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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 79 By: Weaver
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6 AS INTRODUCED
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7 An Act relating to child abduction prevention;
7 creating the Uniform Child Abduction Prevention Act;
8 providing short title; defining terms; providing for
8 cooperation and communication among courts;
9 authorizing order or petition for abduction
9 prevention measures; authorizing certain warrant;
10 clarifying jurisdiction over certain matters;
10 establishing requirements for certain petition;
11 specifying required contents of certain petition;
11 establishing factors to determine risk of child
12 abduction; authorizing court to consider certain
12 evidence; requiring abduction prevention order to
13 contain certain information; authorizing certain
13 provisions to prevent abduction of child; authorizing
14 order to impose certain conditions on custody or
14 visitation; authorizing certain actions to prevent
15 imminent abduction of child; providing for cumulative
15 remedies; authorizing ex parte warrant for certain
16 purposes; requiring hearing within specified time
16 period; specifying required contents of certain
17 warrant; authorizing order for certain search;
17 requiring service at certain time; clarifying
18 enforceability of certain warrants; allowing court to
18 authorize law enforcement to take certain actions;
19 authorizing award of costs and fees under certain
19 circumstances; specifying duration of certain order;
20 providing for uniformity of application and
20 construction; clarifying application to certain
21 federal acts; providing for codification; and
21 providing an effective date.
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2 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3 SECTION 1. NEW LAW A new section of law to be codified
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4 in the Oklahoma Statutes as Section 561-1 of Title 43, unless there
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5 is created a duplication in numbering, reads as follows:
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6 This act shall be known and may be cited as the "Uniform Child
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7 Abduction Prevention Act".
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8 SECTION 2. NEW LAW A new section of law to be codified
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9 in the Oklahoma Statutes as Section 561-2 of Title 43, unless there
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10 is created a duplication in numbering, reads as follows:
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11 As used in this act:
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12 1. "Abduction" means the wrongful removal or wrongful retention
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13 of a child;
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14 2. "Child" means an unemancipated individual who is less than
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15 eighteen (18) years of age;
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16 3. "Child custody determination" means a judgment, decree, or
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17 other court order providing for the legal custody, physical custody,
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18 or visitation with respect to a child. The term includes a
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19 permanent, temporary, initial, and modification order;
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20 4. "Child custody proceeding" means a proceeding in which legal
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21 custody, physical custody, or visitation with respect to a child is
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22 at issue. The term includes a proceeding for divorce, dissolution
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23 of marriage, separation, neglect, abuse, dependency, guardianship,
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1 paternity, termination of parental rights, or protection from
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2 domestic violence;
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3 5. "Court" means an entity authorized under the law of a state
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4 to establish, enforce, or modify a child custody determination;
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5 6. "Petition" includes a motion or its equivalent;
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6 7. "Record" means information that is inscribed on a tangible
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7 medium or that is stored in an electronic or other medium and is
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8 retrievable in perceivable form;
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9 8. "State" means a state of the United States, the District of
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10 Columbia, Puerto Rico, the United States Virgin Islands, or any
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11 territory or insular possession subject to the jurisdiction of the
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12 United States. The term includes a federally recognized Indian
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13 tribe or nation;
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14 9. "Travel document" means records relating to a travel
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15 itinerary, including travel tickets, passes, reservations for
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16 transportation, or accommodations. The term does not include a
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17 passport or visa;
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18 10. "Wrongful removal" means the taking of a child that
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19 breaches rights of custody or visitation given or recognized under
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20 the laws of this state; and
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21 11. "Wrongful retention" means the keeping or concealing of a
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22 child that breaches rights of custody or visitation given or
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23 recognized under the laws of this state.
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1 SECTION 3. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 561-3 of Title 43, unless there
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3 is created a duplication in numbering, reads as follows:
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4 The provisions of the Uniform Child Custody Jurisdiction and
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5 Enforcement Act as provided in Sections 551-110, 551-111, and 551-
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6 112 of Title 43 of the Oklahoma Statutes shall apply to cooperation
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7 and communications among courts in proceedings under this act.
