In this chapter:

(1)  “Abduction” means the wrongful removal or wrongful retention of a child.

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Terms Used In Utah Code 78B-16-102

  • 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.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2)  “Child” means an unemancipated individual who is less than 18 years of age.

(3)  “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. The term includes a permanent, temporary, initial, and modification order.

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

(5)  “Court” means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination.

(6)  “Petition” includes a motion or its equivalent.

(7)  “Record” means information inscribed on a tangible medium or stored in an electronic or other medium and is retrievable in perceivable form.

(8)  “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. The term includes a federally recognized Indian tribe or nation.

(9)  “Travel document” means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. The term does not include a passport or visa.

(10)  “Wrongful removal” means the taking of a child that breaches rights of custody, visitation, or parent-time given or recognized under the law of this state.

(11)  “Wrongful retention” means the keeping or concealing of a child that breaches rights of custody, visitation, or parent-time given or recognized under the law of this state.

Renumbered and Amended by Chapter 3, 2008 General Session