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Committee advances model child abduction-prevention law for family courts
Summary
Senate Bill 79, a Uniform Law Commission–based child abduction prevention act that would allow courts in custody proceedings to order preemptive protective measures, advanced from committee 8-0.
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The Judiciary Committee advanced Senate Bill 79 on an 8-0 vote. Senator Weaver introduced the measure, which the author said was drafted by the Uniform Law Commission and would authorize courts in child custody proceedings to order abduction-prevention measures when the evidence shows a credible risk of abduction.
The bill allows a petition to describe specific risk factors and permits the court to impose restrictions or—in certain circumstances where a credible imminent risk is demonstrated—temporarily remove custody to prevent a wrongful removal. Weaver said the statute sets procedures for petitions and identifies the types of restrictions a court may impose to mitigate the risk of abduction.
Committee members asked about bad-faith filings and sanctions; Weaver said he would consider adding sanctions or civil remedies if suggested by judges and local stakeholders. Members also asked which states already enacted similar uniform law language; the author said he would check and report back, and several senators noted cross-jurisdictional value for cases that cross state lines.
The committee voted 8 ayes, 0 nays and declared the bill to have advanced.
Why it matters: The bill creates a civil process to let courts address credible threats of child abduction within custody disputes, including measures to prevent interstate wrongful removal. Supporters said uniformity across states would help law enforcement in multi-jurisdictional cases.
What’s next: The bill will proceed to the Senate floor. The author said he would consider clarifying language about sanctions for bad-faith petitions and collecting information on how many states have enacted comparable statutes.
