The proposed bill seeks to establish the Uniform Child Abduction Prevention Act in West Virginia, creating a structured approach to mitigate the risk of child abduction. It defines key terms such as "abduction," "child," and "court," and sets forth jurisdictional requirements for filing child custody petitions. The bill emphasizes the need for cooperation among courts, identifies eligible parties for seeking relief, and outlines the necessary contents of a petition. It also specifies factors for courts to consider when evaluating abduction risks and details preventive measures, including the issuance of abduction prevention orders that may impose travel restrictions and require the surrender of passports.

Additionally, the legislation allows courts to issue ex parte warrants for the physical custody of children when there is a credible risk of imminent abduction, detailing the conditions for such warrants and the necessity of a prompt hearing post-execution. The bill mandates that warrants include specific information supporting the credible risk and directs law enforcement on enforcement procedures. It also establishes the duration of abduction prevention orders and includes protections against the misuse of ex parte warrants, allowing for the recovery of attorney fees in cases of bad faith. Overall, the bill aims to enhance child protection and ensure consistent legal standards across jurisdictions.

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