Chapter 532 Oregon Laws 2003
AN ACT
HB 3250
Relating to travel with minor children.
Be It Enacted by the People of the State of
Oregon:
SECTION
1. (1) As used in this section:
(a)
“Custody order” includes any order, judgment or decree establishing or
modifying custody of, or parenting time or visitation with, a minor child as
described in ORS 107.095, 107.105 (1), 107.135 or 109.103.
(b)
“Foreign country” means any country that:
(A)
Is not a signatory to the Hague Convention on the Civil Aspects of
International Child Abduction;
(B)
Does not provide for the extradition to the United States of a parental
abductor and minor child;
(C)
Has local laws or practices that would restrict the other parent of the minor
child from freely traveling to or exiting from the country because of the
gender, race or religion of the other parent;
(D)
Has local laws or practices that would restrict the ability of the minor child
from legally leaving the country after the child reaches the age of majority
because of the gender, race or religion of the child; or
(E)
Poses a significant risk that the physical health or safety of the minor child
would be endangered in the country because of war, human rights violations or
specific circumstances related to the needs of the child.
(2)
A court that finds by clear and convincing evidence a risk of international
abduction of a minor child may issue a court order requiring a parent who is
subject to a custody order and who plans to travel with a minor child to a
foreign country to provide security, bond or other guarantee as described in
subsection (4) of this section.
(3)
In determining whether a risk of international abduction of a minor child
exists, a court shall consider the following factors involving a parent who is
subject to a custody order:
(a)
The parent has taken or retained, attempted to take or retain or threatened to
take or retain a minor child in violation of state law or a valid custody order
and the parent is unable to present clear and convincing evidence that the
parent believed in good faith that the conduct was necessary to avoid imminent
harm to the parent or the child;
(b)
The parent has recently engaged in a pattern of activities that indicates the
parent is planning to abduct the minor child from this country;
(c)
The parent has strong familial, emotional or cultural connections to this
country or another country, regardless of citizenship or residency status; and
(d)
Any other relevant factors.
(4)
A security, bond or other guarantee required by a court under this section may
include, but is not limited to, any of the following:
(a)
A bond or security deposit in an amount that is sufficient to offset the cost
of recovering the minor child if the child is abducted;
(b)
Supervised parenting time; or
(c)
Passport and travel controls, including but not limited to controls that:
(A)
Prohibit the parent from removing the minor child from this state or this
country;
(B)
Require the parent to surrender a passport or an international travel visa that
is issued in the name of the minor child or jointly in the names of the parent
and the child;
(C)
Prohibit the parent from applying for a new or replacement passport or
international travel visa on behalf of the minor child; and
(D)
Require the parent to provide to a relevant embassy or consulate and to the
Office of Children’s Issues in the United States Department of State the
following documents:
(i)
Written notice of passport and travel controls required under this paragraph;
and
(ii)
A certified copy of a court order issued under this section.
(5)
After considering the factors under subsection (3) of this section and
requiring a security, bond or other guarantee under this section, the court
shall issue a written determination supported by findings of fact and
conclusions of law.
(6) Nothing in this section is intended to limit the inherent power of a court in matters relating to children.
Approved by the Governor July 1, 2003
Filed in the office of Secretary of State July 1, 2003
Effective date January 1, 2004
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