Case Update: In re Marriage of Badawiyeh

Are you involved in a divorce or child custody case involving child abudction? 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.

This case relates to the Uniform Child Abduction Prevention Act (“UCAPA”). Under

The UCAPA, a Colorado district court can impose abduction prevent measures when it finds a “credible risk of abduction of a child by a parent.” C.R.S. § 14–13.5–104(1). The trial court must evaluate several factors in making this determination. C.R.S. §14–13.5–107(1)(a)–(m).

In this case, the parents were married for 22 years and had four minor children. Father and the children had United States and Jordanian passports. The United Arab Emirates (UAE) is not a signatory to the Convention on the Civil Aspects of International Child Abduction. During the marriage, the family often travelled to the UAE. Mother and a parenting evaluator expressed concerns about whether Father would return the children if travelling overseas at the final orders hearing. In re Marriage of Badawiyeh, 528 P.3d 194, (Colo. App. 2023).

The trial court entered permanent orders permitting Father to travel to the UAE with two

Requirements for Father:

• to (1) surrender the children’s United States and Jordanian passports to a neutral

third party who could release them for travel; and to

• (2) to post a $50,000 bond naming Mother as beneficiary before an overseas trip. Badawiyeh, at 195.

Father filed a post-trial motion requesting that the requirements to be lifted and the Court

denied the request. The trial court denied the motion, however did not make a finding of a “credible risk of abduction”. Father appealed. The appellate court did not see a basis for the abduction prevent measures, noting that the trial court order “was premised solely on the fact that [Father] planned to visit the UAE with the children” and that the UAE is not a signatory to the Hague Convention. Id. The Court found the findings to be insufficient” for this reason. Id. The Court found that travel with a child to a non-Hague-signatory country does not equate to a credible risk of abduction.” The appellate court reversed and remanded for further findings. Id.

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.