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8 SECTION 4. NEW LAW A new section of law to be codified
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9 in the Oklahoma Statutes as Section 561-4 of Title 43, unless there
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10 is created a duplication in numbering, reads as follows:
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11 A. A court on its own motion may order abduction prevention
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12 measures in a child custody proceeding if the court finds that the
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13 evidence establishes a credible risk of abduction of the child.
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14 B. A party to a child custody determination or another
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15 individual or entity having a right under the laws of this state or
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16 any other state to seek a child custody determination for the child
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17 may file a petition seeking abduction prevention measures to protect
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18 the child under this act.
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19 C. As authorized by Section 551-315 of Title 43 of the Oklahoma
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20 Statutes, a district attorney may seek a warrant to take physical
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21 custody of a child pursuant to Section 9 of this act, or to take
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22 other appropriate prevention measures.
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1 SECTION 5. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 561-5 of Title 43, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. A petition under this act may be filed only in a court that
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5 has jurisdiction to make a child custody determination with respect
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6 to the child at issue under Article 2 of the Uniform Child Custody
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7 Jurisdiction and Enforcement Act, Section 551-201 et seq. of Title
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8 43 of the Oklahoma Statutes.
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9 B. A court of this state has temporary emergency jurisdiction
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10 under Section 551-204 of Title 43 of the Oklahoma Statutes if the
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11 court finds a credible risk of abduction.
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12 SECTION 6. NEW LAW A new section of law to be codified
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13 in the Oklahoma Statutes as Section 561-6 of Title 43, unless there
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14 is created a duplication in numbering, reads as follows:
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15 A petition under this act shall be verified and include a copy
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16 of any existing child custody determination, if available. The
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17 petition shall specify the risk factors for abduction, including the
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18 relevant factors described in Section 7 of this act. Subject to the
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19 subsection E of Section 551-209 of Title 43 of the Oklahoma
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20 Statutes, if reasonably ascertainable, the petition shall contain:
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21 1. The name, date of birth, and gender of the child;
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22 2. The customary address and current physical location of the
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23 child;
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1 3. The identity, customary address, and current physical
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2 location of the respondent;
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3 4. A statement of whether a prior action to prevent abduction
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4 or domestic violence has been filed by a party or other individual
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5 or entity having custody of the child, and the date, location, and
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6 disposition of the action;
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7 5. A statement of whether a party to the proceeding has been
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8 arrested for a crime related to domestic violence, stalking, or
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9 child abuse or neglect, and the date, location, and disposition of
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10 the case; and
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11 6. Any other information required to be submitted to the court
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12 for a child custody determination pursuant to Section 551-209 of
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13 Title 43 of the Oklahoma Statutes.
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14 SECTION 7. NEW LAW A new section of law to be codified
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15 in the Oklahoma Statutes as Section 561-7 of Title 43, unless there
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16 is created a duplication in numbering, reads as follows:
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17 A. In determining whether there is a credible risk of abduction
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18 of a child, the court shall consider any evidence that the
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19 petitioner or respondent:
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20 1. Has previously abducted or attempted to abduct the child;
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21 2. Has threatened to abduct the child;
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22 3. Has recently engaged in activities that may indicate a
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23 planned abduction including, but not limited to:
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24 a. abandoning employment,
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1 b. selling a primary residence,
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2 c. terminating a lease,
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3 d. closing bank or other financial management accounts,
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4 liquidating assets, hiding or destroying financial
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5 documents, or conducting any unusual financial
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6 activities,
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7 e. applying for a passport or visa or obtaining travel
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8 documents for the respondent, a family member, or the
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9 child, or
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10 f. seeking to obtain the child's birth certificate or
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11 school or medical records;
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12 4. Has engaged in domestic violence, stalking, or child abuse
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13 or neglect;
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14 5. Has refused to follow a child custody determination;
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15 6. Lacks strong familial, financial, emotional, or cultural
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16 ties to the state or the United States;
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17 7. Has strong familial, financial, emotional, or cultural ties
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18 to another state or country;
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19 8. Is likely to take the child to a country that:
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20 a. is not a party to the Hague Convention on the Civil
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21 Aspects of International Child Abduction and does not
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22 provide for the extradition of an abducting parent or
