Title 14 — Domestic Relations and Persons
48 chapters · 709 sections in this title.
N.D.C.C. § 14-14.2-01 Definitions
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As used in this chapter: 1. "Abduction" means the wrongful removal or wrongful retention of a child. 2. "Child" means an unemancipated individual who is seventeen years of age or younger. 3. "Child-custody determination" means a judgment, decree, or other order of a court providi…
N.D.C.C. § 14-14.2-02 Cooperation and communication among courts
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Sections 14-14.1-09, 14-14.1-10, and 14-14.1-11 apply to cooperation and communications among courts in proceedings under this chapter.
N.D.C.C. § 14-14.2-03 Actions for abduction prevention measures
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1. If a court finds the evidence establishes a credible risk of abduction of the child, the court on its own motion may order abduction prevention measures in a child-custody proceeding. 2. A party to a child-custody determination or another individual or entity having a right un…
N.D.C.C. § 14-14.2-04 Jurisdiction
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1. A petition under this chapter may be filed in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under chapter 14-14.1. 2. A court of this state has temporary emergency jurisdiction under section 14-14.1-15 if the court finds…
N.D.C.C. § 14-14.2-05 Contents of petition
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A petition under this chapter must be verified and include a copy of any existing child- custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described in section 14-14.2-06. Subject to section 14-12.2-24, i…
N.D.C.C. § 14-14.2-06 Factors to determine risk of abduction
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1. In determining whether there is a credible risk of abduction of a child, the court shall consider whether the petitioner or respondent: a. Has previously abducted or attempted to abduct the child; b. Has threatened to abduct the child; c. Has recently engaged in activities tha…
N.D.C.C. § 14-14.2-07 Provisions and measures to prevent abduction
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1. If a petition is filed under this chapter, the court may enter an order that must include: a. The basis for the court's exercise of jurisdiction; b. The manner notice and the opportunity to be heard were given to the persons entitled to notice of the proceeding; c. A detailed …
N.D.C.C. § 14-14.2-08 Warrant to take physical custody of child
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1. If a petition under this chapter contains allegations, and the court finds there is a credible risk the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child. 2. The court shall afford a respondent on…
N.D.C.C. § 14-14.2-09 Duration of abduction prevention order
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An abduction prevention order remains in effect until the earliest of: 1. The time stated in the order; 2. The emancipation of the child; 3. The child attaining eighteen years of age; or 4. The time the order is modified, revoked, vacated, or superseded by a court with jurisdicti…
N.D.C.C. § 14-14.2-10 Uniformity of application and construction
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In applying and construing this chapter, a court shall consider the promotion of uniformity of the law among the jurisdictions that enact it.
N.D.C.C. § 14-14.2-11 Relation to Electronic Signatures in Global and National Commerce Act
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This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act [15 U.S.C. 7001, et seq.] but does not modify, limit, or supersede section 101(c) of the act or authorize electronic delivery of any of the notices described in sec…