Abduction Prevention Measures Jurisdiction and Legal Factors

Are you involved in a divorce or child custody case involving an emergency child abduction? An experienced divorce and child custody lawyer and team can guide you through the legal process to assist in exploring your options. You have one bite at the apple in the court system so make it count. A court may impose abduction prevention measures for children if it finds a credible risk of parental abduction. The court must consider factors such as previous abduction attempts, a parent’s ties to other countries, and whether the other country is a party to the Hague Convention on Child Abduction. The court can issue custody warrants or order other reasonable prevention measures. The Uniform Child Abduction Prevention Act (UCAPA) provides guidelines for abduction prevention measures and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs jurisdiction.

The jurisdictional provisions in UCAPA are consistent with those of the UCCJEA. C.R.S. §§ 14-13-201 - 204. For example, if Colorado does not have jurisdiction to make or modify a child custody order, it may not issue an abduction prevention order, except to enforce an order in Colorado issued by another state. However, if the Colorado court finds evidence of an imminent risk of mistreatment or abuse, the court could exercise temporary emergency jurisdiction over the child. C.R.S. § 14-13.5-105.3. The abduction prevention measures would then be in effect until the state with continuing jurisdiction addressed the issue.

In this situation, the court should communicate with the court in the state that has jurisdiction to determine which court will address the emergency. UCAPA references UCCJEA provisions regarding whether Colorado should exercise or decline jurisdiction in particular situations. C.R.S.§§ 14-13-207 and -208. Actions under UCAPA do not require the court to have personal jurisdiction over the responding party, though the responding party must be personally served with the motion. C.R.S. § 14-13-108.

UCAPA includes several factors for the court to consider in evaluating abduction risk. C.R.S. § 14-13.5-107. Some of the factors are:

1) The alleged abducting party has previously threatened or acted to abduct or harm the other party or the child, and/or has taken steps in preparation for abduction, C.R.S. §§ 14-13.5-107(1)(a) through (d); 2) The alleged abducting party is not a U.S. citizen and/or has limited ties to the community or is from another country that is not likely to cooperate with an order to return the child or allow the other parent access to the child, C.R.S. §§ 14-13.5-107(1)(f) through (k); and 3) The alleged abducting party has a history of non-compliance with court orders or fraudulent behavior, C.R.S. §§ 14-13.5-107(1)(e) and (l).

If a court finds a credible risk of abduction, the court shall enter an abduction prevention order, including measures reasonably calculated to prevent abduction, giving due consideration to an existing parent plan. The court shall consider the child’s age, potential harm to the child from an abduction, the difficulties of returning the child to the jurisdiction if abducted, and the reasons for the potential abduction, including any evidence of domestic violence or abuse. C.R.S. § 14-13.5-108(2). The order must include a finding of jurisdiction. Victims of domestic violence or of threatened abuse may have a defense to removal of a child. C.R.S. § 14-13.5-107(2). That parent must demonstrate that he or she believed in good faith that abduction was necessary to avoid harm to the parent or child from the other parent.

A knowledgeable and experienced divorce and family lawyer and legal team can guide you through Colorado Springs divorce and family law matters by negotiating, mediating and litigating on your behalf. You can focus on moving on to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation.