Uniform Child Abduction Prevention Act; established. (HB1641)

Introduced By

Del. John O'Bannon (R-Richmond)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Uniform Child Abduction Prevention Act.  Establishes in the Code of Virginia the Uniform Child Abduction Prevention Act that was adopted by the National Conference of Commissioners on Uniform State Laws in 2006. The Act authorizes (i) a court on its own motion to 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 and (ii) a party to a child-custody determination or another individual or entity having a right under the law of the Commonwealth or any other state to seek a child-custody determination for the child to file a petition seeking abduction prevention measures to protect the child. The petition must specify the risk factors for abduction, including certain statutorily prescribed factors. The court may issue an ex parte warrant to take physical custody of the child if a petition contains allegations, and the court finds that there is a credible risk, that the child is imminently likely to be wrongfully removed. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/10/2011Committee
01/10/2011Prefiled and ordered printed; offered 01/12/11 11101039D
01/10/2011Referred to Committee for Courts of Justice
01/14/2011Assigned Courts sub: #2 Civil
01/19/2011Subcommittee recommends passing by with letter
02/08/2011Left in Courts of Justice

Comments

Nicholas James writes:

This proposed law is unconstitutional.

Please see the New Jersey Law Commissions review of this same law from 2007.

A parent who picks up their child's medical records, birth certificate, or school records is typically not a threat to abduct their child.

This is a parental duty that all good parents do.

Please do not pass this legislation !!!

Lisa writes:

There is nothing unconstitutional about this bill, nor is there any proof thereof. Please read the entire bill rather than taking the selective and emotional path. And then meet someone who has lived this nightmare. Nothing to worry about if you're a good parent, everything to worry about if you're not, or an illegal.
Excellent bill. PASSED!!
Soon to pass in every state!!