Bill > SB2

This bill establishes the Uniform Child Abduction Prevention Act, which provides a legal framework for courts to issue orders aimed at preventing the wrongful removal or retention of a child, referred to as "abduction." The Act defines key terms such as "child" (an unemancipated individual under 18), "child-custody determination" (court orders regarding custody or visitation), and "travel document" (records related to travel plans, excluding passports or visas). It outlines procedures for filing petitions for abduction prevention measures, specifying that such petitions can only be filed in courts with jurisdiction over child-custody matters and that courts can issue temporary emergency jurisdiction if there's a credible risk of abduction. The bill details factors courts must consider when assessing the risk of abduction, including past behavior, threats, suspicious financial or travel activities, domestic violence history, ties to other countries, and the child's safety in a potential destination country. If a credible risk is found, courts can issue abduction prevention orders that may include travel restrictions, prohibitions on removing the child from certain areas, requirements for passport surrender, supervised visitation, or posting a bond. In urgent situations, courts can issue warrants for the immediate physical custody of a child, with provisions for a prompt hearing for the respondent. These orders remain in effect until modified or until the child is emancipated or turns 18, and the Act emphasizes uniformity in its application across states.

Health and Social Services

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2&year=2026&sessiontype=RS&btype=bill