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23 for the return of an abducted child,
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1 b. is a party to the Hague Convention on the Civil
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2 Aspects of International Child Abduction but:
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3 (1) the Hague Convention on the Civil Aspects of
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4 International Child Abduction is not in force
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5 between the United States and that country,
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6 (2) is noncompliant according to the most recent
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7 compliance report issued by the United States
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8 Department of State, or
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9 (3) lacks legal mechanisms for immediately and
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10 effectively enforcing a return order under the
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11 Hague Convention on the Civil Aspects of
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12 International Child Abduction,
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13 c. poses a risk that the child's physical or emotional
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14 health or safety would be endangered in the country
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15 because of specific circumstances relating to the
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16 child or because of human rights violations committed
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17 against children,
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18 d. has laws or practices that would:
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19 (1) enable the respondent, without due cause, to
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20 prevent the petitioner from contacting the child,
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21 (2) restrict the petitioner from freely traveling to
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22 or exiting from the country because of the
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23 petitioner's gender, nationality, marital status,
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24 or religion, or
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1 (3) restrict the child's ability to legally leave the
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2 country after the child reaches the age of
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3 majority because of a child's gender,
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4 nationality, or religion,
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5 e. is included by the United States Department of State
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6 on a current list of state sponsors of terrorism,
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7 f. does not have an official United States diplomatic
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8 presence in the country, or
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9 g. is engaged in active military action or war, including
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10 a civil war, to which the child may be exposed;
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11 9. Is undergoing a change in immigration or citizenship status
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12 that would adversely affect the respondent's ability to remain in
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13 the United States legally;
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14 10. Has had an application for United States citizenship
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15 denied;
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16 11. Has forged or presented misleading or false evidence on
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17 government forms or supporting documents to obtain or attempt to
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18 obtain a passport, a visa, travel documents, a Social Security card,
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19 a driver license, or other government-issued identification card or
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20 has made a misrepresentation to the United States government;
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21 12. Has used multiple names to attempt to mislead or defraud;
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22 or
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23 13. Has engaged in any other conduct the court considers
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24 relevant to the risk of abduction.
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1 B. In the hearing on a petition under this act, the court shall
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2 consider any evidence that the respondent believed in good faith
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3 that the respondent's conduct was necessary to avoid imminent harm
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4 to the child or respondent and any other evidence that may be
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5 relevant to whether the respondent may be permitted to remove or
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6 retain the child.
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7 SECTION 8. NEW LAW A new section of law to be codified
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8 in the Oklahoma Statutes as Section 561-8 of Title 43, unless there
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9 is created a duplication in numbering, reads as follows:
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10 A. If a petition is filed under this act, the court may enter
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11 an order that shall include:
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12 1. The basis for the court's exercise of jurisdiction;
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13 2. The manner in which notice and opportunity to be heard were
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14 given to the persons entitled to notice of the proceeding;
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15 3. A detailed description of each party's custody and
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16 visitation rights and residential arrangements for the child;
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17 4. A provision stating that a violation of the order may
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18 subject the party in violation to civil and criminal penalties; and
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19 5. Identification of the child's country of habitual residence
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20 at the time of the issuance of the order.
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21 B. If, at a hearing on a petition under this act or on the
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22 court's own motion, the court after reviewing the evidence finds a
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23 credible risk of abduction of the child, the court shall enter an
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24 abduction prevention order. The order shall include the provisions
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1 required by subsection A of this section and measures and
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2 conditions, including provisions in subsections C, D, and E of this
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3 section, that are reasonably calculated to prevent abduction of the
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4 child, giving due consideration to the custody and visitation rights
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5 of the parties. The court shall consider the age of the child, the
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6 potential harm to the child from an abduction, the legal and
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7 practical difficulties of returning the child to the jurisdiction if
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8 abducted, and the reasons for the potential abduction, including
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9 evidence of domestic violence, stalking, or child abuse or neglect.
