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IL HB5928
Bill
Status
2/10/2010
Primary Sponsor
Emily McAsey
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AI Summary
HB5928 - Uniform Child Abduction Prevention Act
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Creates the Uniform Child Abduction Prevention Act to establish procedures for courts to order abduction prevention measures when there is credible risk of child abduction in custody proceedings.
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Allows courts on their own motion, parties to custody cases, and State's Attorneys to file petitions for abduction prevention measures, which can include travel restrictions, passport surrender requirements, supervised visitation, and bonds.
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Establishes 13 factors courts must consider when determining credible risk of abduction, including prior abduction attempts, threats, sudden employment loss, financial liquidation, domestic violence history, and ties to countries that are non-compliant with the Hague Convention.
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Authorizes courts to issue ex parte warrants for law enforcement to take physical custody of a child if imminent wrongful removal is credible, with respondent entitled to a hearing by the next judicial day.
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Requires abduction prevention orders to specify custody rights, residential arrangements, jurisdiction basis, and consequences for violations, with orders remaining in effect until child reaches age 18, is emancipated, or order is modified by court with jurisdiction.
Legislative Description
UNIFORM CHILD ABDUCTION ACT
Last Action
Rule 19(a) / Re-referred to Rules Committee
3/15/2010