Maryland Code § FL-9.7-108

Section FL-9.7-108
Open in Lexace · Ask the AI about this section
(a) If a petition is filed under this title, the court may enter an order that
shall include:
(1) the basis for the court's exercise of jurisdiction;
(2) the manner in which notice and an opportunity to be heard were
given to the persons entitled to notice of the proceeding;
(3) a detailed description of each party's custody and visitation rights
and residential arrangements for the child;

(4) a provision stating that a violation of the order may subject the
party in violation to civil and criminal penalties; and
(5) identification of the child's country of habitual residence at the
time of the issuance of the order.
(b) (1) If, at a hearing on a petition under this title or on the court's own
motion, the court after reviewing the evidence finds a credible risk of abduction of the
child, the court shall enter an abduction prevention order.
(2) An order entered under this subsection shall include the
provisions required by subsection (a) of this section and measures and conditions,
including those in subsections (c), (d), and (e) of this section, that are reasonably
calculated to prevent abduction of the child, giving due consideration to the custody
and visitation rights of the parties.
(3) The court shall consider the age of the child, the potential harm
to the child from an abduction, the legal and practical difficulties of returning the
child to the jurisdiction if abducted, and the reasons for the potential abduction,
including evidence of domestic violence, stalking, or child abuse or neglect.
(c) An abduction prevention order may include one or more of the following:
(1) an imposition of travel restrictions that require that a party
traveling with the child outside a designated geographic area provide the other party
with the following:
(i) the travel itinerary of the child;
(ii) a list of physical addresses and telephone numbers at
which the child can be reached at specified times; and
(iii) copies of all travel documents;
(2) a prohibition on the respondent directly or indirectly:
(i) removing the child from the State, the United States, or
another geographic area without permission of the court or the petitioner's written
consent;
(ii) removing or retaining the child in violation of a child
custody determination;

(iii) removing the child from school or a child care or similar
facility; or
(iv) approaching the child at any location other than a site
designated for supervised visitation;
(3) a requirement that a party register the order in another state as
a prerequisite to allowing the child to travel to that state;
(4) with regard to the child's passport:
(i) a direction that the petitioner place the child's name in the
United States Department of State's Child Passport Issuance Alert Program;
(ii) a requirement that the respondent surrender to the court
or the petitioner's attorney any United States or foreign passport issued in the child's
name, including a passport issued in the name of both the parent and the child; and
(iii) a prohibition on the respondent applying on behalf of the
child for a new or replacement passport or visa;
(5) as a prerequisite to exercising custody or visitation, a
requirement that the respondent provide:
(i) to the United States Department of State's Office of
Children's Issues and the relevant foreign consulate or embassy, an authenticated
copy of the order detailing passport and travel restrictions for the child;
(ii) to the court:
1. proof that the respondent has provided the
information in item (i) of this item; and
2. an acknowledgment in a record from the relevant
foreign consulate or embassy that no passport application has been made, or passport
issued, on behalf of the child;
(iii) to the petitioner, proof of registration with the United
States Embassy or other United States diplomatic presence in the destination
country and with the Central Authority for the Hague Convention on the Civil
Aspects of International Child Abduction, if that Convention is in effect between the
United States and the destination country, unless one of the parties objects; and

(iv) a written waiver under the federal Privacy Act, 5 U.S.C. §
552a, with respect to any document, application, or other information pertaining to
the child authorizing its disclosure to the court and the petitioner; and
(6) on the petitioner's request, a requirement that the respondent
obtain an order from the relevant foreign country containing terms identical to the
child custody determination issued in the United States.
(d) In an abduction prevention order the court may impose conditions on
the exercise of custody or visitation that:
(1) (i) limit visitation or require that visitation with the child by
the respondent be supervised until the court finds that supervision is no longer
necessary; and
(ii) order the respondent to pay the costs of any supervision;
(2) require the respondent to post a bond or provide other security in
an amount sufficient to serve as a financial deterrent to abduction, the proceeds of
which may be used to pay for the reasonable expenses of recovery of the child,
including reasonable attorney's fees and costs if there is an abduction; and
(3) require the respondent to obtain education on the potentially
harmful effects to the child from abduction.
(e) To prevent imminent abduction of a child, a court may:
(1) issue a warrant to take physical custody of the child under § 9.7-
109 of this title or under any other law of the State;
(2) direct the use of law enforcement to take any action reasonably
necessary to locate the child, obtain return of the child, or enforce a custody
determination under the laws of the State; or
(3) grant any other relief allowed under the laws of the State.
(f) The remedies provided in this section are cumulative and do not affect
the availability of other remedies to prevent abduction.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.