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10 C. An abduction prevention order may include one or more of the
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11 following:
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12 1. An imposition of travel restrictions that require that a
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13 party traveling with the child outside a designated geographical
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14 area provide the other party with the following:
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15 a. the travel itinerary of the child,
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16 b. a list of physical addresses and telephone numbers at
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17 which the child can be reached at specified times, and
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18 c. copies of all travel documents;
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19 2. A prohibition of the respondent directly or indirectly:
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20 a. removing the child from this state, the United States,
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21 or another geographic area without permission of the
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22 court or the petitioner's written consent,
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23 b. removing or retaining the child in violation of a
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24 child custody determination,
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1 c. removing the child from school or a child care or
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2 similar facility, or
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3 d. approaching the child at any location other than a
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4 site designated for supervised visitation;
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5 3. A requirement that a party register the order in another
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6 state as a prerequisite to allowing the child to travel to that
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7 state;
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8 4. With regard to the child's passport:
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9 a. a direction that the petitioner place the child's name
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10 in the United States Department of State's Child
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11 Passport Issuance Alert Program,
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12 b. a requirement that the respondent surrender to the
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13 court or the petitioner's attorney any United States
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14 or foreign passport issued in the child's name,
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15 including a passport issued in the name of both the
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16 parent and the child, and
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17 c. a prohibition upon the respondent from applying on
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18 behalf of the child for a new or replacement passport
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19 or visa;
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20 5. As a prerequisite to exercising custody or visitation, a
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21 requirement that the respondent provide:
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22 a. to the United States Department of State Office of
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23 Children's Issues and the relevant foreign consulate
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24 or embassy, an authenticated copy of the order
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1 detailing passport and travel restrictions for the
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2 child,
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3 b. to the court:
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4 (1) proof that the respondent has provided the
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5 information in subparagraph a of this paragraph,
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6 and
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7 (2) an acknowledgment in a record from the relevant
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8 foreign consulate or embassy that no passport
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9 application has been made, or passport issued, on
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10 behalf of the child,
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11 c. to the petitioner, proof of registration with the
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12 United States Embassy or other United States
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13 diplomatic presence in the destination country and
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14 with the Central Authority for the Hague Convention on
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15 the Civil Aspects of International Child Abduction, if
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16 that Convention is in effect between the United States
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17 and the destination country, unless one of the parties
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18 objects, and
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19 d. a written waiver under the Privacy Act of 1974, 5
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20 U.S.C., Section 552a, as amended, with respect to any
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21 document, application, or other information pertaining
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22 to the child authorizing its disclosure to the court
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23 and the petitioner; and
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1 6. Upon the petitioner's request, a requirement that the
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2 respondent obtain an order from the relevant foreign country
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3 containing terms identical to the child custody determination issued
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4 in the United States.
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5 D. In an abduction prevention order, the court may impose
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6 conditions on the exercise of custody or visitation that:
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7 1. Limit visitation or require that visitation with the child
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8 by the respondent be supervised until the court finds that
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9 supervision is no longer necessary and order the respondent to pay
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10 the costs of supervision;
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11 2. Require the respondent to post a bond or provide other
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12 security in an amount sufficient to serve as a financial deterrent
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13 to abduction, the proceeds of which may be used to pay for the
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14 reasonable expenses of recovery of the child, including reasonable
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15 attorney fees and costs if there is an abduction; and
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16 3. Require the respondent to obtain education on the
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17 potentially harmful effects to the child from abduction.
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18 E. To prevent imminent abduction of a child, a court may:
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19 1. Issue a warrant to take physical custody of the child under
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20 Section 9 or the laws of this state other than this act;
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21 2. Direct the use of law enforcement to take any action
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22 reasonably necessary to locate the child, obtain return of the
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23 child, or enforce a custody determination under this act or the laws
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24 of this state other than this act; or
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1 3. Grant any other relief allowed under the laws of this state
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2 other than this act.
