72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 3250
 
LC 1829/HB 3250-6
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3250
 
                    By COMMITTEE ON JUDICIARY
 
                              May 1
 
  On page 1 of the printed bill, delete lines 4 through 31 and
delete page 2 and insert:
  '  { +  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, but not be
limited to, 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; or
  ' (c) The parent has strong familial, emotional or cultural
connections to this country or another country, regardless of
citizenship or residency status.
  ' (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; and
  ' (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. + } ' .
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