(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.

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Terms Used In Utah Code 78B-16-104

  • 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.
  • 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
(2)  A party to a child custody determination or another individual or entity having a right under the law of this state or any other state to seek a child custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this chapter.

(3)  A prosecutor or public authority designated under Section 78B-13-315 may seek a warrant to take physical custody of a child under Section 78B-16-109 or other appropriate prevention measures.

Renumbered and Amended by Chapter 3, 2008 General Session