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 defines key terms related to child abduction and establishes jurisdictional requirements for filing petitions, as well as the necessary contents and factors for courts to consider when assessing the risk of abduction. The legislation promotes communication and cooperation among courts in custody matters and provides guidelines for issuing abduction prevention orders. It also outlines measures that courts can take to prevent abductions, such as imposing travel restrictions, requiring the surrender of passports, and setting conditions for custody or visitation.

Additionally, the bill allows courts to issue ex parte warrants for the physical custody of children when there is a credible risk of imminent abduction, ensuring that a hearing for the respondent occurs promptly after the warrant is executed. It mandates that warrants detail the facts supporting the credible risk and directs law enforcement to take immediate custody of the child. The duration of abduction prevention orders is specified, remaining effective until certain conditions are met, and the bill includes provisions to protect respondents from harassment through the misuse of warrants. Overall, the legislation aims to create a uniform approach to child abduction prevention while safeguarding the rights and safety of children and ensuring due process for all parties involved.

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