As used in the Uniform Child Abduction Prevention Act:

Terms Used In New Mexico Statutes 40-10C-2

  • 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.

A. “abduction” means the wrongful removal or wrongful retention of a child;

B. “child” means an unemancipated individual who is less than eighteen 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 visitation with respect to a child. “Child-custody determination” includes a permanent, temporary, initial or modification order;

D. “child-custody proceeding” means a proceeding in which legal custody, physical custody or visitation with respect to a child is at issue. “Child-custody proceeding” includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights or protection from domestic violence;

E. “court” means an entity authorized pursuant to the law of a state to establish, enforce or modify a child-custody determination;

F. “petition” includes a motion or its equivalent;

G. “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;

H. “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. “State” includes a federally recognized Indian nation, tribe or pueblo;

I. “travel document” means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation or accommodations. “Travel document” does not include a passport or visa;

J. “wrongful removal” means the taking of a child, which taking breaches rights of custody or visitation given or recognized pursuant to the law of this state; and

K. “wrongful retention” means the keeping or concealing of a child, which keeping or concealing breaches rights of custody or visitation given or recognized pursuant to the law of this state.