Bill
SB 2126
North Dakota uses UCAPA to give courts and law enforcement clear authority to prevent child abduction in custody cases by assessing risk factors and applying preventive measures.
Status & sponsorship
- Introduced: March 10, 2025 (Judiciary Committee), at the request of the Commission on Uniform State Laws.
- Filed with Secretary of State: March 18, 2025.
- Purpose: To create and enact chapter 14‑14.2 of the North Dakota Century Code adopting the Uniform Child Abduction Prevention Act (UCAPA).
What the bill does (main purpose)
- Provides a statutory framework giving North Dakota courts and prosecutors specific procedures and tools to prevent the wrongful removal or retention (abduction) of children in the context of child‑custody disputes.
- Applies UCAPA’s model provisions to child‑custody proceedings in this state so courts can intervene when there is a credible risk a child will be abducted.
Key definitions (selected)
- “Abduction”: wrongful removal or wrongful retention of a child.
- “Child”: an unemancipated person age 17 or younger.
- “Child‑custody proceeding/ determination”: broad coverage including divorce, custody, visitation, guardianship, paternity, dependency, termination of parental rights, and protection from domestic violence.
- “Travel document”: travel itinerary records (tickets, reservations), excluding passport/visa.
Who may seek relief and jurisdiction
- A party to a child‑custody determination (or another person/entity entitled to seek custody) may file a verified petition for abduction prevention measures.
- A prosecutor or other public authority designated under existing law may seek a warrant to take physical custody of a child when appropriate.
- A petition may be filed in any court that has jurisdiction to make child‑custody determinations under chapter 14‑14.1; courts have temporary emergency jurisdiction when they find a credible risk of abduction.
Petition requirements
- Petitions must be verified and, if available, include any existing custody orders.
- Must specify risk factors for abduction and, when reasonably ascertainable, supply: child’s name, DOB, gender; customary and current addresses/locations of child and respondent; history of prior abduction/domestic‑violence actions; arrests for domestic violence/stalking/child abuse; and other child‑custody information required under section 14‑14.1‑20.
Factors the court must consider (examples)
The bill lists numerous non‑exclusive factors the court shall consider in assessing a “credible risk,” including whether the petitioner or respondent:
- Has previously abducted or threatened to abduct the child, or refuses to follow custody orders.
- Has recently undertaken conduct suggesting planned removal (abandoning employment, selling residence, closing financial accounts, applying for passports or travel documents, trying to obtain the child’s birth certificate or records).
- Has engaged in domestic violence, stalking, or child abuse/neglect.
- Lacks ties to the state or has strong ties to another state/country or is undergoing immigration changes that could affect ability to remain lawfully in the U.S.
- Is likely to take the child to a country with characteristics that raise enforcement or safety concerns (e.g., not a Hague Convention party, poor Hague‑compliance record, lacks U.S. diplomatic presence, listed as state sponsor of terrorism, engaged in active armed conflict, or has laws/practices that would impede the petitioner’s contact or the child’s ability to leave).
Court powers and measures (overview)
- If a credible risk exists, the court — on its own motion or on petition — may order abduction prevention measures in the child‑custody proceeding.
- The bill expressly authorizes prosecutors or designated public authorities to seek warrants to take physical custody of a child under specified circumstances (see §14‑14.2‑08 referenced).
- The statute references UCAPA’s cooperative provisions and existing rules for court cooperation and communication under chapter 14‑14.1.
Practical impact
- Gives courts and law enforcement clearer statutory authority and a list of risk factors to evaluate attempted or potential parental abductions.
- Creates standardized petition content and procedural bases for emergency jurisdiction and preventive interventions.
- Affects parents, custodians, guardians, family courts, prosecutors, and potentially airlines/transportation and record‑holders (through measures commonly available under UCAPA such as travel‑document controls and related orders — see full text of UCAPA for specific remedies).
Notes
- This bill adopts UCAPA provisions and references other North Dakota child custody statutes (chapter 14‑14.1). Some operative sections (e.g., specific abduction‑prevention remedies enumerated elsewhere in UCAPA or later sections such as §14‑14.2‑08) are referenced but not fully reproduced in the excerpt provided. For precise remedies and enforcement mechanisms, consult the full chapter text once enacted.
Compiled from official sources — confirm details with the bill’s official record.
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