The proposed bill seeks to establish the Uniform Child Abduction Prevention Act in West Virginia by introducing a new article to the state's code. This legislation outlines essential provisions for preventing child abduction, including definitions of key terms, jurisdictional requirements, and the necessary contents of petitions for abduction prevention measures. It emphasizes the need for communication and cooperation among courts in child custody matters and identifies the parties eligible to seek relief. The bill details the factors courts must consider when assessing the risk of abduction and the measures that can be implemented to prevent such incidents, including travel restrictions, passport surrender, and supervised visitation.

Key features of the bill include the ability for courts to issue ex parte warrants for the immediate physical custody of a child if there is a credible risk of wrongful removal. It outlines the components of such warrants, including immediate custody by law enforcement, scheduling a hearing, and ensuring the child's safe interim placement. The bill also provides for the awarding of reasonable attorney's fees and costs to respondents if a court finds that a petitioner sought an ex parte warrant in bad faith. Additionally, it clarifies that abduction prevention orders remain effective until specific conditions are met, such as the child's emancipation or reaching the age of 18, and emphasizes the importance of uniform application across states adopting this act.

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