All Roll Calls
Yes: 139 • No: 0
Sponsored By: Senate Judiciary
Became Law
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5 provisions identified: 2 benefits, 0 costs, 3 mixed.
A court in a custody case can act on its own to stop a likely abduction. Judges use a list of risk factors like past threats, travel plans, false documents, and ties to other places. If the judge finds a credible risk, the court must issue an order to prevent abduction. Orders must state why the court has authority, how notice was given, each party’s custody and visitation terms, possible penalties, and the child’s usual country of residence.
Courts can give emergency relief to stop an imminent abduction, including a warrant to take the child into custody. A judge can issue an ex parte warrant when there is a credible, imminent risk; the respondent gets a prompt hearing, usually by the next court day. Warrants must list key facts, set a hearing time, and provide for safe placement; police may enter private property and, in urgent cases, use forcible entry. Prosecutors and designated public officials can seek these warrants, and courts can use temporary emergency jurisdiction. If someone seeks a warrant in bad faith, the court can order them to pay fees and costs.
Judges can require sharing travel plans, addresses, and travel documents before a child leaves a set area. Orders can bar taking a child out of North Dakota or the U.S., pulling a child from school, or approaching a child except at supervised sites. Courts can add passport alerts, require surrender of the child’s passport, and block new passports or visas. Courts may require consular notices, embassy or Hague registrations, or a matching foreign order. Judges can require supervised visits and a bond to deter abduction, and can require registering the order in another state before travel. These steps protect children but can add limits, delays, and costs for the respondent.
A child under this law is an unemancipated person age 17 or younger. Abduction means wrongful removal or wrongful retention. “Travel documents” do not include passports or visas. Prevention orders last until the order’s set end date, the child’s emancipation, the child’s 18th birthday, or a court changes the order. Courts aim to apply this law uniformly with other states. The law also clarifies electronic records rules and does not allow electronic delivery of certain federal notices.
Parents, guardians, and others with custody rights can file a sworn petition asking the court to prevent abduction. You file in the same court that has custody jurisdiction. The petition must list risk facts and, when known, the child’s and respondent’s key details and any past related cases. At the hearing, the judge also considers any good‑faith claim that actions were needed to avoid imminent harm.
Senate Judiciary
Affiliation unavailable
There are no cosponsors for this bill.
All Roll Calls
Yes: 139 • No: 0
House vote • 3/12/2025
Second reading, passed, yeas 92 nays 0
Yes: 92 • No: 0
Senate vote • 1/16/2025
Second reading, passed, yeas 47 nays 0
Yes: 47 • No: 0
Filed with Secretary Of State 03/18
Signed by Governor 03/18
Sent to Governor
Signed by President
Signed by Speaker
Returned to Senate
Second reading, passed, yeas 92 nays 0
Reported back, do pass, place on calendar 12 0 2
Committee Hearing 10:00
Introduced, first reading, referred Judiciary Committee
Received from Senate
Second reading, passed, yeas 47 nays 0
Reported back, do pass, place on calendar 7 0 0
Committee Hearing 10:30
Introduced, first reading, referred Judiciary Committee
Enrollment
INTRODUCED
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