Summary — HB 370: General Statutes Commission Uniform Acts Regarding Children
Status (as of 2025-05-14)
- Introduced in the House and referred to Judiciary 1 (filed March 12, 2025).
- Committee substitute reported favorably (3/18/2025).
- Placed on the General State Calendar (5/14/2025).
Purpose
- To adopt two uniform statutory frameworks recommended by the General Statutes Commission:
1. The Uniform Child Abduction Prevention Act (UCAPA); and
2. Article Three of the Uniform Unregulated Child Custody Transfer Act (text of Article Three not included in the provided excerpts).
- Overall goal: give North Carolina courts clear authority and procedures to identify credible risks of child abduction and to order prevention measures, and to address issues arising from unregulated transfers of child custody.
Key provisions — Uniform Child Abduction Prevention Act (Article 4, Chapter 50A)
- Definitions: establishes key terms used in the Act (e.g., “abduction,” “wrongful removal,” “wrongful retention,” “travel documents,” and “child-custody proceeding”).
- Who may seek relief: a court may act on its own motion, and parties or other entitled individuals/entities may file verified petitions requesting abduction‑prevention measures.
- Jurisdiction: petitions may be filed only in courts that have child‑custody jurisdiction under existing Chapter 50A rules; a court may exercise temporary emergency jurisdiction when it finds a credible risk of abduction.
- Petition contents: petitions must be verified and, where reasonably ascertainable, include the child’s identifying information (name, DOB, customary/current address), respondent information, copies of existing custody orders (if any), and facts supporting a credible risk (see below).
- Risk factors: the statute lists non‑exclusive factors a court must consider in assessing credible risk, including:
- prior abduction or attempts, threats, or recent activities suggesting planning (e.g., abandoning employment, selling residence, terminating lease, unusual financial transactions, seeking passports/visas or the child’s travel/identity records);
- history of domestic violence, stalking, or child abuse/neglect;
- refusal to follow custody orders;
- strength/weakness of ties to the State/United States vs. ties to another state/country;
- the destination country’s Hague Convention status, compliance history, absence of U.S. diplomatic presence, human‑rights or child‑safety concerns, or status as a state sponsor of terrorism.
- Court cooperation: existing cooperative and communication provisions of Chapter 50A apply (e.g., communication with courts in other states).
- Standards for evidence and hearings: the Act requires courts to consider the enumerated factors and permits measures (statutory text establishes process details for hearings, approvals and publication of findings).
Key provisions — Uniform Unregulated Child Custody Transfer Act (Article Three)
- The bill enacts Article Three as recommended by the General Statutes Commission; the provided excerpts do not include the full text. Generally, the Uniform Unregulated Child Custody Transfer Act addresses legal status, recognition, and remedies where physical custody of a child is transferred without court supervision or statutory regulation.
Who is affected
- Children at risk of international or interstate parental abduction.
- Parents and other persons with custody or visitation rights.
- North Carolina trial courts (district and superior courts with custody jurisdiction).
- Law enforcement, child welfare agencies, and attorneys involved in custody litigation.
Potential impacts
- Creates a statutory procedure to identify and respond quickly to credible abduction risks (including emergency jurisdiction).
- Gives courts a checklist of risk indicators (travel documents, financial moves, destination country characteristics) to inform orders and preventive actions.
- Facilitates interstate cooperation under existing Chapter 50A mechanisms.
- May require courts and practitioners to adjust pleading and evidence practices to align with the Act’s petition, notice, and risk‑assessment requirements.
- The practical effect of Article Three (unregulated custody transfers) will depend on the enacted text; that portion may affect recognition and remedies for out‑of‑court custody arrangements.
Procedural / timeline notes
- Committee substitute adopted 3/18/2025; bill advanced to calendar and placed on General State Calendar 5/14/2025.
- No effective date is specified in the provided excerpts; implementation timing will be set by the enacted bill (or general rules on effective dates).
Sources
- Bill text (Chapter 50A additions) and committee actions as provided in the bill packet (House Bill 370, General Statutes Commission Uniform Acts Regarding Children).
