act or other law of this state.
(c) Grant any other relief allowed under the law of this state.
(6) The remedies provided in this act are cumulative and do not affect the availability of other remedies to prevent abduction.