Okla. Stat. tit. 43, § 43-571-107
This is the official text of Okla. Stat. tit. 43, § 43-571-107, part of Oklahoma’s Stat. tit. 43, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43,." Browse the sections below, each linked to its official government source.
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Credible risk of abduction - Factors
Official statutory text
A. In determining whether there is a credible risk of abduction
of a child, the court shall consider any evidence that the
petitioner or respondent:
1. Has previously abducted or attempted to abduct the child;
2. Has threatened to abduct the child;
3. Has recently engaged in activities that may indicate a
planned abduction, including, but not limited to:
a. abandoning employment,
b. selling a primary residence,
Oklahoma Statutes - Title 43. Marriage and Family Page 168
c. terminating a lease,
d. closing bank or other financial management accounts,
liquidating assets, hiding or destroying financial
documents, or conducting any unusual financial
activities,
e. applying for a passport or visa or obtaining travel
documents for the respondent, a family member, or the
child, or
f. seeking to obtain the child's birth certificate or
school or medical records;
4. Has engaged in domestic violence, stalking, or child abuse
or neglect;
5. Has refused to follow a child custody determination;
6. Lacks strong familial, financial, emotional, or cultural
ties to the state or the United States;
7. Has strong familial, financial, emotional, or cultural ties
to another state or country;
8. Is likely to take the child to a country that:
a. is not a party to the Hague Convention on the Civil
Aspects of International Child Abduction and does not
provide for the extradition of an abducting parent or
for the return of an abducted child,
b. is a party to the Hague Convention on the Civil
Aspects of International Child Abduction but:
(1) the Hague Convention on the Civil Aspects of
International Child Abduction is not in force
between the United States and that country,
(2) is noncompliant according to the most recent
compliance report issued by the United States
Department of State, or
(3) lacks legal mechanisms for immediately and
effectively enforcing a return order under the
Hague Convention on the Civil Aspects of
International Child Abduction,
c. poses a risk that the child's physical or emotional
health or safety would be endangered in the country
because of specific circumstances relating to the
child or because of human rights violations committed
against children,
d. has laws or practices that would:
(1) enable the respondent, without due cause, to
prevent the petitioner from contacting the child,
(2) restrict the petitioner from freely traveling to
or exiting from the country because of the
petitioner's gender, nationality, marital status,
or religion, or
Oklahoma Statutes - Title 43. Marriage and Family Page 169
(3) restrict the child's ability to legally leave the
country after the child reaches the age of
majority because of a child's gender,
nationality, or religion,
e. is included by the United States Department of State
on a current list of state sponsors of terrorism,
f. does not have an official United States diplomatic
presence in the country, or
g. is engaged in active military action or war, including
a civil war, to which the child may be exposed;
9. Is undergoing a change in immigration or citizenship status
that would adversely affect the respondent's ability to remain in
the United States legally;
10. Has had an application for United States citizenship
denied;
11. Has forged or presented misleading or false evidence on
government forms or supporting documents to obtain or attempt to
obtain a passport, a visa, travel documents, a Social Security card,
a driver license, or other government-issued identification card or
has made a misrepresentation to the United States government;
12. Has used multiple names to attempt to mislead or defraud;
or
13. Has engaged in any other conduct the court considers
relevant to the risk of abduction.
B. In the hearing on a petition under this act, the court shall
consider any evidence that the respondent believed in good faith
that the respondent's conduct was necessary to avoid imminent harm
ntation to the United States government;
12. Has used multiple names to attempt to mislead or defraud;
or
13. Has engaged in any other conduct the court considers
relevant to the risk of abduction.
B. In the hearing on a petition under this act, the court shall
consider any evidence that the respondent believed in good faith
that the respondent's conduct was necessary to avoid imminent harm
to the child or respondent and any other evidence that may be
relevant to whether the respondent may be permitted to remove or
retain the child.
of a child, the court shall consider any evidence that the
petitioner or respondent:
1. Has previously abducted or attempted to abduct the child;
2. Has threatened to abduct the child;
3. Has recently engaged in activities that may indicate a
planned abduction, including, but not limited to:
a. abandoning employment,
b. selling a primary residence,
Oklahoma Statutes - Title 43. Marriage and Family Page 168
c. terminating a lease,
d. closing bank or other financial management accounts,
liquidating assets, hiding or destroying financial
documents, or conducting any unusual financial
activities,
e. applying for a passport or visa or obtaining travel
documents for the respondent, a family member, or the
child, or
f. seeking to obtain the child's birth certificate or
school or medical records;
4. Has engaged in domestic violence, stalking, or child abuse
or neglect;
5. Has refused to follow a child custody determination;
6. Lacks strong familial, financial, emotional, or cultural
ties to the state or the United States;
7. Has strong familial, financial, emotional, or cultural ties
to another state or country;
8. Is likely to take the child to a country that:
a. is not a party to the Hague Convention on the Civil
Aspects of International Child Abduction and does not
provide for the extradition of an abducting parent or
for the return of an abducted child,
b. is a party to the Hague Convention on the Civil
Aspects of International Child Abduction but:
(1) the Hague Convention on the Civil Aspects of
International Child Abduction is not in force
between the United States and that country,
(2) is noncompliant according to the most recent
compliance report issued by the United States
Department of State, or
(3) lacks legal mechanisms for immediately and
effectively enforcing a return order under the
Hague Convention on the Civil Aspects of
International Child Abduction,
c. poses a risk that the child's physical or emotional
health or safety would be endangered in the country
because of specific circumstances relating to the
child or because of human rights violations committed
against children,
d. has laws or practices that would:
(1) enable the respondent, without due cause, to
prevent the petitioner from contacting the child,
(2) restrict the petitioner from freely traveling to
or exiting from the country because of the
petitioner's gender, nationality, marital status,
or religion, or
Oklahoma Statutes - Title 43. Marriage and Family Page 169
(3) restrict the child's ability to legally leave the
country after the child reaches the age of
majority because of a child's gender,
nationality, or religion,
e. is included by the United States Department of State
on a current list of state sponsors of terrorism,
f. does not have an official United States diplomatic
presence in the country, or
g. is engaged in active military action or war, including
a civil war, to which the child may be exposed;
9. Is undergoing a change in immigration or citizenship status
that would adversely affect the respondent's ability to remain in
the United States legally;
10. Has had an application for United States citizenship
denied;
11. Has forged or presented misleading or false evidence on
government forms or supporting documents to obtain or attempt to
obtain a passport, a visa, travel documents, a Social Security card,
a driver license, or other government-issued identification card or
has made a misrepresentation to the United States government;
12. Has used multiple names to attempt to mislead or defraud;
or
13. Has engaged in any other conduct the court considers
relevant to the risk of abduction.
B. In the hearing on a petition under this act, the court shall
consider any evidence that the respondent believed in good faith
that the respondent's conduct was necessary to avoid imminent harm
ntation to the United States government;
12. Has used multiple names to attempt to mislead or defraud;
or
13. Has engaged in any other conduct the court considers
relevant to the risk of abduction.
B. In the hearing on a petition under this act, the court shall
consider any evidence that the respondent believed in good faith
that the respondent's conduct was necessary to avoid imminent harm
to the child or respondent and any other evidence that may be
relevant to whether the respondent may be permitted to remove or
retain the child.
Status: in_force · Read it on the official government site
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