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New Michigan Law Seeks To Prevent Child Abduction

The “Uniform Child Abduction Prevention Act” is one of several new acts signed into law by Gov. Rick Snyder on January 12, 2015. As the name implies, the purpose of the act is to prevent the abduction of children, more specifically, of those children involved in child custody proceedings where there is a credible risk of abduction. The act works in conjunction with the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), which gives courts of a child’s home state continuing jurisdiction to enforce custody orders across state lines. The new act allows a parent to file a petition for abduction prevention measures and empowers Michigan courts to establish standards to determine whether a child is significantly at risk of abduction; impose measures to prevent the abduction; and provide various remedies. You can view Public Act 460 of 2014 here.

According to an article published on the Federal Bureau of Investigation’s website, the FBI receives approximately 1,200 new cases every year where one parent has taken a child outside the country. The FBI’s jurisdiction outside of the U.S. is limited, making retrieval of the abducted children difficult at best and almost impossible in countries that are not subject to the treaties of the Hague Convention. This law will hopefully provide preventative relief for Michigan parents susceptible to such circumstances.

The following is a non-exhaustive list of the enumerated indicators of risk for child abduction:

• Previous abductions or attempted abductions of the child.
• Threats to abduct the child.
• Recent activity that may indicate a planned abduction (except where such occurs for safety of avoidance of domestic violence):
  • Abandoning employment
  • Selling a primary residence
  • Terminating a lease
  • Closing bank accounts, liquidating assets or conducting other unusual financial activities
  • Applying for a passport, visa or other travel documents for the child
  • Seeking to obtain the child’s birth certificate or school or medical records
• Lack of strong familial, financial or emotional ties to the Unites States.
• Strong familial, financial or emotional ties to country that is not a party to the Hague convention or is non-compliant or lacks legal mechanism for immediate return of the child.
• Has engaged in any other conduct the court considers relevant to the risk of abduction.

If the court finds a credible risk of abduction, the court may enter an order including measures and conditions reasonably calculated to prevent the abduction of the child, including but not limited to:

• Imposition of travel restrictions requiring a party to provide the court and the other party with:
  • Travel itinerary of the child
  • List of physical addresses and telephone numbers where the child can be reached at specified times
  • Copies of all travel documents
• Require the respondent to post a bond

Abduction prevention orders remain in effect until the time stated in the order, the child is 18, or the order is modified, vacated or superseded by further court order.

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