72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 3250
Sponsored by Representative NELSON (at the request of Lillian
Frease)
CHAPTER ................
AN ACT
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;
Enrolled House Bill 3250 (HB 3250-B) Page 1
(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. + }
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Passed by House May 9, 2003
Repassed by House June 11, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 9, 2003
...........................................................
President of Senate
Enrolled House Bill 3250 (HB 3250-B) Page 2
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 3250 (HB 3250-B) Page 3