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3 F. The remedies provided in this act are cumulative and do not
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4 affect the availability of other remedies to prevent abduction.
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5 SECTION 9. NEW LAW A new section of law to be codified
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6 in the Oklahoma Statutes as Section 561-9 of Title 43, unless there
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7 is created a duplication in numbering, reads as follows:
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8 A. If a petition under this act contains allegations, and the
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9 court finds that there is a credible risk that the child is
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10 imminently likely to be wrongfully removed, the court may issue an
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11 ex parte warrant to take physical custody of the child.
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12 B. The respondent on a petition under subsection A of this
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13 section shall be afforded an opportunity to be heard at the earliest
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14 possible time after the ex parte warrant is executed, but not later
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15 than the next judicial day unless a hearing on that date is
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16 impossible. In such event, the court shall hold the hearing on the
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17 first judicial day possible.
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18 C. An ex parte warrant under subsection A of this section to
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19 take physical custody of a child shall:
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20 1. Recite the facts upon which a determination of a credible
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21 risk of imminent wrongful removal of the child is based;
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22 2. Direct law enforcement officers to take physical custody of
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23 the child immediately;
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24 3. State the date and time for the hearing on the petition; and
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1 4. Provide for the safe interim placement of the child pending
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2 further order of the court.
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3 D. If feasible, before issuing a warrant and before determining
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4 the placement of the child after the warrant is executed, the court
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5 may order a search of the relevant databases of the National Crime
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6 Information Center system and similar state databases to determine
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7 if either the petitioner or respondent has a history of domestic
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8 violence, stalking, or child abuse or neglect.
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9 E. The petition and warrant shall be served on the respondent
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10 when or immediately after the child is taken into physical custody.
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11 F. A warrant to take physical custody of a child, issued by
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12 this state or another state, is enforceable throughout this state.
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13 If the court finds that a less intrusive remedy will not be
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14 effective, it may authorize law enforcement officers to enter
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15 private property to take physical custody of the child. If required
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16 by exigent circumstances, the court may authorize law enforcement
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17 officers to make a forcible entry at any hour.
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18 G. If the court finds, after a hearing, that a petitioner
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19 sought an ex parte warrant under subsection A of this section for
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20 the purpose of harassment or in bad faith, the court may award the
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21 respondent reasonable attorney fees, costs, and expenses.
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22 H. This act does not affect the availability of relief allowed
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23 under the laws of this state other than this act.
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1 SECTION 10. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 561-10 of Title 43, unless there
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3 is created a duplication in numbering, reads as follows:
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4 An abduction prevention order remains in effect until the
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5 earliest of the:
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6 1. Time stated in the order;
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7 2. Emancipation of the child;
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8 3. Child's attaining eighteen (18) years of age; or
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9 4. Time the order is modified, revoked, vacated, or superseded
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10 by a court with jurisdiction under Sections 551-201 through 551-203
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11 of Title 43 of the Oklahoma Statutes or other applicable laws of
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12 this state.
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13 SECTION 11. NEW LAW A new section of law to be codified
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14 in the Oklahoma Statutes as Section 561-11 of Title 43, unless there
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15 is created a duplication in numbering, reads as follows:
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16 In applying and construing this uniform act, consideration shall
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17 be given to the need to promote uniformity of the law with respect
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18 to its subject matter among states that enact it.
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19 SECTION 12. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 561-12 of Title 43, unless there
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21 is created a duplication in numbering, reads as follows:
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22 This act modifies, limits, and supersedes the federal Electronic
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23 Signatures in Global and National Commerce Act, 15 U.S.C., Section
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24 7001 et seq., but does not modify, limit, or supersede 15 U.S.C.,
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Req. No. 733 Page 17
1 Section 7001(c), or authorize electronic delivery of any of the
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2 notices described in 15 U.S.C., Section 7003(b).
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3 SECTION 13. This act shall become effective November 1, 2025.
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Req. No. 733 Page 18Every fact on this page links to its source, starting with the official bill record.