14-14.2-07. Provisions and measures to prevent abduction
1. If a petition is filed under this chapter, the court may enter an order that must include:
a. The basis for the court's exercise of jurisdiction;
b. The manner notice and the opportunity to be heard were given to the persons
entitled to notice of the proceeding;
c. A detailed description of each party's custody and visitation rights and residential
arrangements for the child;
d. A provision stating a violation of the order may subject the party in violation to civil
and criminal penalties; and
e. Identification of the child's country of habitual residence at the time of the
issuance of the order.
2. If, at a hearing on a petition under this chapter or on the court's own motion, the court
after reviewing the evidence finds a credible risk of abduction of the child, the court
shall enter an abduction prevention order. The order must include the provisions
required by subsection 1 and measures and conditions, including those in
subsections 3, 4, and 5, which are reasonably calculated to prevent abduction of the
child, giving due consideration to the custody and visitation rights of the parties. The
court shall consider the age of the child, the potential harm to the child from an
abduction, the legal and practical difficulties of returning the child to the jurisdiction if
abducted, and the reasons for the potential abduction, including evidence of domestic
violence, stalking, or child abuse or neglect.
3. An abduction prevention order may include:
a. An imposition of travel restrictions that require a party traveling with the child
outside a designated geographical area to provide the other party with:
(1) The travel itinerary of the child;
(2) A list of physical addresses and telephone numbers at which the child can
be reached at specified times; and
(3) Copies of all travel documents;
b. A prohibition on the respondent directly or indirectly:
(1) Removing the child from this state, the United States, or another geographic
area without permission of the court or the petitioner's written consent;
(2) Removing or retaining the child in violation of a child-custody determination;
(3) Removing the child from school or a child-care or similar facility; or
(4) Approaching the child at any location other than a site designated for
supervised visitation;
c. A requirement a party register the order in another state as a prerequisite to
allowing the child to travel to that state;
d. Regarding the child's passport:
(1) A requirement the petitioner place the child's name in the United States
department of state's child passport issuance alert program;
(2) A requirement the respondent surrender any United States or foreign
passport issued in the child's name, including a passport issued in the name
of both the parent and the child to the court or the petitioner's attorney; and
(3) A prohibition on the respondent applying for a new or replacement passport
or visa on behalf of the child;
e. As a prerequisite to exercising custody or visitation, a requirement the respondent
provide:
(1) To the United States department of state's office of children's issues and the
relevant foreign consulate or embassy, an authenticated copy of the order
detailing passport and travel restrictions for the child;
(2) To the court:
(a) Proof the respondent has provided the information in paragraph 1; and
(b) An acknowledgment in a record from the relevant foreign consulate or
embassy no passport application has been made, or passport issued,
on behalf of the child;
(3) To the petitioner, proof of registration with the United States embassy or
other United States diplomatic presence in the destination country and with
the central authority for the Hague convention on the civil aspects of
international child abduction, if the convention is in effect between the
United States and the destination country, unless one of the parties objects;
and
(4) A written waiver under the Privacy Act, as amended [5 U.S.C. Section 552a]
with respect to any document, application, or other information pertaining to
the child authorizing its disclosure to the court and the petitioner; and
f. Upon the petitioner's request, a requirement the respondent obtain an order from
the relevant foreign country containing terms identical to the child-custody
determination issued in the United States.
4. In an abduction prevention order, the court may impose conditions on the exercise of
custody or visitation which:
a. Limit visitation or require visitation with the child by the respondent be supervised
until the court finds supervision is no longer necessary and order the respondent
to pay the costs of supervision;
b. Require the respondent to post a bond or provide other security in an amount
sufficient to serve as a financial deterrent to abduction, the proceeds of which
may be used to pay for the reasonable expenses of recovery of the child,
including reasonable attorneys fees and costs if there is an abduction; and
c. Require the respondent to obtain education on the potentially harmful effects to
the child from abduction.
5. To prevent imminent abduction of a child, a court may:
a. Issue a warrant to take physical custody of the child under any provision of law,
including section 14-14.2-08;
b. Direct law enforcement to act as reasonably necessary to locate the child, obtain
return of the child, or enforce a custody determination under any provision of law,
including this chapter; or
c. Grant any other relief allowed under law.
6. The remedies provided in this chapter are cumulative and do not affect the availability
of other remedies to prevent abduction.
