The proposed bill seeks to implement the Uniform Child Abduction Prevention Act in West Virginia by introducing a new article to the state's code. This legislation establishes a framework for preventing child abduction, detailing definitions, jurisdictional requirements, and the necessary contents of petitions for abduction prevention measures. It highlights the need for communication and cooperation among courts in child custody cases and specifies the parties eligible to seek relief. Key provisions include the ability for courts to issue abduction prevention orders based on credible evidence of risk, as well as measures such as travel restrictions and the surrender of passports to safeguard children.

Additionally, the bill allows courts to issue ex parte warrants for the physical custody of children when there is a credible risk of imminent wrongful removal, outlining the conditions for such warrants and the requirement for a prompt hearing post-execution. It also includes provisions for awarding attorneys' fees to respondents if a petitioner is found to have acted in bad faith. The abduction prevention orders established by the bill remain effective until specific conditions, such as the child's emancipation or reaching the age of 18, are met. Overall, the legislation aims to create a consistent legal standard for child abduction prevention across states that adopt it.

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