The proposed bill seeks to implement the Uniform Child Abduction Prevention Act in West Virginia by adding a new article to the state's code. It establishes a comprehensive framework for preventing child abduction, detailing definitions, jurisdictional requirements, and the necessary contents of petitions for abduction prevention measures. The legislation emphasizes the need for communication and cooperation among courts and identifies eligible parties for seeking relief. Key provisions include the ability for courts to issue abduction prevention orders that may impose travel restrictions, require the surrender of passports, and mandate supervision of visitation. Additionally, the bill allows for the issuance of warrants to take physical custody of a child when there is a credible risk of imminent abduction.

The bill also introduces procedures for courts to issue ex parte warrants for the physical custody of a child, ensuring that the respondent has an opportunity to be heard promptly after the warrant is executed. The warrant must contain specific details, including the facts supporting the credible risk and directives for law enforcement. Abduction prevention orders will remain effective until certain conditions are met, such as the child's emancipation or reaching the age of 18. The legislation aims to ensure uniform application across states that adopt this act and includes provisions for awarding attorney's fees to respondents if a petitioner is found to have acted in bad faith. Overall, the bill enhances child protection measures and establishes consistent legal standards for addressing child abduction risks.

Statutes affected:
Introduced Version: 48-32-101, 48-32-102, 48-32-103, 48-32-104, 48-32-105, 48-32-106, 48-32-107, 48-32-108, 48-32-109, 48-32-110, 48-32-111